Terms and Privacy Policy

1.1. You may use the Website and Services in accordance with and subject to these Terms of Use. The Company reserves the right to suspend, terminate or refuse to provide the Website and/or Services at its sole discretion and without prior notice. The Company is not responsible for any
damage resulting from any change, suspension or termination of the Website and/or Services.

1.2. Any use of the Website and/or Services and the access to such will be cancelled and/or considered void to the extent such use or access is prohibited by any law, regulation or any other undertaking. You represent and warrant that (a) all the information provided in the registration process is true, complete and accurate; (b) you will ensure the accuracy and correctness of such information; (c) you are responsible for remembering and saving the username and password for the Website; (d) you will immediately notify the Company of any unauthorized use of your account or password; (e) you are eighteen (18) years of age and older and you are fit to enter into a binding contract; (f) your use of the Website and/or the Services does not violate any law or regulation or any liability you have to a third party; and (g) your use of the Website and/or Services will be in accordance with these Terms of Use and any law.

1.3. You may disclose personal information during the use of the Website and/or the Services. Any use of such personal information by the Company will be subject to the provisions of the Privacy Policy. You acknowledge that by providing such personal information, including without limitation, your contact information, you represent that you are aware of the risks involved, and you hereby release the Company from any liability in this matter.

2. Creating an account

2.1. You must open a user account to use the Services. To create an account, you will be asked to provide the Company with some information about you, including your credit card information, which the Company will forward to a third party clearing house. The Company may change the registration process at its discretion.

2.2. You are solely and fully responsible for the safety of your computer and/or mobile phone and/or any other device and for the activity in your account, even if such activity is not performed by you. The Company will not be liable for any loss and/or damage resulting from unauthorized use of your account or password. You undertake to indemnify and compensate the Company for any improper or illegal use of your account and for any accrued debt or applicable tax in connection with such, unless you have informed the Company at marketing@avacoffee.com of unauthorized use and/or access into your account and asked to block your account. The Company may refuse to sign you up for the Services and/or terminate your account for any reason and at its sole discretion.

3. Closing an account

3.1. You confirm that you are aware that the Company may, for any reason, at its sole and absolute discretion and without notice, block the access to your account and remove any content related to such. The reasons for such action may be, but are not limited to, the following: (1) a breach of these Terms of Use; (2) a long period of inactivity; (3) conduct that is fraudulent or offensive or harassing; (4) conduct that is harmful to other users, third parties, the ethos of the Website or the Company’s business affairs; (5) malicious attempts to cause the Company harm by publishing negative reviews and/or publications; (6) rejected and/or deferred payment subject to the terms set out in these Terms of Use. Upon suspension or termination of your account, you will not have access to the content that was available to you through your account and you may not subscribe again without the Company’s express permission.

3.2. If the Company believes, at its sole discretion, that a breach of these Terms of Use has occurred or that any illegal or improper conduct has occurred, it may take any action it deems fit. The Company reserves the right to investigate any suspected infringement of these Terms of Use or illegal or improper conduct in connection with the Website and/or the Services. The Company will cooperate with any investigation carried out by law enforcement agencies or any court order requiring or directing it to disclose the identity, conduct or content of any user who is suspected of taking actions that appear to be against the law. Any termination or suspension of your account will not affect your obligations to the Company under these Terms of Use (including indemnity rights and all your representations and the liability limit) which, by their nature and if applicable, are intended to survive such termination or suspension.

3.3. You may request that the Company close your account at any time and for any reason by sending a message to marketing@avacoffee.com. The Company will close your account as soon as possible after receiving your request. The Privacy Policy prescribes how your information is handled after you close your account.

4. Order, delivery and payment

4.1. Subject to these Terms of Use, as part of the Services and subject to creating an account on the Website, you may purchase a variety of coffee-related products (“Products”) through the Website, and have them delivered to you or schedule a time to pick them up from the Company’s factory store (as defined below) (“Order”) and view your purchase history. The Services may include additional services. You may choose whether to use such additional services.

4.2. When placing your order, you will be asked to specify one of the following on the Order Form: (a) a shipping destination, subject to an additional shipping fee listed on the Website (“Shipping Fee”), as updated from time to time, or (b) pick-up from the Company’s factory store located at 34 Hakitor Street in Haifa (the “factory store”). There is no Shipping Fee for products delivered to the factory store.

4.3. Products will be delivered by a shipping company and shipped within three business days of placing the Order. The timetable listed above is estimated and will began on the date of order confirmation by the credit card company. It is clarified that there may be delays in delivery that are dependent on third parties under the control of the Company, and the Company will not be liable for any delay in delivery for any reason that is not under its control.

4.4. The Company is not responsible for any Order that did not reach its destination for reasons under your control, including incorrect and/or inaccurate information provided by you on the Order Form and/or because you were not present at the address you provided on the specified date and/or because you refused to accept the Order. The Company is not obligated to reship the Order in the cases stated in this section. In cases in which the Products are returned to the Company (for reasons other than a mistake in delivery made by the Company), the user will be charged shipping and handling fees.

4.5. After completing the ordering process, the credit card associated with your user account will be charged. Payments made with an expired credit card or one with an incorrect number or the amount of the debit exceeds the approved credit limit will not be accepted, and the Company may, at its sole discretion, limit your account accordingly. Without derogating from the above and in the event that such payment has been made, the Company reserves the right to charge any payment or commission that has not been received in full. In addition, you will have to pay the Company for any cost and/or damage incurred by it as part of its effort to collect unpaid payments, including attorney’s fees and collection expenses. A transaction will not be completed before the payment has been received in full and you have received a confirmation email at the address associated with your account.

4.6. You acknowledge that completing the Order depends on the availability of the Product in stock at the time the Order was placed. It is clarified that where a Product appeared to be in stock on the Website, when in fact it is not available and cannot be delivered, the order will be cancelled and you will have no claim against the Company in this regard and the Company will refund any amount you paid for such product, if any.

5. Return policy

5.1. You may cancel your Order subject to or in accordance with the provisions of the Consumer Protection Law, 5741-1981 or alternatively, exchange the Product for a comparable alternative product or receive a monetary credit, as set out below:

5.1.1. You may cancel the transaction by returning the Product to the Company or to the factory store at 34 Hakitor St., Haifa 2624774. You are responsible for paying all the shipping fees involved in such return.

5.1.2. For the avoidance of any doubt, and without derogating from the above, the transaction may be cancelled as of the date of order confirmation even if the Product(s) have not been delivered yet. A Product may be returned for a full refund by sending it back to the Company or by bringing it to the factory store, within 14 days (not business days) from the date of delivery. A refund will be provided as long as confirmation of payment is attached to the package (also used as an exchange note), and the Product is returned in its original packaging, unused and without any marks, and after presenting an ID, at the discretion of the Company’s representatives. Cancellation as specified in this section will bear a cancellation fee at the rate of 5% of the price of the Product or ILS 100, whichever is lower. Subject to the above, the refund will be credited to the credit card with which the Order was placed.

6. Content. Different types of content may be made available to you through the Website and/or the Services including images, pricing, descriptions, information, recommendations and any other material related to and/or arising from the above. Any Content displayed and/or added to the Website and/or Services shall be referred to as “Content.”

7. Restrictions. Excluding any use expressly permitted under these Terms of Use, it is prohibited to make or approve and/or allow any third party to make changes to the Website and/or the Services. You represent and warrant that you and/or anyone on your behalf will not do any of the following: (1) change, edit, copy, extract information, adapt, grant a secondary license, translate, sell, perform any actions of reverse engineering, disassemble or reconstruct any of the code segments that make up the Website, including the information base, as well as any of such actions in connection with hardware and software used for the Services; (2) try to thwart, obstruct, prevent or interrupt in any way the qualities involved in the security of the Website and/or the Services or the qualities that prevent or restrict the use of such; (3) place the Website, or any part thereof, within another site and/or make any commercial use, without the prior written consent of the Company; (4) use any robot, retrieval and search engine, or any other automated or manual tool designed to index, locate and retrieve information from the Website or any such tool designed to expose the database and code structure of the Website; (5) impersonate any person or body, including a representative of the Company and/or provide a false description or misrepresentation of any connection with any person or body and/or upload, transfer, send or transmit any false and misleading material and/or material intended to mislead a user or body or use another user’s account or password without obtaining their prior written consent; (6) collect or store personal information of other users for financial or illegal purposes or distribute spam to the servers of the Website and/or users of the Website and/or the Service; or (7) use the Website and/or the Services in a manner prohibited by these Terms of Use and/or any law.

8. Intellectual property. The Website, the Services and all data and information available on the Site and/or via the Services are the property of the Company or of other third parties that have permitted the Company to use it and the information or Services shall not confer any license or rights in the intellectual property of the Company or any third party, as the case may be. The Company owns the copyrights of the Website and the concept underlying the Website and/or the Services, including the trademarks, its design and any other action in the Website and/or the Company’s unique and exclusive services. The Content of the Website or any part thereof may not be copied or published and/or used in any manner, including any commercial use, without the Company’s prior written consent. Additionally, no changes can be made to the Website and/or the Services, and the Website and/or the Services or any part thereof may not be modified, copied, distributed, transmitted, publicly displayed, reproduced, published or disclosed to any third party without the Company’s prior written consent.

9. Liability limit

9.1. The Company is not liable for any discrepancy, deficiency, deception or mistake in regards to the information or in connection with the nature or suitability or description of the Products. The Company is not liable for any damage caused, directly or indirectly, by the use of the Website and/or the Services or any delay in delivery or for the Products delivered being defective, broken or damaged, unless such deficiency is a result of the Company’s negligence. Notwithstanding the following, in such case, the Company’s liability is limited to the amount equal to the price of the Order.

9.2. You represent and warrant that you are aware and agree that any use of the Website and/or Services and/or Products is at your own risk. Any use of the Website, Services and/or Content is provided to you as is, in accordance with the Company’s decision and without any warranty of any kind.

9.3. You will have no demand or claim against the Company with respect to these Terms of Use and/or the Website and/or Services, their capabilities, limitations, or suitability to your needs. Any reliance on the Content is at your own risk and the Company shall bear no express or implied liability with respect to the accuracy, reliability, timeliness, quality, completeness, usefulness, safety or performance of the Website, the Content and/or the Services and any information available via the Website, the Content and/or the Services shall be free of mistakes or such mistakes will be rectified.

9.4. The Company disclaims any obligation of any kind, whether express, implied or under any law, and does not warrant that the Website and/or the Services will be provided in an orderly or uninterrupted manner, are of high quality, conducted safely or free of any mistake and/or interruption or safe from unauthorized access to the Company’s computers and/or software, or from damages, malfunctions, breakdowns or failures, including in regards to hardware, software, communication lines and systems of the Company or its suppliers or yours, and you will have no claim against the Company in connection with such. You are aware that the service may or may not be available in the future due to maintenance, upgrading or any other reason.

9.5. To the extent that you are undercharged or overcharged because of the Company’s billing error, you will receive a return or be charged for such difference.

9.6. The Company, its executives, officers, employees, agents and shareholders are in no way liable to you or to any third party for any loss, damage or compensation, including without limitation, general, incidental, consequential, secondary, indirect, direct, punitive or special damage or compensation (including but not limited to loss of database, software loss, alternative service expenses, invasion of privacy or interruption of the service) arising from these Terms of Use, the use or inability to use the Website and/or the Services, the Content and/or in connection therewith, the purchase and/or use of the Products, the purchase of Services, the execution of a transaction, shipping, unauthorized use of the Website, any change in the information provided by you, including damages resulting from loss of profits, use and loss of information and other intangible assets, even if the Company has been notified of the possibility of such losses. The Company’s total liability under any of these Terms of Use shall not exceed the amount you paid the Company for the use of the Services during the three (3) month period prior to the relevant claim.

10. Indemnity. You undertake that you are responsible for any direct or indirect outcome arising from the use of the Website and/or the Services and you agree to indemnify the Company, its employees, its managers or anyone on its behalf for any claim, demand, loss, loss of profit, payment, expense or damage, including attorney’s fees and legal fees (including of third parties) as a result of: (a) any breach of these Terms of Use by you or by any user of your computer or device or account; (b) the use or attempt to use the Website and/or the Services; (c) a violation of any right (including intellectual property) of the Company and/or any third party; (d) a breach of any of your representations and warranties in these Terms of Use, and (e) any other matter for which you are liable under any law.

11. Miscellaneous. These Terms of Use are governed solely by the laws of the State of Israel. The competent courts of the Tel Aviv-Jaffa district shall have exclusive jurisdiction over any matter relating to these Terms of Use and the use of the Website and/or Services. To the extent that any provision of these Terms of Use is declared invalid or unenforceable by a competent court, such provision shall be deemed to have been replaced by a valid, enforceable provision, the content of which is the closest in meaning and intent to the original provision and the remaining provisions will remain in effect. Nothing in this Agreement creates any agency, employment, joint venture or partnership relationship between you and the Company or authorizes you to act on behalf of the Company. These Terms of Use reflect the complete agreement between the parties with respect to the terms of use of the Website and the relationship between the parties and shall supersede any prior oral or written agreement or undertaking. The Company may assign or transfer its rights and obligations under these Terms of Use or any part thereof to any third party at its sole discretion. You may not assign or transfer your rights and obligations under these Terms of Use or any part thereof and any attempt of such an assignment shall be considered cancelled and void. There is no and will be no employee-employer relationship between the parties, nor a relationship of agency or partnership, for any purpose. If we need to contact you, you agree that we may do so using any address known to us, including by e-mail.

Last update: July 2019