Home Website bylaw and Terms of Use

Website bylaw and Terms of Use

Welcome to the website of artist Shay Hardan.

Shay Hardan was born in London was studied painting in Avni Institute, Tel Aviv, and subsequently art at Duson College, Montreal. Further to his architectural engineering studies, Shay worked at Elhanany and Rechter, two highly important, innovative and influential architect firms on Israeli architecture. Over the years Shay has also worked as animator on the Israeli television.

This website was built in order to concentrate all the pieces of art and works of Shay Hardan and to provide you, the surfers, with access to these works and an option to buy prints and mixed media works of the artist.

You are invited to access the website and have a look at the variety of works and oeuvres.

We may be contacted on phone at (972+) 054-2179224 Sunday to Thursday 10:00-18:00 or by e-mail at [email protected]

Please read this bylaw and make sure you comply with the terms of the website as they are set in this bylaws and/or elsewhere in this website.

General

This bylaw regulates the terms of use of the website. Use of this website is subject to the provisions of this bylaw and any law.
By using this website you confirm that you have read the provisions of this bylaw and that you agree to them and undertake to comply with them.
It is clarified that the terms of use apply to any view and/or use of the website, whether by means of a computer or any other means of communication such as tablet, cell phone etc.
The website management may from time to time, at its sole discretion, change the provisions of this website and/or any provision regarding the use of this website which is included in the website.
The content of this website is presented in the masculine for convenience reasons only, but is intended for men and women alike. In addition, any content which imports the plural shall also include the singular, according to context, and vice versa.
The headings of chapters are included for users' convenience and orientation and will not be used in construing the bylaw.
Purchase through the website

This website allows easy, simple purchase of prints and mixed media works of artist Shay Hardan complete with supply to the customer's home in Israel and abroad!

Placing orders – order may be placed through this website and according to the order process provided for by the website, at any time. The order system on the website is available 24X7 and you may place an order at any time and from anywhere in the world. Orders will be processed Sunday to Thursday 09:00-20:00 (except for holidays).
Orders of prints on canvas are available on various sizes as featured on the website or by a personal order.
Orders of mixed media works are available when each of the works is unique thanks to the artist's personal touch in each ordered piece.
When completing the order, please make sure to follow the instructions and complete all the required details in the order process in order for us to be able to supply your order on time and problem-free.
The user confirms that the details fed into the website when completing the order are correct, full and accurate, and agrees that disclosing his personal details when completing the order was made under his wish and consent.
If the details disclosed are wrong and/or inaccurate, we may not guarantee delivery.

For any problem and/or question regarding the product and/or process of order, you may contact us by e-mail at [email protected] at any time, or by phone at (972+) 054-2179224 Sunday to Thursday 10:00-18:00.
Online prices – the prices featured on the Company's website displayed in Hebrew are presented in NIS; the prices featured on the Company's website displayed in English are presented in $. The prices are final and are inclusive of VAT and/or any other statutory tax.
We do our best to provide you the products according to the terms and delivery rates set in the website at the time of placing the order. However, there may be a situation where the price displayed on the website is not up-do-date and/or accurate as a result of a human error and/or operating and/or program error on the website, in which case the effective price is the one determine by the artist.
If the product has not been delivered yet, the customer will be updated as to the change of price and may choose whether to complete the order process in view of the changed price or to cancel the order, without any cancellation fee.
If the order has been delivered, the customer agrees, according to the terms of use of the website, to be charged with the difference between the paid price and actual price.
In addition, if the difference is in favor of the customer, the difference between the prices will be charged to the customer's method of payment. If the customer's method of payment cannot be charged, the customer will have a future credit with the Company and will be updated in this regard.
Methods of payment
Direct debit by a credit card – the website includes an advanced, secured clearance system that enables immediate charge by credit cards according to the rules set under the regulations of the various credit card companies.
When using the website by a credit card, you declare that you are an adult for the purpose of making purchases pursuant to the law and that you lawfully hold, according to the rules prevailing in your jurisdiction, a valid credit card that was issued and approved by the known credit card companies, and that you are permitted to make transactions pursuant to the law in your jurisdiction.
The details of the credit card fed into the website when placing an order are transferred by means of a page secured by ssl technology. Following billing, your credit details are destroyed and therefore the credit details are only used once. These details are not retained due to reasons of security and protection of our customers' privacy, not even for billing repeat orders. For every order, you will be required to update/provide your credit details again.
Billing by Paypal – in addition, payment is possible through a link to the global Paypal website.
This option is available both for Company's regular customers that have an account on Paypal website and for occasional customers that do not have a user account and may use this website for making a one-time billing.
The payment methods may vary and/or added to, everything in accordance with the possibilities given when ending to place an order on the website and as provided in this bylaw.
Deliveries, supply and return policy

We make every effort to deliver you the products you ordered on time to the address provided at the time of placing the order subject to receiving full payment for the product and subject to having received full, correct details at the time of placing the order, as required under this bylaw.

Delivery
After placing an order on the website, we will make sure to receive a confirmation regarding making a payment from the credit company and/or Paypal.
After receiving such confirmation, the order will be forwarded to the artist for preparation.
Every product will be sent to you as quickly as possible after full, final processing of the order and according to the delivery option you chose.
You may place orders 24X7 but they will be processed Sunday to Thursday 09:00-20:00. To remove any doubt, Friday, Saturday and holiday eves are not considered business days.
Supply time for the products is 7 to 21 business days. In home deliveries, the delivery date depends on the designated place and subject to the provisions hereof.
There is a self collection option with prior coordination on Tel 054-2179224 Sunday to Thursday 10:00-18:00, after prior coordination and receiving confirmation that the ordered product is ready for collection.
All products are packed in special packages to ensure arrival of the product when it is whole and intact.
In case of deliveries outside of the borders of Israel, the delivery may be delayed due to complexity of packing the product.
Cost of delivery – as provided on the website at the time of placing the order.
As stated above, a delivery will be available upon complete, full processing of the order and receipt of full payment for the product and for the delivery and receipt of confirmation for making this payment.
The price of delivery in case of overseas deliveries depends on the type and weight of product.
We may delay a delivery and withhold its supply if full payment has not been received for it and/or if a complete and/or proper order has not been placed.
Any product sent according to the details provided at the time of placing the order is presumed to reach its destination.
For a product sent to an erroneous address provided at the time of placing the order and returned to us – the customer will bear any potential cost relating to returning the product, including delivery and/or returning costs and the costs of an additional delivery to the amended address and any other cost as required.
Payment for the delivery will be made by the credit card and will be added to the payment for the products and may not be cancelled for any reason, other than the cancellation of the transaction due to any defect or unsuitability, or cancellation of the transaction according to the cancellation terms provided for in this website.
Payment of taxes in the country to which the order is sent applies to the customer.
It is hereby clarified that we reserve the right to change the options, costs and terms of delivery on the website at any time. The website will do everything in its control to perform a delivery to a customer that placed an order as defined at the time of placing the order prior to changing the delivery options on the website.
Please note that the times of supply, as defined in this bylaw, are considered estimations, and we are not responsible to any delays due to the time tables of the Post Office and/or couriers and/or due to holidays and/or weather conditions and/or any other event which is not under our control including events deriving from Force Majeure.
Cancellation of transaction
We strictly take care of the quality of the products displayed on the website and on delivering the products in a way that would guarantee their safe, intact arrival and therefore cancellation of a transaction and returning products will be allowed under the conditions provided in this bylaw and pursuant to the Consumer Protection Law, 5741-1981.
Cancellations – in accordance with the provisions of Section 14C(d) of the Consumer Protection Law, a transaction made on this website may not be cancelled as this is a product especially made for the consumer when he entered into the transaction.
However, we will allow cancellation of transactions subject to the following:
48 hours from the date of placing the order – the order may be cancelled without a cancellation fee and subject to sending an e-mail with a cancellation notice within 48 hours from the date of placing the order.
48 hours to 4 days of placing the order - the order may be cancelled subject to payment of a cancellation fee of 5% of the total order amount and subject to sending an e-mail with a cancellation notice within 48 hours from the date of placing the order.
Cancellation from the fifth day of placing the order - the order may only be cancelled after sending a written cancellation request and confirmation of the request by the website owner and/or anyone on his behalf. If the cancellation request is confirmed, a cancellation fee of 5% of the transaction will be charged. If the cancellation request is not confirmed, the order will remain as it is.
If possible, ex gratia, to cancel an order it has been delivered, the customer undertakes to send the product in its original package and with no use having been made of it, within 3 days of receiving the order.
Replacements – no product that has been ordered and sent for print may be replaced.
In cancellation of a transaction and/or replacement of a product, the cost of returning the product and the liability for sending the product and receiving it by the sender is with the customer. A customer who fails to cancel and/or return the product on the date specified above may not claim for cancellation of the transaction.
In any event, the amount of return will be equal to the amount charged to the customer. From this amount delivery and operating costs may be deducted, such as product delivery cost.
Delivery and operating costs, taxes etc. for returning a product will be borne by the customer.
Return of products will be made using the same method of payment used for purchasing the product and if the cancellation was made following delivery of the order, the return will only be made after receiving the product by the Company when it is whole and intact and on the date stated above.  
Our products

The products displayed on this website are unique creations of artist Shay Hardan and the prints ordered are performed using advanced, innovative equipment that ensures the quality of print and colors.
While we make reasonable efforts to ensure that the website will be updated at all times, it may be that a product ordered through the website will not be available on the inventory despite of placing the order, and therefore, you hereby declare that you know that the products displayed on the website are considered a proposal to purchase and that placing an order for a product is not deemed any undertaking of the Company to provide it.
If a product which is not available in the inventory has been ordered, we will update you, and as required will send you other choices which match the ordered product, if those are available. If the ordered product is not available in the inventory and/or has not been delivered for any reason related to this website, the order will of course not be charged and if charged – will be fully credited.
For this purpose, we note that the customer and/or any user of the website will have no claim and/or demand and/or contention against the website and/or anyone on its behalf for products that have not been actually provided for which the customer has not been charged.
Whereas this website is a dynamic website and we make great efforts to keep it updated, both with regard of products and with regard of other details, we cannot guarantee that the description of any product and/or other content displayed on the website will be accurate, full, reliable, up-do-date and/or error-free as errors and omissions are excepted.
In addition, the images displayed on the website are for demonstration purposes only and therefore, there may be a difference between the appearance and/or size of the product as it appears in the image and the appearance and/or size of the final product as received by the customer.
We are unable to guarantee that the display of the product as appearing on the computer screen, iPad, tablet, cell phone and/or any other medium will be identical to the original. Please take into consideration that every screen features different colors according to the definitions set on the device.
This website and/or anyone on its behalf are not liable for any damage of any kind caused, directly or indirectly, to the customer and/or third party, regarding the products purchased through this website, everything subject to liability applicable pursuant to any law.
For the avoidance of any doubt, it is clarified that as of the moment the product is sent to the customer and/or its owner and/or anyone on his behalf we are not responsible for any damage that may be caused as a result of unreasonable and/or wrong use and/or use which differs from the purpose intended for the products provided by the company.
Terms of use

By accessing and using this website, in any way and for any purpose, including for making a purchase through the website, you agree and commit to the terms of use of the website as defined in this bylaw as shall be updated from time to time.
This website does not commit any customer to make any purchase through the website and therefore, any customer that places an order knowingly and consciously agrees thereby to the terms of this bylaw and to being charged by a credit card and/or the method of payment he provided at the time of placing the order.
Any customer who has completed the process of order on the website may not make any claim against the price of the product on the website and/or the nature of the service proposed on this website.
Any customer who has completed a purchase on the website hereby declares that he is legally competent to perform legally binding actions and that he more than 18 years of age. If, at the time of placing an order on the website, the user is a minor (less than 18 years of age) or is not entitled to perform legal actions without a guardian's approval, the user is required to inform his parents and/or legal guardian and receive their confirmation for performing any activity of any kind on the website. Any activity performed by minors on the website constitutes the consent of the minors and parents to the provisions of the agreements.
We reserve the right to prevent from certain customers/users the right to use the website and/or Company's services in their entirety in any of the following events:
Providing deliberately wrong details at the time of placing an order,
Performing an illegal action or participating in such action,
A debt to the website owners and/or to a third party which is related to it with this debt not having been repaid on time,
Breaching the terms of this agreement.
We reserve the right to change the terms of use and guidelines on this website and/or any other rule included in this website, according to our sole discretion. By using this website you are subject to the most updated version of the terms of use featured on the website. Therefore, you should review the terms of use on the website from time to time prior to making any purchase or receiving any service from this website or from any third party related to this website.
Limitation of liability

The service on this website is provided AS IS and therefore, there will be no claim, demand or contention against the Company and/or anyone on its behalf for the service offered on the website, the nature of service, the limitations existing on the website or any other claim relating to the unsuitability of the service and/or products to the customer and his requirements.
The Company will assume no liability to any damage that may be caused directly or indirectly due to any purchase on this website or due to the inability to make a purchase and caused as a result of any action and/or failure and/or negligence of the customer or any third party, including a purchase by a minor without the consent of his parents, a purchase by a credit card without the consent of its owners etc. We will also bear no liability for any damage incurred for any delay in supply. If there is a defected and/or malfunctioned product and the defect and/or malfunction is under the liability of this website, the liability will be limited to an amount which is equal to the price of the product.
The Company is not liable to any damage of any kind which may be incurred by a customer and/or any third party as a result of a technical defect in the hardware and/or software related to this website or a defect in telephone and/or facsimile communication and/or a defect and/or failure and/or negligence related to the Internet providers of the website and/or customer.
In addition, the Company will not liable, in connection with the website, to any damage of any kind which may be incurred by a customer and/or any third party as a result of any action and/or failure which is not under its control, including, but not only, Force Majeure, such as: earthquake, security situation, extreme weather etc.
To remove any doubt, it is clarified that as of the moment the product is sent to the customer, the Company and/or its owners and/or anyone on its behalf are not liable for any damage that may be caused as a result of unreasonable and/or wrong use and/or use which differs from the purpose intended for the products provided by the Company. The liability in this regard is with anyone who has purchased the product for the damage that may be incurred by the user and/or third party or any other person and/or property.
Without derogating from all the foregoing, in any event the Company and/or anyone on its behalf will not bear any damages exceeding the price of products ordered and paid for by the customer.
Privacy policy

We are strict about the privacy of the website visitors and respect their privacy when they use the website.

Said information will not be used except for the use for which it was intended and for which it was disclosed. We save the information and it will not be disclosed to any entity and/or third party without the consent of our customers.

Any other information that reaches us with respect of a user which is not personal information effectively fed into by the user and subject to the privacy policy in this website and any message, material or content sent to or posted on this website by e-mail or otherwise, including data, questions, comments etc. shall be deemed non-confidential information which is not protected by any right and shall therefore not be subject to protection of privacy and shall be handled accordingly

Intellectual property and copyright

The materials and services offered on this website are protected by copyright, trademark and/or any other intellectual property laws. Any use, without the explicit authorization of Shay Hardan and/or anyone on his behalf of the materials, pictures, information or services offered on this website might breach these laws and the terms of use defined on this website and those which are set by law.
The information and/or images featured on this website may not be copied, distributed, duplicated, marketed or used in any way without the explicit, written permission of the owners and/or managers of the website, and this permission is to be adhered to.
The products and information featured on this website shall not be used and/or displayed, in full and/or in part, on any other Internet website or other source of information and in any other way.
In any event that a surfer of this website believes that there is any violation on this website of any copyright and intellectual property of any third party, the "warning and removal" procedure should be followed according to which the website owners must be notified of such violation. We shall examine every notice and act accordingly.
Links

The website may from time to time include links to Internet websites, articles, publications and/or other information which is not in our possession but is rather under the possession of third parties. Therefore, the content offered in these links is not under our responsibility and we have no control of this information. We are unable to determine the reliability and/or accuracy of the content and/or information offered in these links and/or whether such content is updated or relevant for you. In addition, we are unable to guarantee that the links will be functional at all times and/or will lead to an active Internet page.
Any entry to these proposed links and/or reliance on the information displayed in them is at your sole responsibility. We are not liable to any direct and/or indirect damage that may be caused as a result of using the information displayed in these links.
Applicable law

The applicable law to and in connection with these terms of use and the use of this website will be the Israeli law only, whether the use of the website is made in Israel or abroad.
The exclusive jurisdiction in connection with the terms of use and the use of this website is conferred upon the competent court in Tel Aviv-Yafo only.