Terms of service

Version dated 01/01/2024

Welcome to the website www.flow-kids.com (Hereinafter: “the Website“) operated by flow – kid’s play solution company LTD (Hereinafter: the “Operator“) and providing kid’s furniture and toys. The use of the masculine gender in this article and in the latest version of the privacy policy published on the website (Hereinafter: “Privacy Policy“) is for convenience only and not intended to create any discrimination. Wherever the singular is used, the plural is meant as well and vice versa, with the required changes and in accordance with the circumstances.

Please carefully read all the terms and conditions detailed in these regulations before using the Website and/or purchasing products advertised on the website (Hereinafter: “Products“) and/or services supplied on the website (Hereinafter: the “Services“) in the website’s contents (hereinafter: “Contents“) and/or in materials available for downloading from the website (Hereinafter: the “Materials“). The Website, the Services, the Products, the Contents, the Materials and any information presented in any of them will be collectively referred to below as: the “Components“).

Your use of the Components, all or part of them, is subject to your consent – those browsing the website and/or making any use of the website and/or services and/or Content and/or Materials (Hereinafter: “You“, “You [plural]”, “user” and “users“) – As a condition of this article, the instructions of the Privacy Policy and additional terms may be provided to you during the use of the Components, by us and/or by a third party (Hereinafter: the “Regulations“).

Please note(!) the mere use by you of the site or any of the Components, constitutes your unqualified, actual consent, to all the conditions detailed in these Regulations and your full commitment to comply with its instructions.

For the avoidance of doubt, if you do not agree to any of the conditions of these Regulations, you may not make any use of any of the Components.

Any use by you or anyone on your behalf of any of the Components and/or anything else arising from them, that is, for personal, private, non-commercial purposes is subject to the provisions of the laws of the State of Israel only and the terms and conditions of these regulations which constitute a legal and binding agreement between you and the Operator and/or advertiser transaction (as defined below) and/or someone on their behalf.

The use of any of the Components is intended for any adult citizen (over the age of 18) who is within the sovereignty of the State of Israel. If you are a minor (under the age of 18), using any of the Components will be proof that you have received permission from your parents or a guardian appointed for you.

We are entitled to change and/or update the instructions, conditions and restrictions of these Regulations or establish new conditions, changes, additions or deletions, stop the use and/or access to any of the Components, all or part of them, as we see fit and at our sole discretion, at any time and without the need to give notice and/or advance notice (Hereinafter: the “Changes“). The Changes will take effect immediately upon their publication on the website and any use of the Components after updating the Regulations and/or Privacy Policy, and your use of the Components will be subject to the latest regulations.

Any right not expressly granted to you within the framework of these Regulations is reserved for the Operator, and in the event that your use of any of the Components is terminated and/or limited by the Operator, the instructions and limitations applicable to you according to these Regulations will be waived.

If you are asked to provide your details, you will have to provide the requested information and complete the registration process, including giving your explicit consent to these Regulations.

You may be asked to provide personal information including: first and last name, residential address, telephone, e-mail, delivery address, credit card details, etc. You undertake that during registration you will provide only correct, complete and accurate information.

If your details have changed, you undertake to update the registration to the Operator via e-mail. The Operator and/or anyone on its behalf will not bear any responsibility if it was not possible to contact you in light of a change in any of the details you provided at the time of authorization and of which the Operator did not receive an update from you.

The amounts listed on the website include value added tax, unless there is no obligation to pay VAT by law, which you must pay as part of a transaction carried out on the Website and can appear several times during the stages of the transaction, but will always appear at the final stage when you agree to the terms of the transaction (Hereinafter: the “Price”). The Price advertised as part of any transaction is not necessarily the cheapest and/or the most profitable price. You are solely responsible for conducting market research, comparing prices, the existence of promotions and discounts before you choose to enter into the transaction. The Operator may update the requested Price in accordance with their sole discretion which shall take effect immediately upon publication of the updated amount.

A product you purchased on the Website shall be delivered to you according to the address you provided during the transaction, subject to the following conditions:

The product may be delivered through the Operator or someone on its behalf.

The delivery of the product will be carried out exclusively within the borders of the State of Israel and in settlements beyond the Green Line which are under the control of the State of Israel. Delivery will not be made to locations located in territories not under the control of the State of Israel and/or locations to which access has been blocked by a competent authority and/or there is no access to them for security reasons.

The date of delivery of the product will be carried out in accordance with the details in the advertisement of the transaction and subject to coordination between the courier and the customer and events that are not under the control of the Operator and/or the advertiser of the transaction.

In a remote sales transaction as defined by law (transaction via the Internet and not face-to-face), the Operator and/or advertiser of the transaction and/or someone on their behalf will provide you in writing, in Hebrew or in the language in which the transaction was published, no later than the date of delivery of the product or service, a document that includes these details: the name, ID number and address of the party you contacted; the main features of the product or service; the Price for the product or service and the payment terms applicable to the transaction; the way in which you can exercise your right to cancel the transaction; the name of the manufacturer and the country of production of the product; information regarding the warranty for the product or service; additional conditions apply to the transaction.

Cancellation not by the consumer. If you do not fall within the scope of the definition of “consumer” in the Consumer Protection Law, 1981 (Hereinafter: the “Law“) (if the transaction you made is mainly for personal, domestic or family purposes, then you are a “consumer”) conditions for canceling the transaction, if and as far as possible to cancel it, will be carried out in accordance with the instructions of the Operator and/or the advertiser of the transaction and/or those on their behalf which will be provided at the time of the cancellation request.

Cancellation of a remote transaction. If you are a “consumer” as defined in the law and the transaction was carried out remotely (a contract for the sale of a product or service, when the contract is made as a result of remote marketing, without the joint presence of the parties to the transaction) and the transaction is not for the purchase of one-time usage products; hospitality, travel, vacation or recreation services, transactions that require coordination and booking in advance that have not been canceled in accordance with the instructions detailed in the transaction, if the cancellation date of the transaction falls within 7 days that are not rest days, prior to the date when the service is to be provided; information as defined in the Computer Law, 5755-1995; products that were produced especially for you following the transaction; products that can be recorded, reproduced or duplicated, whose original packaging you have opened – you may cancel a transaction in accordance with the following instructions:

A transaction for the purchase of a product can be canceled from the day the transaction is made and up to 14 days from the day the product is received, or from the day the disclosure document is received, whichever is later.

A transaction for the purchase of a service can be canceled within 14 days from the date of making the transaction or from the date of receipt of the disclosure document, whichever is the later, as detailed below: in a transaction for the purchase of a product or services on an ongoing basis (Hereinafter: the “ongoing transaction“) – whether or not it was applied to the provision of the service, and in the transaction which is not an ongoing transaction – on the condition that said cancellation will be made at least 2 days, which are not rest days, before the date when the service is to be provided.

Cancellation of a remote transaction by a person with a disability, a senior citizen or a new immigrant. If you are a “consumer” as defined in the law and you are a person with a disability, a senior citizen or a new immigrant, you may cancel the transaction within 4 months from the date of making the transaction, from the date of receipt of the product or from the date of receipt of the document containing the details mentioned in section 14c(b) of the law, whichever is later , provided that entering into the transaction included a conversation between the Operator and/or the advertiser of the transaction and/or someone on their behalf, including a conversation via electronic communication. For the purpose of verifying your status, the Operator and/or the advertiser of the deal and/or someone on their behalf may require you to present a certificate proving that you are a person with a disability, a senior citizen or a new immigrant, and you must send a copy of the certificate including via electronic communication or facsimile.

In order to cancel a transaction, you must contact the Operator stating the buyer’s details, the date of purchase, contact details and a copy of the invoice. If the cancellation is due to a defect or lack of conformity, the defect and/or lack of conformity must be specified in your application in one of the following ways:

Orally – by phone or by oral message at the place of business that operates or advertises the transaction, depending on the transaction, except if it is stipulated by law that the cancellation of the transaction will be done by means of a written notification.

By registered mail to the address: Hanotea 26/3, Tel mond.

By e-mail: [email protected].

Cancellation of Transaction outcomes. You canceled a transaction due to a defect in the product, due to a discrepancy between the product or service, and the details provided to you, due to the non-delivery of the property or service at the time set for this or due to any other violation of the terms of the transaction by the Operator – the Operator will refund you within 14 days of receipt of notice of cancellation, that part of the transaction price paid by you, will cancel your charge due to the transaction, and you will be given a copy of the charge cancellation notice as mentioned and will not charge you a cancellation fee.

If you canceled a transaction for reasons other than those mentioned above, the Operator will return to you within 14 days from the date of receipt of the notification of the cancellation, that part of the transaction price paid by you, the charge due to the transaction will be canceled and you will be given a copy of the notice of cancellation of the charge as mentioned above and will not charge you any amount, except for a cancellation fee at a rate not exceeding 5% of the transaction price, or 100 NIS, whichever is lower, as well as expenses or obligations due to shipping, packaging or any other expenses or obligations, which were incurred by the Operator and/or the advertiser of the transaction and/or someone on their behalf or any of them charged these expenses due to entering into the transaction or due to its cancellation and are not included in the transaction price.

If the product has already been delivered to you, you must return it to the Operator and/or someone on its behalf in accordance with the instructions that will be given to you at the time of cancellation.

The product has been installed in your home, the Operator and/or someone on its behalf will be entitled to collect a payment from you due to the installation expenses, in an amount not exceeding 100 NIS.

Out of stock product or canceled service. If it turns out that a product or service ordered by you has sold out or been canceled, even if and despite the fact that the product or service was advertised on the website and even if the order was confirmed by the Operator, the Operator will not be obligated to provide the product or service, and you will have no claim and /or any demand and/or claim against the Operator subject to your being informed that the product has sold out or the service has been canceled and that you have been allowed to cancel the transaction without paying a cancellation fee or choose an alternative product or service and pay or receive credit for the difference between the alternative product or service and the product or service which you originally ordered.

Credit. You requested to cancel a transaction and you are not entitled to a refund according to law, the Operator may give you the right of future redemption, where the amount for future redemption will be the amount paid at the time of the transaction; the exercise right will be valid for at least two years from the day the right was granted; exercising the right to redeem will not be conditioned on the presentation of the invoice given to you at the time of the transaction.

Cancellation of a face-to-face transaction with a consumer. If you are a “consumer” as defined in the law and have made a face-to-face transaction (not remotely) with the Operator, you may cancel the transaction in accordance with the Consumer Protection (Transaction Cancellation) Regulations, 5771-2010 (Hereinafter: the “Regulations“) and the Operator will allow this subject to the existence of any the conditions specified in the Regulations and for your convenience, as detailed below:

The request was made within 14 days from the date of purchase.

The price paid for the purchase of the product exceeds 50 NIS, was made with money and not with purchase vouchers, gift vouchers or a loaded magnetic card.

The product has not been damaged or used.

Presenting an invoice or a cash register tag or a bill of exchange that testifies to the actual execution of the transaction or other proof regarding the actual execution of the transaction, the date, the amount paid for it and the means of payment.

If the product or service was received as a gift, presentation of a bill of exchange attesting to the transaction or other proof regarding the transaction itself, the date, the amount paid for it and the means of payment.

You requested that the product be delivered later than 6 months from the transaction date, and your cancellation request was received before the delivery date.

Transactions that cannot be canceled. Your right to cancel a transaction will not apply to the following transactions: furniture assembled at the consumer’s home; products manufactured especially for you according to measurements or special requirements; products that by law cannot be returned.

Product return. If you canceled a transaction after the product was delivered to you, you must return the product undamaged and not used to the Operator or the advertiser of the transaction or someone on their behalf, in accordance with the instructions that will be given to you at the time of canceling the transaction.

Return of the proceeds. If you canceled a transaction in accordance with the instructions detailed above, the Operator will return the proceeds to you, minus the cancellation fees if they apply as stated and subject to the following conditions (hereinafter: “Return of the proceeds“):

You were required to purchase a product in order to receive service, you will be entitled to return the product even if it was used and provided it was not damaged.

If a product used to provide a service has been installed in your home, you will pay the Operator and/or advertiser of the transaction and/or someone on their behalf the cost of the installation in an amount not exceeding 100 NIS.

Manner of returning the proceeds. The return of the proceeds will be made close to the date of cancellation of the transaction and no later than 7 business days and will be made according to the manner in which the proceeds were paid. You paid with a credit card, the Operator will cancel the charge, and if the beneficiary of the account credits you with the amount credited through the credit card company that will credit your credit card, and if it was not possible to credit your credit card as stated, the proceeds will be returned by bank transfer or cash or check.

Cancellation fees. You canceled a transaction in accordance with the instructions detailed above and not due to a defect in the product, or due to a discrepancy between the product or the service, and the details provided to you about the product or service, or due to the failure to deliver the product or service at the time stipulated in the transaction or due to any other violation of the terms of the transaction by the Operator, the Operator will be entitled to legally collect cancellation fees from you.

Clearing fee. The transaction was made with a credit card and it has been proven to you that the credit card company or another body that performs credit card clearing, charged the Operator a fee for clearing the credit card in the canceled transaction, the Operator will be entitled to charge you for this payment as well.

Third party links and content

The Website may contain links to web pages and/or websites and/or content and/or information and/or commitments and/or prices and/or anything else owned and/or operated and/or or originating from a third party (hereinafter: “Linked Information“) and the Website contains content and/or information and/or commitments and/or prices and/or anything else owned and/or operated and/or originating from a third party (hereinafter: “Third-Party Content“).

We do not bear any responsibility, whether express or implied, for Linked Information and Third-Party Content, and linking to them and/or displaying them on the Website does not constitute approval and/or validation and/or recommendation and/or any other reference on our behalf.

The Linked Information and Third-Party Content are provided for use and convenience, and you assume the full risk and responsibility for their use, including due to their quality, nature and reliability. You will not have any claim and/or complaint and/or demand against us and/or anyone on our behalf for use and/or reliance and/or utilization of the Linked Information and/or Third-Party Content and/or part of them.

Responsibility

The use of any of the Components is done under your full and exclusive responsibility.

We strive to make the Components and user experience better, more optimized and safer. For this purpose and from time to time we improve the usability, display, functionality and other features of some of the Components. The Components are to be used AS IS and in the availability that exists at the time of use (As Available) and you assume the full risk and responsibility for using any of the Components, including their quality, nature, reliability, availability, dependability, accuracy and application, and you will not have any claim and/or complaint and/or demand against the Operator regarding the limitations and/or capabilities of the Components.

A malfunction, failure or disruption in the recording of your details and/or means of payment and/or any other information during registration and/or entering information as part of your use of any of the Components or purchase of a product will not constitute grounds and you will not have any claim and/or complaint and/or demand against the Operator or someone on their behalf.

The Components are provided based on the knowledge and experience of their creators, in part for illustrative purposes only, and should be viewed as such. Your use of any of the Components and/or your reliance on any of the Components does not exempt you or constitute a substitution for the common sense, prudent and reasonable behavior expected of you. Likewise, there is no guarantee that any of the Components will meet your expectations, will give you any pleasurable or successful results for you.

Wherever it is stated in these Regulations that the Operator does not bear any responsibility, this instruction fully removes responsibility from the Operator, its shareholders, managers, employees, parent company, subsidiaries, partners and anyone on its behalf.

We do everything in our reasonable power to ensure that the information on the Website is accurate and complete, but we are not a party to the manner and nature of your use and/or consumption and/or exploitation of any of the Components, and therefore we do not bear any responsibility, whether express or implied, for the adaptation of any of the Components to the requirements specificity of this or that user, and in no case will we be responsible for errors, omissions, inaccuracies, misinformation, hours of operation and activity sequence of any of the Components originating from a third party and/or under its control.

Since we do not have any control and/or discretion and/or involvement in the manner and/or method of using the Website and/or on other suppliers on which some of the Components rely, you agree and hereby declare that you absolve the responsibility from us as far as the manner and/or method is concerned and/or the outcome of your usage of any of the Components.

Intellectual Property

All of the Components and/or their parts, including the applications, interfaces, applications, design and information included in it, including those resulting from making changes, improvements, adjustments, additions or updates, are, and will be at all times, the property of the Operator, with the exception of those Components in which the rights, ownership and acquisition belong to the advertiser of the transaction or another third party. “Intellectual property rights” means including all of the following: copyrights, moral rights, rights of performers and/or broadcasters, models, trademarks and/or service marks, algorithms, databases, electronic systems, characterization documents, commercial symbols, commercial names, business names, logos, brands, any computer files, computer programs, source and target code, computer outputs, applications, concepts, designs, derivative works, discoveries, formulas, reputation, ideas, improvements, sculptures, information, innovations, inventions, know-how , contracts, methods, domain names, patents, applications for patent registration, patent rights, without detracting from the generality of the aforementioned including any continuation applications, division applications, re-productions, re-examinations or extensions, processes, technology that has a property right, research results, research records , specifications, systems, techniques, trade secrets, confidential information, technical information, trade styles and any equivalent right to any of the above, and everything whether it is registered, whether an application for its registration has been submitted or an application for its registration has not yet been submitted.

There is no reproduction and/or copying and/or photographing and/or recording and/or translating and/or distributing and/or reproducing and/or absorbing in any other way, any part of the components, for purposes of commercial use and/or for any other purpose except that which is permitted in accordance with the provisions of these Regulations, without express written permission in advance from the Operator.

As a condition of your use of any of the Components, you agree and commit not to modify in any way, not to sell, distribute, broadcast or give any access to the Components protected by intellectual property rights without obtaining explicit, prior written permission from the Operator.

The Operator reserves all rights not expressly granted to you within the framework of these Regulations, including the right to use or give permission to another in any way and method that the Operator deems appropriate.

Except as expressly provided in these Regulations, there is no interpretation of any of the provisions of these Regulations to grant you an authorization, license or any other right, under any patent, trademark, copyright or any other proprietary rights in any of the rights of the Operator and/or in the rights of third parties.

Names of third parties, products, services, etc. mentioned in which of the Components may be the trademarks of their owners.

All comments, feedback and information that you deliver or share with the Operator (Hereinafter: “Feedback“) through any of the Components will be considered non-confidential and for the Operator’s use subject to the law. By submitting Feedback to the Operator, you agree to grant the Operator and/or the advertiser of the transaction, without any payment or consideration, the full rights of use in the world, including copying, changing, displaying and distributing the feedback in any way you choose and in an unlimited manner.

Privacy

During the use of the Website, you may be asked to provide a number of details including, among other things, your personal details and/or information will be collected regarding your use of the Website and/or services which may be used for the purposes of establishing contact, statistical analysis, usage patterns, etc., all as detailed in the Privacy Policy.

Your agreement to these terms of use also indicates your consent that we may collect, save and process the information you provided and/or information collected as a result of your activity on the site and/or any other information received in the normal course of business, subject to the provisions of the Privacy Protection Law, 5741-1981 and its regulations and as mentioned in the Privacy Policy.

In order to operate and provide some of the services on the Website, we collect certain information that may include personal data as detailed in the Privacy Policy. You agree that for the purpose of providing the services and/or your use of any of the Components, we will be entitled to use the services of third parties (Hereinafter: “Sub-Processors“) for the purpose of processing the collected information, including private information, in Israel and abroad, and you confirm and agree that it will be possible to extract the information which will be delivered outside the borders of the State of Israel and stored in other countries and enslaved by Sub-Processors who are not located and/or working in Israel.

Support

If you encounter any technical problem with any of the Components, contact the Operator and, if possible, a reasonable effort will be made to locate the fault and provide a solution to the problem. The Operator and/or advertiser of a transaction and/or anyone on their behalf are not obligated to provide any support to users for operation and/or repair and/or providing a solution regarding any of the Components.

Your mere use of any of the Components shows that you agree that the Operator and/or the advertiser of a transaction and/or anyone on their behalf have no obligation to explain, teach or instruct regarding any matter beyond the published information.

Mailings

From time to time, we will share with and update everyone who requested it, in accordance with the provisions of the Communications Law (Bezeq and Broadcasting) (Amendment No. 40), 5768-2008.

If you requested and/or gave your consent at the time of registration to receive from the Operator and/or a transaction advertiser and/or someone on their behalf, various information and publications through one or more of the contact methods that you provided during registration, the Operator and/or someone on her behalf will send you, from time to time, information and various publications (Hereinafter: “Mailing“). You confirm that your consent to mailing also constitutes the consent of third parties who use any of the contact methods that you provided during registration.

Free promotions and services

When using any of the Components, you may receive or be entitled to certain pricing structures, discounts, features, promotions and other benefits (Hereinafter: the “Promotions“). The Promotions may change or cease without prior notice and are subject to availability, and they cannot be transferred or exchanged without the operator having stated this explicitly in writing.

If you requested, registered and/or received any service and/or product for free, for whatever reason (Hereinafter: “Free Service“), you may be required to accept additional terms and conditions which are also an integral part of these Regulations.

If any of the Components can be used for trial purposes, the trial period begins from the date of the start of use until the end of the trial period, if and as long as such is determined. During the trial period, unless otherwise stated, you may stop the trial. If the trial period has ended, the Operator and/or someone on its behalf for the trial may automatically convert the use for trial purposes to the use upon payment that will be charged automatically in accordance with the provisions of these Regulations and dedicated instructions that will be published as part of the authorization to use for trial purposes.

General

Changes to the Regulations and Privacy Policy. These Regulations and the Privacy Policy include what is agreed between you and the Operator, all understandings, agreements, charges and conditions between the parties and any change and/or cancellation of an instruction from the provisions of these Regulations or the Privacy Policy, or in part of them, will be made by, and at the discretion of, the Operator exclusively, and as long as it has not been done, will not be in force.

The relationship of the parties. There are not and will not be between the Operator and/or advertiser of a transaction and/or anyone on their behalf, at any time, employee-employer relations, or any partnership, agency and/or mission, as they mean according to any law, and anything implied by any of these relationships.

Transfer of rights and obligations. The Operator may assign/or transfer and/or redirect and/or deliver in any other way its obligations and/or the rights granted to it according to these Regulations and the Privacy Policy or part of them, to any third party without obtaining your consent, subject to the preservation of your rights, if and to the extent that it is in force under these Regulations. You may not transfer your rights and/or obligations under these Regulations to any other third party without the prior written consent of the Operator, in advance and in writing.

Delay and waiver. Any delay, waiver, discount, prevention of acting on time, silence in the event of a violation, delay or avoidance on the part of the Operator and/or anyone on its behalf to exercise rights and/or in the requirement to comply with the conditions of these Regulations and/or their agreement to deviate from the terms of the agreement and/or the granting of an extension and/or any rejection, will not constitute a precedent, will not be considered a waiver or agreement on their part to waive their rights and no equivalent decree for another case and/or any waiver of their rights.

Canceling an instruction. You agree and undertake that if, for any reason, a legal court or an agreed authority in Israel decides that any of the provisions of these Regulations is unreasonable, but it would be reasonable if a condition were different from its conditions, then these changes will bind you, as if they were from the beginning, so that the validity and purpose of these Regulations will be preserved .

Unenforceable condition. If it is determined that any of the terms of these Regulations is unenforceable and/or void for any reason (Hereinafter: “Unenforceable Condition“), this will not affect the other terms of the Regulations, and the parties will work to implement the Regulations according to its spirit and language, including the replacement of the unenforceable condition with the condition whose results and operation are essentially the same as the results and operations of the unenforceable condition.

Applicable law and jurisdiction. The law applicable to the relationship between you and the Operator is Israeli law, and this law only. The court authorized to hear exclusively any matter concerning these Regulations and/or arising from them and your use of any of the Components will be determined by the relevant court in the city of Netanya, Israel.

Force majeure. If any obligation towards you is affected by an event in the nature of force majeure, you will receive a notification of this close to the occurrence of the event or when the event makes it possible to send the aforementioned notification, whichever is the later of the two. As long as the effect of the force majeure event continues, the Operator and/or anyone on its behalf may not fulfill their obligations under this agreement whose fulfillment is prevented as a result of a force majeure event, and you will not have any complaint and/or demand and/or claim in connection therewith, and the Operator and/or those on its behalf will be exempt from fulfilling their obligations according to these Regulations. After the consequences of a force majeure event have ceased, the Operator and/or anyone on its behalf will continue to perform all their obligations according to these Regulations, subject to receiving your confirmation for everything required for the purpose of performing the obligation.

Messages and Addresses. You hereby expressly and irrevocably declare that the address you provided to the Operator and/or any third party as part of your use of any of the Components or execution of a transaction, will serve as a means of producing notices and documents, including court documents, if required, in any matter concerning you. Any message sent to the address that you provided in accordance with what is stated in this section, will be considered as having been delivered upon receipt of confirmation that the email correspondence has arrived in your email box and/or within 7 days of sending a letter by registered mail to your address and/or upon receipt of your confirmation or confirmation from a family member older than 16, that the notice was delivered to him.