Terms of Use and Privacy
Policy
1. General Provisions
1.1. The OMKA online store offers digital products and
courses in the following areas: sewing swimsuits, lingerie, surfing swimsuits,
clothing repairs, and beachwear. The website is owned by Omer Kasus, VAT ID
315042192, based at 66 Shvatim Yisrael St., Haifa (the “Operator”).
1.2. Any action on the Website, including ordering or
purchasing products and/or other services offered, constitutes an “Action”
(hereinafter: “Action”).
1.3. These Terms of Use apply to any action performed by you
on the Website and serve as the legal basis for any interaction between you and
the Website administration. By browsing or using the Website, you agree to the
Terms of Use. If you do not agree to any of the terms, please refrain from
using the Website.
1.4. Every user performing an Action on the Website declares
they are aware of and accept the Terms of Use and participation rules, and
waives any claim against the Website’s owners, operators, or anyone acting on
their behalf, except for claims related to a breach of the Website’s
obligations as outlined in these Terms.
1.5. OMKA reserves the right to amend these Terms of Use at
its sole discretion without prior notice.
1.6. The user agrees that the records of the Website administration
concerning actions taken through the Website will serve as prima facie evidence
of the validity of these actions.
1.7. Product images displayed on the Website are for
illustration purposes only and are not binding. OMKA strives to present accurate
images and data regarding its products.
1.8. OMKA makes every effort to ensure the completeness and
accuracy of the information presented on the Website. However, unintentional
errors or inaccuracies may occur. OMKA shall not be held liable for such errors.
2. Eligibility and Conditions for
Use
2.1. To perform actions on the Website (e.g., registering,
ordering products or services, making changes, cancellations, or payments), you
must be of legal age (18 years or older) and legally competent to enter binding
contracts. Providing inaccurate or misleading information constitutes a
fundamental breach of the agreement and may violate applicable laws.
2.2. You may register for a personal account on the Website,
enabling you to view your order history and purchased courses.
2.3. Access to your personal account requires a username and
password selected during registration. These credentials are personal and must
be kept confidential. If your credentials are lost or compromised, please
notify us immediately.
2.4. You are fully responsible for all actions performed
under your account, including payments for purchases or violations of the Terms
of Use or applicable laws.
2.5. We reserve the right to block access to certain
services on the Website in cases of suspected legal violations, breaches of
these Terms, or interference with the proper functioning of the Website.
3. Purchasing Process
3.1. The Website features a range of offers for purchasing
various products and courses (“Offers”). Offer details, validity, and
conditions are displayed alongside each offer.
3.2. Offers may be time-limited and subject to change or
cancellation without prior notice. OMKA reserves the right to cancel purchases
if material errors are identified, such as pricing inaccuracies.
3.3. Prices, promotions, and other information presented on
the Website are valid only at the time of publication and are subject to
change.
3.4. Purchases on the Website can only be completed via
credit card.
3.5. A purchase is finalized upon approval by the payment
service provider. If the payment is not approved, you will receive a
notification, and your order will be considered canceled.
3.6. You are responsible for ensuring the accuracy of the
details provided during the purchase process. OMKA reserves the right to cancel
transactions in cases of suspected inaccuracies or incomplete information.
3.7. Upon completing a purchase, a confirmation email will
be sent to you, summarizing the ordered products and their cost.
3.8. For digital course purchases, login credentials will be
provided via email. Courses are hosted on external platforms (e.g.,
“Rav-Messer”). For digital pattern purchases, the purchased file will be
emailed to you.
3.9. All prices listed on the Website are in New Israeli
Shekels (NIS) and include VAT.
4. Customer Support
4.1. For inquiries about the products listed on the Website,
please contact our customer service team through the “Contact Us”
section on the Website.
4.2. Our representatives are happy to assist with questions
about the purchasing process or any other issues to ensure a smooth and
pleasant experience.
5. Cancellation Policy
5.1. In accordance with the Israeli Consumer Protection Law,
consumers may cancel a remote transaction within 14 days from the date of the
order, receipt of the product, or receipt of statutory information, whichever
is later.
5.2. Exceptions: Transactions involving downloadable goods
(e.g., digital patterns) are non-refundable once completed.
5.3. Cancellation Rights
5.3.1. Digital Courses and Recorded Lessons
The cancellation of a transaction is allowed within 14 days of the purchase
date, provided that no access to the course content has been made using the
username and password provided.
5.3.2. Digital Products (Patterns)
The cancellation of a transaction is not permitted once the purchase has been
completed.
5.4. Cancellation Request Process
If you wish to cancel a transaction, you may contact us with your cancellation
request, including your full name and the order number, using one of the following
methods:
- By registered mail to the
company address.
- By email: [email protected]
- By phone: +972-54-3552313
5.5. Cancellation Fees
If the transaction is canceled, we will void the charge made for the
transaction, deducting a cancellation fee of 5% of the transaction value or 100
NIS, whichever is lower, or another amount specified by law. Cancellation fees
will not be charged if the transaction is canceled due to a defect in the
product or a discrepancy between the product and the details provided to you
about it.
5.6. Special Provisions for Consumers with Disabilities,
Senior Citizens, or New Immigrants
If you are a “consumer” who is a person with disabilities, a senior
citizen, or a new immigrant, you are entitled under the law to cancel a remote
transaction within four months from the transaction date or receipt of the
product, whichever is later, provided that the transaction involved a
conversation between you and us.
6. Our Responsibility
6.1. The Website services are provided “as is.”
While we welcome suggestions and ideas for improving the information and
content on the Website, you shall have no claims, demands, or complaints
against us or anyone acting on our behalf regarding the information, structure,
content, functionality, or limitations of the Website.
6.2. We are not liable for any direct or indirect damages or
losses resulting from circumstances beyond our control, including actions of
third parties.
6.3. Under no circumstances shall we be held liable for any
loss or damage, including indirect or consequential damages, arising from the
use of the products and services, the Website, loss of enjoyment, loss of
profits or income, or any other related issue.
6.4. By purchasing on the Website, you agree that, in the
event the company is deemed liable for any damage caused to you during or
resulting from the use of the product or service, the compensation amount will
not exceed the amount you paid for the product or service, regardless of the
damage’s extent.
6.5. While we make every effort to ensure uninterrupted
service, we do not guarantee that the Website will operate continuously,
without errors, interruptions, or downtime. You agree not to hold us liable for
any inconvenience or damage caused by service disruptions.
6.6. We reserve the right to modify the Website’s structure,
design, products, services, and any other aspect related to its operation
without prior notice. You shall have no claims or complaints regarding such
changes or any resulting issues.
7. User Obligations
7.1. When using the Website or making purchases, you must
refrain from the following actions:
7.1.1. Copying or unauthorized use of the content on the
Website.
7.1.2. Impersonating any person or legal entity using the Website’s services.
7.1.3. Using robots, worms, data retrieval engines, or any other automated or
manual tools designed to index, retrieve, or extract data from the Website, or
attempting to access unauthorized parts of the Website, accounts, or connected
networks through hacking or similar means.
7.1.4. Collecting, using, downloading, or copying user lists or information
about users, or providing such information to third parties, with or without
payment.
7.1.5. Modifying or copying any part of the Website’s code.
7.1.6. Infringing upon copyrights, trademarks, or other intellectual property
rights associated with the Website, including posting files containing
copyrighted materials without proper authorization.
7.1.7. Copying, duplicating, distributing, or selling any content, such as
educational materials or patterns purchased or offered on the Website.
7.1.8. Interfering with service provision, including restricting or preventing
other users from accessing the Website, for example, by transmitting harmful
materials, such as computer viruses or malicious code.
7.1.9. Linking or providing links to the Website, including deep links, except
links to the homepage. Links to content must not separate it from its
surrounding webpage.
8. Intellectual Property
8.1. All intellectual property rights on the Website,
including patents, copyrights, trademarks, trade secrets, and the organization
and arrangement of the information, are the exclusive property of the Operator
or third parties who have granted us proper licensing rights. These rights
cover the graphic design of the Website, databases, computer code, content,
texts, files, and all other operational aspects. You may not copy, duplicate,
distribute, sell, market, transmit, publicly perform, or make available any
Website content, information, designs, or services without prior written
permission.
8.2. Intellectual property rights for courses and patterns
offered through the Website remain exclusively with the Operator. It is
prohibited to duplicate, distribute, or transfer these patterns for payment or
free of charge to any party other than the purchaser.
9. Data Confidentiality and User Privacy
The privacy of visitors to our Website is of great
importance to us, and we are committed to protecting it. This Privacy Policy
explains the personal information we collect and how it is used.
9.1. Providing
personal details through the order form or during registration is done
voluntarily and with the user’s consent. By submitting these details, the user
confirms their agreement to provide them. The purpose of providing personal
details is to enable the company to supply the products and/or services and to
understand the user’s intent regarding the purchase.
9.2. OMKA
commits not to use the information without your permission unless required by
law or to prevent misuse. Access to the information will be granted only to
employees and/or suppliers who need it to provide service.
9.3. OMKA takes
accepted precautionary measures to ensure the confidentiality of the
information. All credit card transactions on the Website are encrypted. In
cases beyond our control or resulting from force majeure, OMKA will not be held
liable for any direct or indirect damage if this information is lost or used
without authorization. OMKA uses standard security protocols to safeguard the
confidentiality of information and its customers’ privacy.
9.4. During
registration and when ordering products, users will be asked to provide
personal details required for invoicing or delivering the product digitally.
These include: first name, last name, phone number, city, street, house number,
and apartment number. For security and privacy purposes, payment method data
will not be stored in the Website’s database and will only be used to complete
the transaction. Mandatory fields must be filled out. Without providing the
required information, users will not be able to use these services.
9.5. During
Website browsing or performing actions, such as reviewing products for sale,
data about your activity may be automatically recorded. This data is used for
monitoring and improving customer management and marketing efficiency.
9.6. Some
services on the Website may require registration. During the registration
process, users will be asked to select a username and password to identify
them. The Website administration reserves the right to modify identification
methods as necessary. Users must keep their credentials confidential to prevent
misuse.
9.7. Information
provided by the user and collected during Website use will be stored in the
Website administration’s database. By using the Website and agreeing to this
Privacy Policy, users consent to their data being stored and managed in this
database. This data will be used, subject to this policy or applicable laws,
for the following purposes:
- 9.7.1. To enable users to access Website services.
- 9.7.2. To identify users during repeated visits.
- 9.7.3. To improve and enhance the services and content
offered on the Website, including developing new services and content
tailored to user expectations, and modifying or canceling existing
services and content. The data used for this purpose will primarily be
statistical and will not personally identify users.
- 9.7.4. To personalize the services offered to users based on
their preferences.
- 9.7.5. With the user’s consent, OMKA may contact users via
various channels based on the details provided, including promotional
messages, service notifications, or messages required by law.
Communication may occur via mail, email, phone, SMS, multimedia messages,
fax, social networks, or other means. Users may opt out of promotional
messages by contacting customer service or using the unsubscribe link in
emails.
- 9.7.6. To contact users as needed.
- 9.7.7. For analysis, monitoring, and providing statistical
information to third parties. This data will not personally identify
users.
- 9.7.8. For any other purpose outlined in this Privacy Policy
or the Website’s terms and conditions.
9.8. User
information will not be shared with third parties except in the following
cases:
- 9.8.1. When necessary for proper Website operation and data
use as described above.
- 9.8.2. If a user violates the Website’s terms and conditions
or attempts actions deemed illegal.
- 9.8.3. If a judicial order is received requiring the
disclosure of user information. OMKA is not obligated to contest any such
request.
- 9.8.4. In case of legal disputes between users and the
Website administration.
- 9.8.5. To related companies, such as parent, subsidiary, or
affiliate organizations, provided that they use the data in accordance
with this Privacy Policy.
- 9.8.6. Sharing anonymized, aggregated, and statistical
information with related companies or third parties without revealing
personal identities.
9.9. OMKA may
allow third-party companies to manage advertisements on the Website. These
companies may use tools like cookies or web beacons to track user preferences.
This data does not identify users personally and is subject to these companies’
privacy policies, not OMKA’s.
9.10. The Website
administration employs security measures to protect the information to the best
of its ability, following accepted standards. However, no system is completely
secure, and OMKA cannot guarantee full protection against unauthorized access.
9.11. Under the
Protection of Privacy Law, 1981, users may access and request corrections to
their data. If denied, users must be informed in accordance with regulations.
9.12. OMKA may
periodically update this Privacy Policy as required by law.
9.13. Users may
review the updated Privacy Policy at any time via the appropriate link on the
Website.
10. Additional Terms
10.1. OMKA is not responsible for the content published in links
available on the Website that lead to other websites. OMKA does not guarantee
that such links will direct users to active or operational websites.
10.2. The interpretation and enforcement of this policy, as well as
any actions or disputes arising from it, will be governed by the laws of the
State of Israel and adjudicated, if necessary, in the courts of Tel Aviv-Yafo.
