By submitting a purchase request or accepting delivery of any product delivered from Jingclothing.com (the "Site"), you (the "Customer" or "You") agree to be bound by the terms and conditions listed below. The following terms and conditions are the exclusive terms governing any sale transaction between You and Etty Kav Holdings (2005) Ltd., the Site owner and operator. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from The Site.
1. Warranties; All products sold "As-Is" or "with all faults"
1.1. The Site will provide You with warranty to the extant you are entitled to receive according to the Israeli law. The Site disclaims all other warranties, express or implied, as to any such product, including and without limitation, the implied warranties of merchantability and fitness for a particular purpose, and any implied warranties arising from statute, trade usage, course of dealing, or course of performance.
1.2. All items sold through the Site are sold "As-Is" or "with all faults". The entire risk as to the quality and performance of these items is with the Customer. Should any of these items prove defective, do not function, or function improperly in any way following their purchase, the Customer, and not the manufacturer, distributor, or the Site, assumes the entire cost of all necessary servicing or repair.
2. Limitation of Liability
2.1. In all circumstances the Site's maximum liability is limited to the purchase price of the products sold. The Site shall not, under any circumstances, be liable upon a claim or action in contract, tort, indemnity or contribution, or other claims relating to the products it sells which exceeds this liability limit.
2.2. The Site shall not be liable for third party claims for damages against the customer, or for malfunction, delays, interruption of service, loss of business, loss or damage to exemplary damages, whether or not the Site has been made aware of the possibility of such claims or damages.
3. Return Policy
3.1. Due to the nature of the products distributed by the Site, we will not be able to receive returns on products that have been used.
3.2. New, un-used, resalable products may be returned to us due to one of the following: Manufacturing Defect, Shipping Damage or Shipping Mistake. Return of products will be subject to our Return Policy Terms described below.
3.3. Return Policy Terms
3.3.1.1. Returns must be made within 21 days commencing at the date of delivery of the products to you.
3.3.1.2. All items being returned to the Site require a Return Authorization Number (R.A.N) which can be obtained by sending an email request to Info@jingclothing.com
3.3.1.3. Please note the issuing of an R.A.N does not guarantee a credit refund. All returned items will go through an evaluation process to determine if they are in new, un-used, resalable condition. Products determined to be damaged, soiled, missing pieces (including packaging) will be either issued partial credit refund or returned to the customer.
3.3.1.4. All items being returned to the Site should be shipped to: Etty Kav Ltd, 43 Azar St, Ramat Hasharon 47203, Israel.
3.3.1.5. All shipping expenses will be carried by the Customer.
3.3.1.6. All shipping liability will be carried by the Customer.
3.3.1.7. Shipping, insurance and handling costs will not be refunded to Customer.
3.3.1.8. Products returns entitle the Customer to receive Credit Card Refund or Item Exchange.
3.3.1.9. Exchange of products depends on available stock.
4. Payment Terms
4.1. Orders: An order is not binding upon The Site until it is accepted; The Site must receive payment before it will accept an order.
4.2. Payment: Payment for product(s) ordered is due prior to shipment.
4.3. Payment Method: Customer can make payment by credit card, or some other method prearranged with The Site.
4.4. Payment Amount and Payment Delay: You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
5. Shipping Charges
5.1. Your total cost for purchase of any product will include shipping and handling charges as shown on the Site invoice.
6. Title; Risk of Loss
6.1. The Site will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. The Site reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow The Site to sign appropriate documents on Customer's behalf to permit The Site to protect its purchase money security interest.
6.2. The Site will advise Customer of estimated shipping dates, but the Site will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
7. Governing Law and Jurisdiction
7.1. Any dispute arising out of or related to these Terms and Conditions or the sales transaction between The Site and Customer shall be governed by the laws of the State of Israel, without regard to its conflicts of law rules.
7.2. The Site and Customer consent to the exclusive jurisdiction and the exclusive venue of the courts located in Tel Aviv, Israel, to resolve any dispute between them related hereto. Both The Site and Customer waive all rights to contest this exclusive jurisdiction and venue of such courts.
7.3. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against the Site that is more than one year after the date of the applicable invoice.
8. Severability
8.1. If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Israeli law.
9. Waiver
9.1. The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
10. Entire Agreement
10.1. These terms and conditions, together with The Site's invoice regarding the products ordered by Customer, are the complete and exclusive agreement between The Site and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between the Site and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
11. Amendment of this privacy policy
11.1. We may amend this Purchase Agreement at any time by posting the amended Purchase Agreement on this site. All the amended Agreement's terms will automatically take effect immediately after they are posted on the Site.
