Website Terms and Conditions

Website Terms and Conditions for “Shaga”

1. Purpose of the Website –

The “Shaga” website (hereinafter: “the Website”) is an online commerce site for the sale and marketing of handmade artworks. The Website owner is authorized to add services and/or products with free or paid access at her discretion.

2. Definitions –

User/Browser – any person or legal entity browsing/visiting the Website.
Website Owner – Sharon Germa, Book Art, ID Number: 021650536
whose email address is [email protected] Phone: 052-6696945
Address: HaRav Halperin Mordechai 5, Herzliya
The Website – shaga.co.il
The Terms – this document with all its provisions and sections.

3. General–

These terms include, among other things, terms of use, provisions regarding privacy protection, and provisions regarding intellectual property protection. Please read all terms of use carefully. If you do not agree to one or more of the provisions of the terms, please refrain from using the Website.
The user agrees, by the act of entering and browsing the Website, to all provisions of the terms.
The user declares that they are over 18 years old, and if under 18, declares that browsing the Website is done with the consent of their guardian as required by law.
Purchase of products and/or services on the Website is permitted from age 18, or with the consent of the minor’s guardian as required by law.
The terms are written in masculine form but are intended for all genders.
It is clarified and emphasized that these terms in their entirety will bind every user who uses the Website.
The terms apply to and bind every person who uses the Website, views it, and/or performs any other action on it, on any device and any media, and without geographic limitation.
In case of contradiction between the provisions of the terms and the provisions of other agreements and/or provisions of other publications relating to the Website, the terms shall prevail.

4.Privacy– The Website owner respects user privacy and operates according to all applicable laws. To read the complete privacy policy, please go to the “Privacy Policy” link.

5. Intellectual Property –
5.1. The Website owner treats copyright infringement seriously and gravely. The Website owner strictly enforces her rights by all legal means available to her.
5.2. The intellectual property on the Website – including but not limited to – trademarks, drawings, copyrights, designs, logos, databases, domain name, texts, images, graphics, trade secrets, business information, and/or any other intellectual property/asset, belong to the Website owner or to a third party who authorized their use or display on the Website, unless otherwise stated. If you identify an infringement, please contact by email [email protected] and the Website owner will investigate and handle the matter within a reasonable time from receipt of the inquiry.
5.3. It is clarified that the Website owner is the creator and exclusive and unique rights holder of all artworks sold and marketed on the Website. Upon purchase, the buyer receives a license for personal-private use of the artworks only. They may not distribute, market, publish, make them available to the public, create derivative works, and/or perform any action permitted to the rights holder by law.
5.4. The Website user does not have permission or authorization to make commercial use of the intellectual property on the Website, and/or any use contrary to the provisions of the terms, unless they receive written permission from the Website owner.
5.5. The Website name and/or domain name, or its content may not be used in any way that could mislead, harm reputation, create passing off and/or deception, or in any other way that could cause financial or other damage to the Website owners and/or third parties.
5.6. The Website may contain hyperlinks that direct to external websites (hereinafter ‘external websites’) that are not owned by or controlled by the Website owner. The intellectual property on external websites is owned by third parties and the Website owner has no rights to them. The mere embedding of links on the Website does not permit or authorize any action whatsoever regarding intellectual property assets on external websites. If you found the websites to which the links direct offensive or as violating the law, please notify the Website owner immediately at [email protected] and she will act to investigate and handle the complaint.
5.7. Additionally, direct advertisements may appear on the Website originating from companies and/or businesses not owned by and/or the responsibility of the Website owner. The Website owner has no responsibility regarding the content of such advertisements. If you encountered an offensive advertisement and/or an advertisement that violates the law, please contact [email protected] with a request to remove the advertisement.

6. Website Availability – The Website owner makes every effort to ensure the Website operates properly and is available for continuous browsing. However, there is no commitment that the Website will operate at all times. There may be disruptions in availability/viewing/browsing the Website that may result from website updates and/or infrastructure work, and/or problems with the user’s personal computer, their internet provider, external server, or their browsing infrastructure. There may also be malfunctions resulting from the Website’s hosting service, hacking, or other factors. The Website owner will try to notify in advance about planned browsing disruptions but is not obligated to do so. The Website owner reserves the right to stop, disable, or change the Website’s operation without prior notice.

7. Liability Disclaimer Provisions –
7.1. The Website is hosted on a server secured by an external company. The Website owner is not responsible for damage caused as a result of external hacking of the Website – including – distribution/sale of information as a result of hacking the Website, information disruption, infringement of copyrights or other intellectual property, or any other damage caused as a result of sabotage to the Website and its content.
7.2. The Website owner is not responsible for the content of external advertisements (images/links) that may appear/be embedded on the Website or for content/information appearing on websites to which the links lead. The Website owner and/or anyone on their behalf does not supervise or check all content on websites to which links direct.
7.3. If you encountered an offensive advertisement/link and/or offensive image and/or one that directs to a website with offensive content and/or content uploaded by users that violates the terms provisions, please notify the Website owner by email [email protected] and she will act to handle the matter as soon as possible.
7.4. The Website owner publishes on the Website from time to time publications, content, shares professional knowledge, etc. (hereinafter “Publications”). The content in publications is solely the opinion of the Website owner and for overview, enrichment, and marketing purposes only. The publications should not be seen as professional advice, and/or recommendations, and/or instructions and do not constitute a substitute for these and should not be relied upon as such. Additionally, there may be errors and/or inaccuracies on the Website resulting from good faith, and/or a situation where content in a publication is not current. The Website owner will not be liable for any damage caused to the user due to reliance on what is stated in a publication and will not be obligated to the user for such reliance.
7.5. The images of artworks on the Website are for illustration purposes only. Each artwork is one of a kind and therefore there may be minor changes and differences between the artworks as they appear on the Website.
7.6. The user and/or buyer on the Website is aware that the Website owner uses a used book as raw material in her creation and therefore there may be small peeling and/or wrinkles in the book cover. The buyer will have no claims regarding peeling and/or wrinkles in the artwork.
7.7. The Website owner is not responsible for any defect, wear, change, or damage caused to the product after its delivery to the customer, for any reason whatsoever, including use, storage, exposure to environmental conditions, or any other factor.
7.8. If any jurisdiction does not allow exclusions or limitations as stated above, the exclusions and limitations mentioned above will not apply in full, but only to the maximum extent permitted under applicable law.
7.9. Force Majeure – In case the Website owner cannot fulfill one or more of her obligations to the user due to force majeure, the fulfillment date will be postponed to another date to be determined by the parties. Force majeure in this agreement is – a security incident, strike, natural disasters, epidemics and diseases such as Corona, and/or constraints due to health conditions. If the Website owner’s services cannot be postponed to an alternative date, this will not be considered a breach, and the user will not be entitled to make any claim and/or come with any demand whatsoever against the Website owner.
7.10. Limitation of Liability by the Website Owner – In any case where it is determined by a competent authority according to law that the Website owner is liable for compensation, it is hereby agreed that the Website owner’s liability, to the user and/or to any third party, will be limited to the consideration she received from the user-buyer at most. For the avoidance of doubt, it is clarified that the Website owner’s liability is limited to direct damages only, and will not apply to indirect damages such as loss of profit, damage to reputation, loss of customers, etc.

8. Prohibition of Harming the Website –
8.1. No action may be performed directly or through a third party that could harm the Website, its browsing availability, or the content displayed on it, or disrupt its operation. Software code or any electronic/digital and/or other automatic action including – virus and/or ‘worm’ and/or ‘bot’ may not be used for the purpose of harming the Website as stated.
8.2. No action may be performed that could disrupt and/or burden the proper operation of the Website owner’s computers and servers.
8.3. No action may be performed that could delete and/or disrupt and/or cause a change in the Website owner’s information.
8.4. Computer materials and/or information belonging to the Website owner may not be penetrated.
8.5. The user and/or third party is prohibited from performing any action intended to use the Website and/or its content for commercial purposes and/or for machine learning purposes and/or for any other purpose, without receiving permission from the Website owner. In this section ‘Website content’ – text content, images, designs, graphics, video and/or sound clips, and/or users’ personal details, statistical information about user activity, software code.
8.6. The Website owner is entitled at her discretion to block and/or restrict access to any Website user who violated one or more of the provisions of these terms. A user who has been blocked and/or whose access has been restricted will have no right to compensation and/or indemnification from the Website owner.

9. User Responsibility –
9.1. The user alone is responsible for any damage caused as a result of violating the terms provisions.
9.2. Without derogating from the provisions of any other section, the user shall indemnify the Website owner for any damage, financial or otherwise, and/or any claim or demand of any third party caused as a result of any of the following: (1) violation of one or more of the terms provisions (2) use of the Website and/or content not in accordance with these terms; (3) the user’s violation of any third-party right, including (but not limited to), intellectual property rights or the right to privacy; (4) any damage of any kind, whether direct, indirect, special, or consequential damage, caused to a third party related to their use of the Website or content. Without derogating from the above, the user will also bear legal expenses, attorney’s fees, and/or other professionals, and/or other expenses related to the damage caused, as a result of all the reasons listed above.

10.Updates and Changes –
10.1. The Website owner reserves the right to update the Website terms from time to time as needed.
10.2. The Website owner will not be obligated to update users about changes to the terms of use, however, before material changes, the Website owner will publish a notice about it on the Website.
10.3. The changes will take effect from the moment of change/update, and the new version will be the one binding on users.

11. Jurisdiction – The law applicable to any dispute or controversy regarding these terms will be Israeli law and the exclusive and unique jurisdiction in any matter relating to these terms of use will be with the court having subject matter jurisdiction in Herzliya.

12. Customer Service – For any inquiry, complaint investigation, or question, Website customers are invited to contact the Website’s customer service via email – [email protected]

13. Terms for Purchasing Products and Services from the Website –
Purchase of products through the Website is subject to the provisions of the terms. The Website owner is entitled to update product prices and/or shipping costs from time to time, and also to turn free services into paid services. Updated prices will appear on the Website. The Website owner is entitled to announce cessation of sales at any time without prior notice. The user is aware that given the nature of the Website’s activity, a typographical error may occur in the product price or description. In cases where the Website owner sees that the mismatch stems from good faith, the buyer will bear the full price of the product. The buyer declares that they are purchasing the Website’s products for personal and not commercial use. Resale of products and/or their marketing is prohibited. Also prohibited is any commercial and/or other marketing use of the products, unless permission has been received from the Website owner. The prices appearing on the Website are final. Performing the purchase action on the Website constitutes an offer only, and the Website owner must receive and approve the offer.

14. Purchase Process –

14.1. Purchase on the Website is made through Visa, Isracard, MasterCard credit cards, as well as Google Pay, Apple Pay, BIT. The transaction is subject to approval by credit card companies. The Website owner is entitled to change, add, or remove payment methods and/or means for any reason and without prior notice.

14.2. The buyer declares that they are the owner of the payment method, or that they received permission to use the card or payment method from its owner.

14.3. Purchase method:

The buyer will mark and select the products they wish to purchase. The buyer will enter identifying details, contact details, and credit details (or other payment method chosen). The buyer will confirm the correctness of the details and confirm that they have read the Website terms. Transaction approval will take place after receiving approval from the credit card company regarding the charge. The buyer will mark whether they want product delivery or self-pickup. The buyer undertakes to enter complete, accurate, and up-to-date details. It is hereby clarified that the buyer’s credit details are not stored with the Website owner. Credit card details will be processed and/or stored by the payment processing company only.

15. Supply and Shipments –

15.1. Delivery Times –

Preparation of 3D books – up to 4 business days.
Preparation of Shadow books – up to 15 business days.
Preparation of Art Decor – preparation time varies according to the artwork. Contact us to clarify preparation time for a specific artwork. After completion of order preparation, the order will be shipped and arrive at the customer’s home within 3 business days from the shipping date.
Preparation time is calculated from the moment of order and payment confirmation, unless otherwise stated. In exceptional cases of delay in order preparation, notification will be provided to the buyer.
Total delivery times (preparation + shipping) will not exceed 30 business days, except for exceptional delays that will be brought to the buyer’s attention.
Delivery of items will not be possible on Fridays, Saturdays, holiday eves, and holidays.

15.2. Shipping Options

Self-pickup – free of charge, from the studio in Herzliya (HaRav Halperin Mordechai 5), by prior arrangement. If the customer marked this option, once the order is ready they will receive notification and will set the pickup time. The order must be picked up within 14 business days from the notification date.
Courier to home – at a cost of ₪50 to all parts of the country.
There may be an additional charge for shipments to remote settlements, according to the shipping company’s rates.
Shipments are available within Israel only. For orders abroad – contact us to clarify costs and delivery times.
The Website owner is not obligated to supply items to areas restricted for security or other reasons.

15.3. Shipping Responsibility

The Website owner will supply items to the orderer through an independent shipping company (hereinafter: “the Shipping Company”).
The shipment will be delivered to the address entered in the Website’s order system. If there is no answer at the buyer’s home, the shipment will be left at the entrance door and responsibility for the products and their quality will be with the buyer.
The customer is responsible for entering an accurate address as required.
The Website owner will not be liable, and the buyer will not be entitled to compensation for delay or postponement in delivery caused as a result of force majeure or circumstances beyond the Website owner’s control. For this purpose, “force majeure” will be considered, among other things, postal strikes and/or economy-wide strikes, security incidents creating supply difficulties, orders from any competent authority restricting movement (such as the Corona epidemic).
Non-delivery due to a reason related to an error and/or inaccuracy in the mailing address will not be counted in the days for shipment delivery. The buyer will bear the cost of delivery to the accurate address, according to the Website owner’s decision.
Delay in delivery of up to 2 business days (not due to force majeure) will not be considered a breach of contract by the Company.

16.Returns and Cancellations –

The Website owner makes every effort to ensure you are satisfied with the original artworks you ordered! If for any reason you are not satisfied with your purchase, any item can be returned or exchanged subject to the conditions listed. Return or exchange of items will be possible up to 14 days from the purchase date. Products specially ordered for the customer and not in the Company’s inventory cannot be returned or exchanged.

16.1. It is clarified that according to law, a transaction for the purchase of an artwork made especially for the consumer cannot be canceled unless there is a defect in the product.
16.2. Transaction Cancellation – The buyer is entitled to cancel a transaction within 14 days from the date of receiving the product or from the date of receiving transaction details, whichever is later. The provisions of this section will not apply to a product for which the cancellation right does not apply according to the Consumer Protection Law and regulations thereunder. It is clarified that the product must be returned in the condition in which it was received by the buyer, packaged, and without any use. Your money will be refunded no later than 14 days from the date of receiving the returned product. The credit will be made through the same payment method you used for the order.
16.3. The buyer is responsible for the costs and risk involved in returning the products to us. Products should be sent to the following address: HaRav Halperin 5, Herzliya There is no refund for shipping, only the product cost is returned. The Website owner is not responsible for damage or loss of products during return shipping. Therefore, it is recommended to use insured mail service with tracking capability. The Website owner cannot make a refund without receiving the products in practice or proof of return delivery.
16.4. For a buyer who is a person with a disability, senior citizen, or new immigrant, the provisions of Section 14c1 of the Consumer Protection Law will apply, and they can cancel the transaction within four months from the date of making the contract, from the date of delivery of the property, or from the date of receiving the details specified in regulations under Section 14(d), as applicable, whichever is later, provided no use was made of the product and provided that the transaction included a transaction between the business owner and the consumer. The product will be returned in the condition it was delivered to the buyer, and packaged.
16.5. Artworks that arrived damaged – The artworks are sent to the buyer when they are in complete and proper condition. If the buyer received a damaged artwork for any reason, they must document it, notify the Website owner immediately, and send the product back. The Website owner will examine the defect, if it is found that the responsibility for the defect is with the Website owner, she will fix the defect and/or provide a new replacement product, as soon as possible, and will bear all shipping costs.
16.6. The Website owner is entitled to charge transaction cancellation fees according to any law – at a rate of 5% of the purchase value or ₪100, whichever is lower. In case of transaction cancellation due to a defect, shipping fees will not be charged to the customer and no cancellation fees will be charged.
16.7. The Website owner is entitled to charge the consumer for clearing fees collected from them by the credit card company for the canceled transaction.
16.8. If you encountered a problem or question regarding cancellations and/or refunds, please contact us privately, and we will do our best to handle the matter.
16.9. Notice of transaction cancellation should be sent to the Website owner in one of the following ways:
Email [email protected]
By phone: 052-6696945