1. General  

·         The Eden Gardens website (henceforth: “the site”) developed and operated by the Eden Gardens Company Ltd., (henceforth: “the company”) serves as an electronic shopping center allowing for the acquisition of services by internet users both in Israel and abroad.  

·         These terms are written in the masculine form. However, all terms contained herein are intended to apply to males and females alike. 

·         These terms apply to every use that is made of the website, and all purchases made therein, and constitute the legal basis for all disputes between you and the company. Consequently, you are requested to read these terms and conditions carefully and in full. By using the website, and/or purchasing the services offered on the site, you are expressing your acceptance of, and agreement to be bound by, the following terms and conditions. If you do not agree with any of the terms indicated here, you are requested to cease using the site. 

2. Sales  

·         The company permits you to purchase various services through the site, in a convenient, rapid, and simple manner and at attractive prices.  

·         Each service that the site offers for sale is accompanied by a “sales page”, which displays both the service available for purchase, and the fee for the service as indicated in the price list.  

·         Important note: all sums and prices displayed on the various sales pages include VAT, provided that the transaction in question is subject to payment of VAT as indicated by law, unless otherwise expressly indicated. 

·         Prior to purchasing or ordering a particular service (henceforth: “transaction”), the user must first register on the site by selecting a username and password, and, additionally, filling in other basic information such as his name, address, e-mail address, telephone number, credit card number, ID number, sex, as well as all and any additional information that is requested. At this point, the user becomes the transactionee (henceforth: the “client” or “transactionee”). In order to expedite the execution of your order, and to avoid errors and mishaps, it is important to provide accurate personal information. Otherwise, we cannot guarantee the execution of your order.  

·         Immediately following the transaction, the company will conduct a check of your credit card information. Once the order has been confirmed by your credit card company, appropriate notification will be given indicating whether the transaction has been approved or rejected.  If the transaction is approved, the order will be registered with the company’s computers. Furthermore, an e-mail confirmation message will be sent to you within 48 hours of completion of the purchase.  It is important to clarify that registering on the company’s website constitutes authorization on the transactionee’s part to be included in the company’s client list. It must be stressed and emphasized that receipt of an e-mail does not constitute evidence of a transaction and is not binding upon the company. Only registration on the company’s computers constitutes conclusive evidence of the accuracy of a transaction. The client will be charged for the cost of the service that he has purchased via credit card, once the transaction has been conducted. The client is permitted to contact the company in order to alter the payment conditions, including the number of available payments. The company will perform these changes subject to, and in keeping with, the policies practiced by credit card companies at the time. The client will be charged a commission of 2% of the total transaction sum for this service (in addition to any other commissions which the credit card company may charge). Note: providing false information constitutes a criminal offense. Offenders will be subject to both criminal prosecution and civil liability.  

·         Should the transaction be rejected by the credit card company, the client will be contacted appropriately. In order to complete his or her purchase, the client will be asked to contact the company’s customer service center in order to resolve this problem, and procure the requisite authorization by the credit card company to finalize the transaction. It must be stressed and emphasized that a transaction will only be deemed finalized once the customer obtains the requisite authorization from the credit card company. In such case, the service dates will only be calculated from such point as the transaction is officially authorized by the credit card company. Should the customer fail to take action to attain credit card authorization for the transaction within 7 days of being notified of the credit card company’s refusal to authorize said transaction, the company is then entitled to cancel the client’s order.   

·         The company will display the following information on the website:  description of service, service prices, service warranty, service dates and all other information required by law.  

3. Provision of Services  

·         The company will be certain to provide any service that you purchase on the site to any Israeli cemetery whose address you had typed in during your purchase, within the dates indicated on the service’s sales page, unless otherwise indicated on the website. The company will work to provide all of its services in accordance with the terms of provision specified on their sales pages. The company is only obligated to provide those services that were paid for in full via credit card as indicated hereupon.  

·         The company will not be held liable for any delays in service provision, and/or failures to provide service, that are the result of a force majeure and/or any other circumstances beyond the company’s control. In any instance, the company’s liability as relates to delays or tardiness in service provision, or any failure to provide services purchased on the website, will be limited to those direct damages that were the result of an action or omission on the company’s part or on the part of its representatives, and will not exceed the price of the service purchased by the client. The company and/or its representatives are not liable for any indirect, consequential, or special damages incurred by the client as the result of delays, tardiness or failures in service provision –irrespective of the cause of action –including loss of income and/or lost revenues and profits irrespective of their cause.  

·         In areas with limited accessibility for security reasons, the company and/or its suppliers reserve the right to provide service to the client at an acceptable adjacent site, which will be agreed upon with the client ahead of time.  

·         Only business days are counted as part of the service provision dates indicated on the sales page (Sundays through Thursdays, not including Fridays, Saturdays, holidays, and holiday evenings).  

·         While providing the service, the company and/or its representatives may demand that the credit card holder be present during provision of the service, and/or that the card holder’s ID card be presented, and/or that the card holder sign the back of a voucher as a condition for provision of the service.  

4. User Eligibility 

·         Any user may purchase services on the website, subject to the following cumulative conditions:

1.      The user is eligible to perform legally binding tasks. If you are a minor (under the age of 18), or are not eligible to perform legally binding tasks without authorization from a guardian, your use of the site will be construed as carrying the consent and sanction of a guardian. 

2.      The user carries a valid Israeli and/or foreign ID card, or is a legally registered and incorporated Israeli company.

3.        The user holds a valid Visa or international Isracard, issued by a recognized international credit card provider.

4.      The user has a valid Internet e-mail account.  

·         Not detracting from the above, the company may prevent a transactionee from acquiring services on the website, by blocking his /her access to such services in the following instances:

1.      The client has performed an unlawful act, or has otherwise violated the stipulations of the law; 

2.      The client has violated one of the terms indicated in these Terms and Conditions;

3.      The client has deliberately given false information during registration and/or subsequently over the telephone;

4.       The client performed an omission or action that may interfere with the proper working of the website and/or may harm the company, its representatives, providers or any other third party.    

5. Confidentiality of User Data    

·         In order to purchase services through the website, you must first select a username and password, which you will utilize for all purchases made via the website, as well as for all site use. In order to conduct a transaction, you will furthermore be asked to provide additional information, i.e., your name, address, e-mail address, telephone number and credit card number.    

·         Beyond this aforementioned use, the company pledges not to make any use of the aforementioned information without your express permission, unless required by law, or in order to prevent malicious use. The company will only allow access to client information to those workers who need such information in order to provide a service. 

·         The company takes all accepted precautions in order to maintain, to the greatest extent possible, the confidentiality of information. All transfers of credit card numbers from the site are conducted using accepted standards of encryption. As a result, in instances that are beyond the company’s control, and/or the result of a force majeure, the company cannot be held liable for all damages, direct or indirect, that are incurred by a client and/or his representatives, should this information be lost or used in an unauthorized manner.  

6. Cancellation of Transactions and/or Failure of Consideration 

·         The transactionee or client may cancel the transaction in accordance with the provisions of the Consumer Protection law and its regulations.  

·         For the user’s convenience alone, the following are the conditions and means through which a client may cancel the purchase transaction that he has conducted on the website:  

o   Clients may cancel purchase of a product from the date of the transaction, up to a week after the product has been received.  

o   Clients may cancel purchase of a service within 14 days of the date of the transaction, provided that that the aforementioned cancellation is carried out at least 2 business days prior to the date when the service is due to be provided.  

·         Cancellations are to be carried out in writing, and faxed and/or e-mailed directly to the service provider from which the product and/ or service was purchased, and/or conducted through the company.   

·         Outcome of cancellation for reason of defect or fault: Should a client cancel a transaction due to a defect in an asset which is the subject of the contract or transaction, or due to a lack of compatibility between the information supplied by the company and/or provider and the actual product and/or service, the company and/ or provider will refund to the client that part of the transaction fee that he has already paid within 14 days of receiving notice of cancellation, and, furthermore, will cancel all charges to the client for the transaction, without charging any cancellation fees. If the client should receive the asset which is the subject of the transaction or contract, he will hand it over to the company and/ or provider at the place where he/ she received the asset. The same holds true for any additional asset which the transactionee or client may have received pursuant to the contract or transaction. 

·         Outcome of cancellation for reasons not of defect or fault: Should a client cancel a transaction for reasons unrelated to any defect or fault in the asset and/or service as noted above, the provider will refund to the client that part of the transaction fee that he has paid within 14 days of receiving notice of cancellation. The provider will, furthermore, cancel all charges to the client for the transaction, and not charge the client any additional fees, bar a cancellation fee that does not exceed 5% of the value of the asset or service which is the subject of the contract or transaction, or NIS 200, whichever sum is the lowest. It must be stressed and emphasized that the cancellation fees may be collected by either the provider or the company. Should the client receive the asset, which is the subject of the transaction or contract, he must be sure to return the asset to the provider in his place of business, at the client’s expense. The same holds true for any additional asset which the transactionee or client may have received pursuant to the contract or transaction. It must be clarified that the client will be charged the full shipping and delivery rate, should the asset, which is the subject of the contract or transaction, be sent from the provider to the shipping company, even if the client is yet to receive the asset. It is important to stress and clarify: cancellation of the transaction for reasons unrelated to defect, as noted above, by the client, is contingent upon the client’s returning the asset whole and/or undamaged and/or without any defect, flaw, malfunction or corruption of any type. 

·         Cancellation of the transaction does not detract from the company and/or provider’s right to sue for damages should the asset’s value decline substantially as a result of a considerable worsening of its condition. 

·         The above-mentioned clause does not serve to make the company liable as a “registered trader” in accordance with the Consumer Protection Law.  

·         The company may cancel a transaction and/or sale in part or whole:  

1.      Should the bid contain a typo or misprint, be it in the product price and/or its description.

2.      Due to a force majeure, or in case of acts of war, terror or enmity that prevent the company from proceeding with the transaction or carrying it out.  

Notice of cancellation for the transaction will be given to the client via telephone and/or in writing to the address which the client had specified during registration for the company’s website. 

·         Failure of consideration: In any instance of cancellation of a transaction by the client due to total failure of consideration, the company will take action to provide a replacement item of an equivalent value to the client. This, after receiving notice of cancellation in writing by the client, stating the reason for cancellation of the transaction. Should the company fail to provide an appropriate replacement item for the client, it will refund the full sum of money paid by the client to the provider or company, provided that the client has canceled the transaction with the credit card company, and has sent a signed statement to the company specifying all of the payments which he has issued.    

7. Additional Terms  

·         The company and/or providers will not be held liable, should a typo or misprint occur in the description of a particular product or service. Pictures appearing on the website are for illustrative purposes only, and some differences are possible, in part or whole, between pictures appearing on the website and the products that are sold in practice.  

·         The company is not responsible for the content advertised on links appearing on its website, which may lead to other external sites that may be accessed via such links. The company cannot guarantee that links appearing on its website will lead clients to an active external site.   

·         The company and/or its representatives are not responsible, and can not be held liable for, any consequential, indirect, or special damages occurring to the client or a third party as a result of the use of the site or a purchase made via the site, irrespective of their cause of action, including loss of income and/or profits irrespective of their cause. The company’s responsibility and liability is limited to refunding the client’s money only. Moreover, the client or transactionee is solely responsible for the maintenance, servicing and upkeep of any product purchased on the website, unless otherwise expressly indicated.  

·         Icons (icons), as well as all and any information and/or material displayed on the website including all graphics, design, text, trademarks, logomarks, as well as the specific arrangement and display thereof, are the sole property of the company and/ or its representatives. The reproduction, duplication, distribution, publication and/or any other unauthorized use of website content without the express written consent of the company ahead of time, is strictly prohibited.  

·         The company’s computer records regarding the transactions conducted via the site constitute prima facie evidence of the correctness thereof.   

8. Miscellaneous Issues 

·         These terms shall be enforced by, and interpreted in accordance with, the laws of Israel, which shall have exclusive jurisdiction over any disputes and/ or actions stemming therefrom. Settlement of all disputes shall be conducted, if necessary, in authorized courts in the Tel Aviv-Jaffa district only.   

·         These terms were last updated on 27/01/2008, and may be altered at the sole discretion of the Eden Gardens Company at any time.