Terms of Use

Welcome to https://freskincare.co.il (the "Site"), operated by FRE Skincare Ltd., located at 4 Raul Wallenberg St., Tel Aviv (the "Company"), telephone 03-5660695. These terms and conditions, together with the Site's "Privacy Policy," govern the terms of use of the Site. Accessing this Site and purchasing products on it are subject to all the terms detailed below.

1. General
   • The following terms of use govern the relationship between the Company and any person using the Site's functions, including a surfer and/or viewer and/or purchaser of products on the Site, directly or indirectly, through any end device (the "User" or the "Customer").
   • Please read the terms detailed in these regulations carefully before performing any action on the Site, as they constitute a binding agreement between you and the Company. The very act of using and participating in the Site constitutes your agreement to the terms of these regulations without any limitation or reservation. Therefore, if you do not agree to these terms, please refrain from any use of the Site.
   • The headings of the sections in these regulations are for convenience only and shall not be used for the interpretation of the regulations and/or for any other purpose. For convenience, these regulations are worded in the masculine gender, but they refer to both genders equally. Everything stated in these regulations in the masculine gender also refers to the feminine and vice versa, and everything stated in the singular also refers to the plural and vice versa.
   • Some actions on the Site may be subject to additional terms of use. In such a case, performing the said actions shall be subject to these general terms of use as well as the specific terms and agreements applicable to them.
   • The regulations and terms of use of the Site are subject to change from time to time at the Company's sole discretion and without the need for prior notice. Should it be decided to change the provisions of the regulations, the updated version published on the Site shall be binding from the date of the change; therefore, it is recommended to review these regulations from time to time.
2. Use of the Site
   • The website is an online commerce site that allows for the purchase of various types of skincare, beauty, and cosmetic products. The Site and its services must be used for legal purposes only and solely for the purposes for which the Site is intended.
   • For any questions or clarifications regarding the Site and/or the sale of products through it and/or the provisions of these regulations, you can contact the Company's customer service department via email at support@freskincare.com or by phone at 03-5660695.
   • Any person and/or other legal entity may make a purchase on the Site, provided that they have complied with all the provisions of these regulations, and in particular with each of the following conditions cumulatively:

• The user is competent to perform binding legal acts.
• The user is an adult (over the age of 18), a resident of Israel, or holds a legal residence permit in Israel, and has an address in Israel. If the user is a minor (under the age of 18), they may use the Site only with the approval of a parent and/or guardian.
• The user has an email address on the internet, as well as a valid Israeli credit card, issued in Israel by one of the credit card companies operating in Israel and which the Site honors, as detailed below.
  • The sale of products on the Site is not intended for wholesale and/or resale. The Company reserves the right to determine a maximum quantity of product units that can be purchased in a single purchase, as well as to cancel or reduce the quantity of any product to be supplied to a customer, which, at its sole discretion, could lead to a violation of the terms of use.
  • Orders can be placed on the Site 24 hours a day, except in cases where the Site is disabled for maintenance or for any other reason. In the event that you encounter a technical, operational, or other difficulty in connection with the Site or an order you have placed / wish to place, or if you require any clarification / assistance in connection with the above, you can contact us via email at support@freskincare.com.

3. Content, Products, and Prices on the Site
   • The Company works to ensure that the content displayed on the Site is current, correct, and accurate; however, inaccuracies and/or errors may appear. It is clarified that the features, models, design, colors, or appearance of the products described or displayed on the Site, including any image, description, or presentation of a product, are for illustrative purposes only and are not necessarily accurate and/or exhaustive. Do not rely on the data and ingredients of the product as they appear on the Site; instead, you should read and rely on what appears on the product packaging before using it. If you have identified a discrepancy between the actual appearance and description of the product and the product appearing on the Site, we would appreciate you informing us so that we may take action to correct it.
   • The range of products displayed on the Site is subject to the Company's discretion, and the Company does not guarantee a specific variety or that all products displayed on the Site are actually in stock at all times. The Company may update the range of products on the Site, replace them, cease offering them, remove out-of-stock products, etc., all at its sole discretion and without the need to notify you.
   • The prices appearing on the Site are quoted in NIS, include VAT (if applicable according to law), but do not include shipping fees which will be charged separately as stated in section 5 below. The Company may update the prices of products on the Site from time to time at its discretion, without the need for prior notice. Therefore, there may be cases where a discrepancy is discovered between the price at the time the products were added to the "shopping cart" and the product prices at the time the order process is completed. In any case, it is clarified that the binding price is the price that appeared at the time of completing the order process, and the Company will not bear any responsibility due to such price discrepancies.
   • The Company works to ensure that the prices displayed on the Site are correct. However, inaccuracies and/or errors may occur. In the event that an error is discovered in the price of a product, the Company will offer the customer to purchase the product at the correct price or, alternatively, to cancel the order.
   • The Company may publish and/or offer Site users promotions and/or discounts and any other benefit under conditions determined by it and at its sole discretion. The Company may discontinue any such promotion or benefit immediately and without prior notice. As a general rule, double discounts / benefits will not be given on items sold on the Site (unless explicitly stated otherwise). This includes the inability to redeem coupons granting a discount and/or any benefit for items on sale.
4. How to Place an Order and Purchase on the Site
   • There are two ways to place an order on the Site. The first option is by opening an online account on the Site (the "Account"), after which the customer will be approved by the Company. Opening an account involves providing accurate and correct details as well as confirming the other conditions required for registration, all as they may be from time to time. The customer undertakes to notify the Company of any change in the details provided immediately upon their occurrence. Notification of such a change shall be made by updating the customer account on the Site or by contacting customer service. If the customer does not notify of such a change, charges will continue to apply to the customer even if goods were supplied to someone other than the customer at the address provided during the registration process.
   • Another option for placing an order on the Site is under "guest" mode (without the need to open an account). To order products this way, the customer will be required to enter only a few details and confirm the other required conditions. It is clarified that ordering in "guest" mode may limit the range of tools and benefits available to that customer, compared to those available to a customer who has completed registration on the Site and opened an account in their name.
   • For the purpose of opening an account, the customer will be asked to enter various details (email address, mobile phone, etc.), which will be used for their activity on the Site. The customer is solely responsible for keeping the password assigned to them for accessing the account confidential. The Company shall not be liable for any damage caused to the customer and/or anyone on their behalf in connection with the loss of the password or with unauthorized activities in the account, unless resulting from its negligent default.
   • Providing false details is a criminal offense, and anyone doing so is liable to be exposed to legal, criminal, and civil proceedings. The Company reserves its right not to approve the opening of an account / to close an account immediately / to cancel or not approve an order, if the details provided by the user are incomplete, inaccurate, or outdated, at its sole discretion.
   • A customer wishing to order and purchase products through the Site will mark the products they wish to purchase, and these will be added to the "shopping cart," subject to their availability in stock. As long as the order has not been completed, the customer will be able to view the "shopping cart," change quantities, add or remove products, etc. At the end of the product selection process, the products will be added to the customer's "shopping cart," and the order processing and payment execution process will begin, during which the customer will be required to provide and complete the necessary details, including the credit card details through which the payment will be made.
   • The user must ensure that all details are provided correctly, fully, updated, and accurately. The Company is not responsible for the entry of incorrect details and for any malfunctions that occurred as a result. In the event that products are returned to the Company due to incorrect details, the customer will be charged for shipping and handling fees.
   • Purchasing on the Site will be possible using the following credit cards only: American Express, Mastercard, Isracard, and Visa. Purchases using other credit cards and/or debit cards with a billing address outside Israel and/or via cash on delivery and/or via checks will not be allowed.
   • Every user must use a credit card bearing their own name only. If the user makes use of the credit card details of any third party, the use must be with the knowledge and consent of the registered owner of the credit card. The customer will bear full responsibility and will indemnify the Company immediately for any claim and/or demand by the credit card owner and/or any third party in connection with the customer's use of the credit card as mentioned. An order that has not been confirmed by receiving an order confirmation as mentioned will not bind the Company.
   • After the order process is completed and the purchase details are approved by the credit card company, an order confirmation and/or transaction invoice and/or a verification message for the transaction will be sent to the user, in accordance with the details provided by the customer. If you do not receive such a document within 24 hours of placing the order, it is recommended to contact us without delay to clarify the matter. The user gives their consent to receive from the Company (via any media) such an order confirmation and/or invoice and/or verification message, as well as other messages as required for the operation of the Site and/or as part of providing service to Site users (such as a reminder to complete an order), and confirms that this does not constitute a "promotional message." The user may withdraw this consent by notifying the Company in one of the ways detailed in these regulations.
   • If it turns out that the customer's credit card is invalid, or that the credit card company does not honor the transaction, the Company will notify the customer of the credit card company's refusal of such transaction. The Company will not bear any responsibility for a delay and/or non-delivery of an order in such a case.
   • It is hereby clarified that from the moment the order process is completed, it cannot be changed and/or canceled via the Site. In the event that the customer wishes to ask questions about an order they have placed, make changes to it, or cancel it, insofar as this is possible subject to the provisions of the regulations and the law, they must contact the Company without delay via email at support@freskincare.com or by phone at 03-5660695. An order change will come into effect and bind the Company only subject to its approval by the Company through sending a new order confirmation to the customer.
5. Delivery and Transport of Products According to the Order
   • Subject to full payment for the products purchased by the customer through the Site, the Company will supply the products to the customer via courier (by an external shipping company) to the customer's address (as entered on the Site by the customer), usually and unless we notify otherwise, within five (5) business days from the date of completion of the order and final payment for it (whichever is later). It is not possible to coordinate a specific time for delivery, and it will be supplied within the timeframe mentioned (orders received in the system until 12:00 will be processed, if possible, on the same business day. Orders received after 12:00 will be processed, if possible, on the following business day. Orders received on Fridays, Saturdays, and on the eve of holidays and holidays will be processed, if possible, on Sunday or the following weekday).
   • Product delivery times include business days only, i.e., Sunday to Thursday, and do not include Fridays and Saturdays, holiday eves, and holidays. It is clarified that the server clock on which the Company's site is operated will constitute final and decisive evidence regarding the time of order confirmation and the time of invoice issuance by the Company.
   • Supply of products in the order is subject to their availability in stock. The Company does not undertake to maintain stock of all products appearing on the Site at all times, nor to supply all products in the order, whether it is stated that they are in stock or not, and the customer will have no claim against the Company on this matter. In the event that it is not possible to supply a product that was ordered (due to unavailability in stock or for any other reason), the Company will attempt to contact the customer, in accordance with the details provided, to examine the possibility of supplying them with a substitute product, if available, at its discretion. The price of the substitute product may be different (cheaper or more expensive) than the price of the ordered product. If the customer is interested in the substitute product offered to them or another substitute product, they will be charged / credited for the price difference compared to the ordered product, as the case may be. If the customer is not interested in any substitute product, the customer may cancel the order entirely or cancel the specific product that could not be supplied and receive a credit for it. It is clarified that the ordering customer will have no claim and/or lawsuit against the Company in the event of non-delivery of an ordered product and/or in the event that a substitute product was supplied in its place.
   • It is clarified that the purchase of products and their delivery are possible only when the requested delivery address is within the Site's area of activity and subject to there being no technical and/or other obstacle preventing delivery. It is the customer's responsibility to verify before placing the order that it is indeed possible to ship the order to the requested address. Without derogating from the above, it is clarified that the supply of products is subject to reasonable accessibility (infrastructure, security restrictions, etc.). Packaging of the ordered products will be in accordance with the Company's packaging policy (in plastic bags and/or any other packaging), as will be updated from time to time, at the Company's discretion.
   • In addition to the prices of the products in the order, the customer will be charged a shipping fee of NIS 29. In installment sales, the Company may collect the full shipping fee along with the first payment for the ordered products. A purchase over NIS 300 will be exempt from shipping fees. The Company may update the shipping rates and conditions from time to time. The shipping fee will be determined finally according to the purchase amount for payment on the day of delivery, so that if the actual purchase amount does not exceed NIS 300, for any reason including lack of products and/or the existence of promotions, etc., a shipping fee will be added in addition to the purchase amount.
   • In the event that the shipment did not reach the customer due to an act and/or omission of the customer, including but not limited to, in the event that the customer entered an incorrect address and/or was not present at the delivery address and/or was not available at the time of delivery, the shipment will be returned to the Company. In such a case, the customer must contact the Company on their own initiative to coordinate a new delivery date, and in such a case, they will have to bear the cost of the shipment, even if the original shipment did not involve the payment of shipping fees. Failure to coordinate a new delivery date will not exempt the customer from payment for the order placed by them, including the payment of shipping fees, if any.
   • When filling in the required details and/or in the event that the courier contacts the customer, the customer may state that they agree for the order to be left near the door of the delivery address or in another place requested by them, in case the customer or anyone on their behalf is not present at the time of delivery. Such a request is made at the customer's full responsibility, and the Company will have no responsibility for any damage and/or loss, direct, consequential, or other caused to the shipment and/or the customer and/or any third party due to the above (including due to theft or spoilage of the products), and the customer will be charged the full purchase amount and shipping fee. Despite the above, the Company has the sole discretion to determine that in certain cases, leaving products as mentioned will not be possible and/or that the customer's presence at home is required for receiving the shipment, and that in certain cases, leaving the products near the door of the delivery address is mandatory.
   • Failure by the Company to meet the requested delivery date for any reason will not exempt the customer from the obligation of payment for the delivery.
6. Transaction Cancellation Policy and Product Returns
   • The customer must check the contents of the shipment supplied to them upon receipt and compare it both to the order and to the invoice that will be provided at the time of delivery. If the customer does not raise any claim regarding the charges detailed in the invoice in writing within thirty days from the day of receiving the invoice from the Company, they will be barred from raising any future claim regarding such charges and will be considered as having approved the details of the charges in the invoice and agreed to the charge amount.
   • In the event that a discrepancy in the products is discovered, or in another case of dissatisfaction on the part of the customer regarding the supplied products, the customer must notify the customer service department within 24 hours after the time of delivery. The customer service department will coordinate with the customer the completion / replacement / return of the products and/or the billing / financial credit of the customer, as the case may be and as required by any law. Failure to provide notification within the aforementioned period constitutes a waiver by the customer of any claim and/or lawsuit in connection with non-compliance and/or dissatisfaction on their part. It is clarified that completion and/or replacement and/or return of a product may also be subject to a shipping fee, as the case may be.
   • The customer may cancel a transaction, in the event of remorse, within 14 days from the day of receiving the product and/or from the day of receiving the transaction document (whichever is later), by providing a notice of transaction cancellation in one of the ways detailed in section 4.11 above (in the cancellation notice, you must specify the full name, ID number, the last four digits of the credit card used for payment, and the order number), and compliance with the other provisions detailed below, provided that it does not involve food products, perishable products, consumable products, products manufactured especially for the consumer according to special measurements or requirements, products that can be recorded, duplicated, or reproduced, products whose original packaging was opened by the consumer, medicines and nutritional supplements, underwear including swimwear, and products that by law cannot be returned.
   • For the purpose of canceling a transaction, returning or replacing a product, the product must be returned to the Company complete, in its original packaging (unopened), without any use having been made of it, and without the product being damaged, and the purchase invoice must be attached. Without derogating from the above, opening packaging, touching the product, or applying it in any way is considered use, and in this case, it will not be possible to replace, return, or cancel the transaction. Returning the product to the Company is at the customer's responsibility and will be done by returning it to the Company at 4 Raul Wallenberg St., Tel Aviv, on Sundays through Thursdays, between 09:00 - 16:00.
   • Upon its receipt, the product will be checked by us, and after approval and subject to the above, a credit will be issued for that part of the transaction amount paid, minus a cancellation fee at a rate of 5% or NIS 100, whichever is lower, as well as minus the shipping fees which will not be returned to the customer. The credit will be made to the same payment method used for the transaction.
   • In the event of cancellation due to a defect or discrepancy between what is stated in the order confirmation and the supplied product, as well as in the event of non-delivery of the product after 30 days from the date of order confirmation / one of the ordered products is out of stock, one may request to return the product, and this within 14 days from receiving the order confirmation or receiving the product, whichever is later, and subject to returning the product, a financial credit will be given, provided that the product was returned in its original packaging (unopened), that no use was made of it, and that the product was not damaged. Alternatively, the customer may choose to order identical / other products instead of the products whose order was canceled as mentioned.
   • It is not possible to return a product or cancel a transaction without returning all items that were ordered and/or supplied as part of it, and it is not possible to split the return/replacement of products purchased as a package, set, or "bundle." Also, it is not possible to split the return / replacement of products purchased in combined transactions where a special discount and/or sale price applied (1+1, buy get, etc.). In such cases, one must choose between canceling the transaction in its entirety and returning all items purchased and/or supplied as part of it, or not canceling the transaction at all. To the extent that products were supplied as part of the transaction as a gift or another benefit, returning them together with the products is a condition for executing the cancellation / return and receiving the financial refund.
   • A person with a disability, a senior citizen, and a new immigrant (as defined by law) may cancel a transaction within four months from the date of its execution, from the day of receiving the product, or from the day of receiving the order confirmation, whichever is later, provided that the engagement in the transaction included a conversation between the customer and the Company (including through electronic communication). The Company may request a certificate proving that the person is a person with a disability, a senior citizen, or a new immigrant, as the case may be.
   • The right to cancel as stated above belongs solely to the customer who made the purchase (even if they ordered the product for another person and/or another person is the recipient of the shipment). In the event of cancellation of a transaction made with a discount / benefit / coupon, the amount that will be returned to the customer will be the amount actually paid after the discount / benefit / coupon was applied.
7. Transaction Cancellation by the Company
   • The Company reserves the right to stop at any time, at its sole discretion and without the need to notify the customer, the activity on the Site and/or cancel a purchase transaction made by a customer (in whole or in part), and/or not to approve an order for a customer and/or supply an order that has been approved (in whole or in part) and/or to block the customer's access to the Site and/or cancel engagement with them, including, but not limited to, in any of the following cases:

• In any case where these regulations, the Site's terms of use, or the "Privacy Policy" have been breached or an action has been taken contrary to them and/or in any case where the customer has performed an improper act on the Site and/or an act appearing to be illegal and/or contrary to the provisions of the law (including a real concern for the occurrence of any of these).
• If there is a concern that the consideration for the purchase will not be received and/or that the customer's payment method has been blocked and/or restricted for use and/or if the transaction was not approved by the credit card company and/or if a liquidator, temporary liquidator, receiver, special manager has been appointed for the customer, and/or if a liquidation order and/or a receivership order has been issued against them, and/or if a material attachment has been placed on part of their assets and/or any similar proceeding.
• In the event of a technical malfunction preventing the continued operation of the Site and/or if the credit card details and/or the full details of the customer were not received in the system and/or if it turns out that the customer provided incorrect details.
• If the customer has a financial debt to the Company or to companies connected with it and the debt was not paid despite the deadline for its payment having passed.
• If the product is out of stock after or before the purchase was made.
• In the event that there is a concern that the purchase is being made as part of a wholesale purchase and/or for the purpose of resale.
• In any event that due to force majeure, acts of war, hostility or terror, cyber sabotage, intentional or unintentional malfunction, faults, shutdowns, etc., the Company is unable, at its sole discretion, to properly manage the website and/or supply the customer with products purchased by them and/or fulfill any other obligation.
• In the event that any error occurred (including a typo) and/or any other malfunction occurred on the website, including during the offering of a product for sale, including, inter alia, an error in price, description and/or shipping details, etc.
  • It is clarified that in any such event, the Company shall have no liability for any damage of any kind whatsoever caused to the customer and/or anyone on their behalf and/or to any third party, and the Company shall have no obligation toward them, including, but not limited to, due to the purchase of the product from a third party at a higher price, etc.

8. Links on the Website
   • The website may include links to various pages, content, and websites on the Internet (including Israeli or foreign), which are not operated by the Company and/or are not under its control and/or supervision ("Link/s"). Viewing and using the content appearing in the links is subject to the terms of use and "Privacy Policy" prevalent on those sites, and it is clarified that the Company shall bear no responsibility for the links and/or the content existing therein, and a link to any site shall not be construed as a recommendation of that site or the Company's consent to its content. The Company may, at its sole discretion, remove any link from the website and/or refrain from adding new links and/or add additional links at any time.
   • The links are intended solely for the convenience and information of users, and the Company does not guarantee their reliability, currency, legality and/or the practice of the owners of said content in the field of privacy or in any other aspect. The Company is not responsible for maintaining copyrights or rights of third parties on the sites to which it enables linking from the website. Furthermore, the Company is not responsible for the content to which the links lead, and shall bear no liability for any damage caused as a result of using and/or relying on the links and/or said content.
   • Any transaction and/or engagement made following content and/or advertisements appearing on the website shall be performed at the user's sole responsibility, it being their sole responsibility to examine such content and/or advertisements, their nature, accuracy, and quality, and any other detail related to the product and/or service offered, including examining the full information appearing on the product packaging.
   • It is clarified that one may refer and link only to a page on the website "AS IS". One must ensure that the exact address of the linked page appears in the usual place designated for this in the user interface. One must not change and/or hide this address and must not replace it with any other address. Likewise, it is prohibited to link to content on the website in detachment from the web pages in which it is integrated.
9. Joining a Consumer Database

The website may allow joining the Company's customer database ("Customer Database"). Joining the Customer Database and using its services are subject to the website's terms of use, including the "Privacy Policy", as well as additional terms, as relevant and to the extent they exist. Upon registering for the database, the customer will be asked to provide personal details and also to provide their consent to use these details for the purpose of sending advertisements (including targeted advertising). The customer undertakes to provide only correct, accurate, and complete details. Providing incorrect details may prevent the ability to join the Customer Database and, if necessary, hinder contact with them.

10. Privacy and Data Security
    • During use of the website, information related to customers using the website is collected. Some of the information identifies them personally, i.e., by name, address, telephone number, age, gender, email, and any other personal information provided to us. This is the information that the customer provides knowingly and consensually, for example, when registering for the website or for services offered within it. Some of the information does not identify customers personally and is not kept combined with their details - anonymous information. Anonymous information is statistical and cumulative information kept in light of website usage. For example, information about advertisements that customers read on the website, the pages they viewed, the offers and services that interested them, the Internet address from which they accessed the website (IP Address), information about lifestyle or preferences such as hobbies and interests, as apparent from the pages they viewed, and more.
    • The information provided within the registration and/or that will accumulate and/or be collected about customers due to the use of the website (including in "guest" mode) and the Company's services, will be kept and used in accordance with what is detailed in the "Privacy Policy", and among other things, for operational, marketing, research or statistical needs, for providing service to customers, managing a customer club, managing sales, marketing and recruiting customers, sending messages regarding surveys, benefits and updates, direct mail, sending marketing and promotional information, campaigns and sales promotions, including regarding the Company's products, services and brands and/or third parties with whom the Company has collaborations, and/or other products or services (whether information that the Company will publish itself or information that will be received for shipment from other advertisers), as well as for the purpose of providing instructions and/or help related to the website and/or the Company's services and products; and all this via email, SMS, WhatsApp, Push notifications, Facebook and other social networks and similar technologies (whether existing or future), telephone and/or other communication methods and/or media means. Know that you are not required by law to provide us with information, and that its transfer to the Company is done at your sole responsibility, voluntarily and with your consent, and you will have no claim and/or lawsuit against the Company on this matter.
    • The Company may use information provided by customers and/or collected about them, also in order to improve and enrich the services and content offered on the website, including creating new services and content that match the customers' requirements on the website and their expectations, in order to change or cancel existing services and content, and also in order to adapt approaches to customers (advertisements, mailings, etc.) to their characteristics and areas of interest. The information that the Company will use for this purpose will not identify the customer personally by name or address and it will mostly be statistical information.
    • The Company will not transfer to third parties the personal details and information collected about customers on the website (to the extent that this information identifies them personally), except in cases detailed below: (a) in the event of a breach of the website's terms of use, including the "Privacy Policy" terms and/or if the customer performs via the website, or in connection with it, actions contrary to the law, the provisions of the terms of use or the "Privacy Policy", or an attempt to perform any of these; (b) in the event of a claim, demand, lawsuit and any legal dispute, to the extent they exist, between the customer and the Company and/or anyone on its behalf; (c) according to a legal requirement and/or if a judicial order is received instructing the Company to provide the customer's details or information about them; (d) in any case where the Company believes that providing the information is necessary to prevent serious harm to the body and/or property of the customer, the Company or a third party, and/or in order to prevent other serious damage at its sole discretion; (e) if the Company sells or transfers in any form the website's activity to any corporation - and also in the event that it merges with another body or merges the website's activity with the activity of a third party, provided that this corporation assumes toward the customers these provisions; (f) within the framework of collaborations with companies commercially related to the Company, including product suppliers and/or to the extent required in order to complete purchase actions performed by the customer on the website (including credit card companies); (g) to the extent required for the proper supply of the website's services and also for management and control of the website, including via research and surveys conducted by third parties for the Company and in connection with the website; (h) in any case or method of communication where express consent of the customer is given for providing the information.
    • It is clarified that upon entering your details on the website, you give your consent to the Company to send you advertising materials by the means enumerated in the law, including via email, SMS, WhatsApp, Push notifications, Facebook and other social networks and similar technologies (whether existing or future), by telephone and/or other communication methods and/or media, both during your period of use of the website and thereafter and after the termination of your agreement with the Company. It is clarified that in accordance with the law, you can withdraw your consent to receive such approaches and/or mailings, by sending a removal request to the designated email address support@freskincare.com (or to any other email address designated for this, as will be published from time to time), or in other and/or additional ways, if and to the extent they appear in messages that will be sent to you.
    • The Company (and third-party factors that may provide service on its behalf), use and/or may use "Cookies" and other tools (such as online analytics tools) and measurement pixels (including - pixel tags, tags, web beacons), for the ongoing and proper operation of the website, including in order to collect statistical data about usage of the website, to verify details, to adapt the website to the personal preferences of each customer, for the purpose of adapting tailored advertisements (including on other websites), and for data security needs. Modern browsers include an option to avoid receiving Cookies so that if a customer wishes to avoid receiving them as stated, they will be able to do so by changing the browser setting. A customer who does not know how to do so will be able to check this in the help file of the browser they are using. However, every customer should be aware that disabling the option to receive Cookies may cause the customer to be unable to use some of the services and capabilities on the website. Also, you can delete Cookies files at any moment from the end device you are using. It is suggested that you do so only if you do not want the website to be adapted to your preferences.
    • Despite the efforts taken by the Company, it cannot absolutely guarantee the prevention of unauthorized access to information stored in its information systems. Therefore, the Company cannot guarantee that the website and/or its use will be conducted without any interruption and/or that the website and/or its use and/or the information collected within it will be absolutely immune from unauthorized access and/or intrusion, and it is known to the customer that the Company shall bear no responsibility whatsoever for any damage and/or loss, of any kind, caused due to use of the website and/or services associated with it and/or content stored in the Company's information systems, including due to privacy infringement.
11. Copyright and Intellectual Property
    • The intellectual property rights in connection with the website, including the website name, and the software and information stored and displayed on it, of any kind and type, and including trademarks, patents, designs, trade secrets, the way the website is presented and its design, the databases on it, the website's computer code, the Domain and any other detail related to the website and its operation are the exclusive property of the Company. It is prohibited to make any use of these elements, without receiving prior written consent from the Company.
    • It is prohibited to copy, duplicate, publish, distribute, broadcast, display, perform, issue a license, create derivative works, sell, market and translate all types of texts and/or codes and/or images and/or trademarks and/or any other information and/or content appearing on the website, unless approval for this has been received in advance and in writing from the Company. Likewise, it is prohibited to use or allow others to use content published on the website for any commercial or other purpose, which is not personal and private use.
    • Intellectual property rights in connection with products published on the website on behalf of advertisers and/or third parties who have permitted the Company to publish information and/or such rights are the exclusive property of the advertisers and/or third parties and no use should be made of them without receiving prior written consent from the Company and/or those advertisers and/or third parties.
    • It is prohibited to make any commercial or other use of the information and/or data published on the website, in the website database, in the products, images and product lists appearing on it or in other details without receiving the Company's consent in advance, expressly and in writing, and no action should be taken that may infringe the property rights of the Company, of any kind.
    • It is prohibited to operate and/or allow the operation of any computer application or any other means, including Crawlers, Robots etc., for the purpose of searching, scanning, copying or automatic retrieval of website content. It is prohibited to display content from the website in any way whatsoever, via any software and/or device and/or accessory and/or other media means, including within a frame (iframe) visible or hidden, that change and/or detract from the website's design and/or from the text existing on it and/or from the content appearing on it (including marketing and/or commercial content), anything whatsoever, without receiving the express consent of the Company, in writing and in advance.
12. Liability
    • The Company and/or anyone on its behalf are not responsible for any damage and/or loss whatsoever that will be caused to the customer and/or any other third party as a result of use and/or purchase on the website, including for any damage and/or loss whatsoever that will be caused to the customer and/or any other third party due to an error they made in typing data, including an error in typing the order address and/or an error in typing credit card details and/or an error in typing the number of units ordered, an error in typing the type of product ordered, etc.
    • The Company and/or anyone on its behalf are not responsible in anything related to delays and/or for the shipping company which is a third party not related to the Company, including regarding delays and/or malfunctions in supply of the shipment whose source is the customer and/or the shipping company, a delay due to difficulty contacting the customer during accepted working hours, etc. Such a delay will not be considered a breach of the Company's obligation.
    • The website is provided for use on an "AS IS" basis, and the user shall have no claim, lawsuit or demand against the website and/or the Company regarding the website's characteristics, its limitations or its suitability for their needs and requirements, as well as regarding information and content appearing on the website originating from third parties, and the Company shall have no responsibility in connection therewith. Likewise, the Company and/or anyone on its behalf shall not bear direct and/or indirect responsibility, for errors, inaccuracies, omissions, defects, etc., in connection with use of the website, and shall not be responsible for software, hardware damages, or any other damage, direct and/or indirect, as a result of using the website and/or as a result of the information displayed on it and/or due to any prevention from accessing or using the website, including damages that may be caused by viruses.
    • Use of the website and its content is at the customer's sole and full responsibility. No claim of any kind shall be heard against the Company and/or anyone on its behalf for loss, damage or harm arising from reliance on or use of information displayed on the website.
    • The Company and/or anyone on its behalf shall not bear any responsibility for damage that will be caused to the customer and/or any third party, directly or indirectly, due to any of the following cases - delay in the delivery date and/or from the fact that defective or faulty products were supplied (unless the defect or spoilage stemmed from the Company's negligence); non-supply of a product that was ordered, and/or due to the expiration date indicated on the product supplied (provided that said expiration date is in a reasonable timeframe after the day of receipt of the product, and this is in accordance with the sole discretion of the Company); disturbances, malfunctions, viruses or any other factor which may disturb or impair the website's services and/or cause any damages and/or damages that will be caused to the computer system and/or infrastructure of the customer and/or loss of information or any other damage arising from use of the website, including in the event that a third party manages to penetrate information in the Company's systems or use it unauthorizedly.
    • For the removal of doubt, it is clarified that the Company's liability shall be limited in any case to the amount of the product only.
    • The content displayed on the website is general and is not intended to provide professional advice. The content displayed does not constitute an offer for sale or an attempt to convince to purchase any product. It is suggested to the customer to perform by themselves all their assessments and checks regarding the product they wish to purchase, and in any case the customer waives any claim and/or lawsuit on the matter.
    • The user of the website undertakes to indemnify and compensate the Company and/or anyone on its behalf, immediately upon receipt of a first demand, for any damage, loss, loss of profit, payment and/or expense that will be caused to them, arising from breach of these regulations and/or arising from an act and/or omission of the customer, including for any claim and/or lawsuit that will be raised by any third party as a result of the customer's use of the website.
13. Changes to the Website
    • The Company is permitted from time to time at its sole discretion to adapt and/or update and/or improve and/or change the website's activity, the content and services included in it, the website structure, its appearance, the scope and availability of the services and/or content provided within it, as well as any other aspect related to the website, all or part of them, temporarily or permanently, and all according to its sole discretion and without needing to notify the users of this in advance.
    • Likewise, the Company reserves its right to limit and/or block certain content and/or access to website services and/or the services provided on the website, all or part of them, and also to terminate the website's activity and remove it from the Internet network. Such actions may involve deleting all the information stored on the website and/or in the Company's information systems.
14. Miscellaneous
    • These regulations together with the website's "Privacy Policy" constitute the entire legal agreement between the user and the Company regarding use of the website, and they replace any other prior agreement, to the extent one exists, between the user and the Company regarding use of the website. In the event of a contradiction between the provisions of these regulations and other publications, the provisions of these regulations shall prevail. In the event of a contradiction between the provisions of these regulations and the provisions of the "Privacy Policy" on the website, the provisions of the "Privacy Policy" shall prevail.
    • It is prohibited to make any use of the website for purposes that are not legal and/or that are contrary to these regulations and/or in an attempt to deceive others and/or to grant a competitive advantage to another and/or to infringe any other right of any person and/or body and/or in any other way that may cause damage to the Company, the website and/or other customers of the Company. Furthermore, it is prohibited to link between the website and any other site that contains pornographic content, content that encourages racism, discrimination or any other content that is contrary to the provisions of any law and encourages violation of the law. It is prohibited to collect, download or copy in any way lists of customers or other information about customers, and it is prohibited to use such information or transfer it to any person or body.
    • The Company reserves for itself the exclusive right to block an account and/or terminate immediately the customer's use of the website, at any time that the customer breached the terms of use and/or any law and/or other provision and/or if the Company decides that the customer performed unreasonable or improper use of the website and/or for any other reason that the Company sees fit, at its sole discretion. In these cases, the Company and/or anyone on its behalf shall not be responsible for any loss and/or expense and/or damage including emotional distress that will be caused (if they will be caused) to the customer. The Company also reserves for itself the right to remove any content or cancel any action that was performed by a customer and which constitutes a breach of the terms of these regulations or in general.
    • The term "content" includes information of any kind and type, including any verbal, visual, auditory content or any combination of them, and also their design, processing, editing, distribution and way of presentation including (but not limited to): any image, photograph, illustration, animation, chart, character, simulation, video, sound file and music file; any software, file, computer code, application, protocol, database and interface, and also any character, sign, symbol and icon.
    • All records and documentation that will be accumulated at the Company and/or anyone on its behalf in connection with the customer's use of the website, will serve as prima facie evidence of their existence and correctness.
    • It is clarified that refraining from action in the event or events of breach or breaches of the provisions of these regulations by the customer or other customers, shall not be considered as consent or as a waiver on the part of the Company of rights and no comparison shall be learned from them regarding similar cases or regarding other cases.
    • The laws of the State of Israel alone shall apply to these regulations and the jurisdiction for anything and everything related to these regulations and/or arising from them, is granted exclusively to the competent court in Tel Aviv-Jaffa, while excluding the jurisdiction from any other court.
    • If a competent court determines that a condition from the conditions of these regulations is not valid, or cannot be enforced by virtue of the provisions of the relevant laws, then this condition shall be removed without affecting the validity of the rest of the conditions in these regulations.