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TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE
USING THIS WEB SITE (THE "SITE") OPERATED BY SMMOL YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
You must be 18 years or older to be able to
order from this site. You must have a valid paypal account under your name and/or a valid credit card under your name
in order to place an order from this site
Important Information About This Legal Contract You agree to this User Agreement, and all of its terms and conditions, by visiting, browsing,
shopping, accessing or otherwise using the Site. These terms and conditions are subject to change without prior notice at
any time, in SMMOL sole discretion. By visiting, browsing, shopping, accessing
or otherwise using the Site after a change has been posted to the Site, the Customer accepts that change. Customers should
check this User Agreement and the Privacy Pledge frequently
Acceptance of Contract Terms This
User Agreement, and all of its terms and conditions, constitute a legal contract between you and SMMOL (References to "you"
or "your" shall relate to a customer of SMMOL or other party that visits, browses, shops, accesses or otherwise uses the Site
(the "Customer"); references to "SMMOL" shall relate to SMMOL and its affiliates.) By visiting, browsing, shopping, accessing
or otherwise using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by this User
Agreement and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations.
If you do not agree to this User Agreement, as it may be changed by SMMOL from time to time, do not use this Site. The material
provided on this Site is protected by law, including, but not limited to, Israeli copyright law and international treaties.
This Site is controlled and operated by SMMOL from its offices in Israel. SMMOL makes no representation that materials in
the Site are appropriate or available for use in other locations, and access to them from territories where their contents
are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and
are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials
contained herein is governed by the laws of the state of Israel without regard to conflict of law rules. You consent to jurisdiction
of the federal and state courts located in Beer Sheva Israel to hear any such claims.
Access, Interference and Linking SMMOL
grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or
modify it, or any portion of it, except as provided below under "Use Restrictions," or with express written consent of SMMOL. The
following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic
device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission
by SMMOL; collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant
that supplies products competitive with or comparable to those offered on the Site; and, Any use of, visits to, or other action
that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely
functioning.
Any unauthorized use terminates the license granted
by SMMOL. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site
so long as the link does not portray SMMOL, its affiliates, or their products or services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any SMMOL logo or other proprietary graphic or trademark as part of the link
without express written permission. SMMOL does not review or control third-party sites that link to or from the Site, and
is not responsible for the contents of any third-party sites linked to or from the Site.
Use Restrictions The
copyright in all material provided on this Site is held by SMMOL or by the original creator of the material. Except as stated
herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted
in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise,
without the prior written permission of SMMOL or the copyright owner. Permission
is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided
you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.
This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately
destroy any downloaded or printed materials. You also may not, without SMMOL 's prior written permission, "mirror" any material
contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright
laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. All trademarks and
registered trademarks are the sole property of their respective owners. Photographs courtesy of respective manufacturers.
SMMOL logo is the trademark of SMMOL
Copyright © 2002 SMMOL.
Limitation of Liability UNDER
NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SMMOL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY
TO USE, THE MATERIALS ON THIS SITE, EVEN IF SMMOL OR A SMMOL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT
OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Privacy Please
review our Privacy Notice, which also governs your visit to this Site. You are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities
that occur under your account or password. If you are under 18, you may use the Site only with a parent or guardian. SMMOL
reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Communications to SMMOL Any communication or material you transmit to the Site by electronic mail
or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential
and non-proprietary.
Copyright Complaints If
you believe that your work has been copied in a way that constitutes copyright infringement, please contact: SMMOL Moshav
Zofar D.N.. Arava Phone: 011-972-86581615 Fax: 011-972-86581907 Email: epolicar@smmol.com
Disagreement with These Terms and Conditions If you disagree with any of the terms and conditions of this User Agreement, please do not
visit, browse, shop, access or otherwise use this Site.
Smmol condition of sales
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT")
VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS
THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH SMMOL. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract This Sale Agreement is a legal contract between the Customer and SMMOL. The Customer accepts
this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your"
shall relate to the Customer; references to "SMMOL" shall relate to SMMOL and its affiliates.) The terms and conditions of
this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at
the time the Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement
between the Customer and SMMOL; relating to the purchase or sale of goods or services on the Site. The Sale Agreement may
only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing
signed by SMMOL. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement.
The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected
to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic
form by contacting SMMOL at the address provided below.
In the event of any conflict between the terms and conditions
stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions
of this Sale Agreement and our invoice shall control.
Governing Law THIS
AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ISRAE, WITHOUT REGARD TO CONFLICTS OF LAWS
RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE COURTS LOCATED IN BEER
SHEVA, FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE
AGREEMENT.
Title; Risk of Loss Title
to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title
passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by SMMOL is SMALL’S responsibility.
Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software
will remain with the applicable licensor(s).
Export Sales If
goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government
certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods
may vary or even be null and void for goods exported outside the United States. The Customer should inquire further regarding
any questions. Any and all liability is only for the products purchased.
General Legal Disclaimer SMMOL
HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY SMMOL IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY,
IF ANY.
Internet Disclaimer Internet
connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms
and conditions.
Pricing and Information Disclaimer All
pricing subject to change. For all prices, products and offers, SMMOL reserves
the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors
in advertisements and other extenuating circumstances. High volume bids are welcome! While SMMOL uses reasonable efforts
to include accurate and up-to-date information on the Site, SMMOL makes no warranties or representations as to the Site's
accuracy. SMMOL assumes no liability or responsibility for any errors or omissions
in the content on the Site.
Limitation of Liability SMMOL WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL,
INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT
AS EXPRESSLY PROVIDED HEREIN. SMMOL WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES
NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE
PURCHASE OF PRODUCTS OR SERVICES, SMMOL IS NOT LIABLE OR RESPONSIBLE FOR ANY
AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
.
Orders; Payment Terms; Interest; Taxes Orders are not binding upon SMMOL until accepted by SMMOL. Terms of payment are within SMMOL's
sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice.
SMMOL may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed
by law. The Customer is responsible for sales and all other taxes associated with the order.
Freight Policy Shipping
and handling charges on all orders vary; contact your SMMOL account manager for our most current and competitive rates, options
and shipping specials. For the Customer's protection, we ship only to the verified billing address of the Customer's credit
card.
Return Policy Will
be issued if SMMOL is thoroughly convinced that the claim is valid. The “customer” must notify SMMOL within 12 hours of receiving the goods that there is a claim. Failing to do so will result in wavering
the right to claim. The customer must state what the reason for the claim is and must document that claim. Only a written
claim that is received in the SMMOL offices within 12 hours of received shipment at
the location of the customer will be processed. Only a claim that has been faxed, or e-mailed, and a written confirmation from SMMOL that the claims has been received by SMMOL, will be considered eligible
for a refund. The claim must reach the SMMOL offices at Moshav Zofar D.N.. Arava Phone: 011-972-86581615 Fax:
011-972-86581907 Email: epolicar@smmol.com
The customer must not use, resale, give away or discard
the claimed goods, and must be willing to show the damaged goods to the Smmol regional
representative, in order for the claim to be valid. Not complying with this policy
will waiver the customers right for a refund or partial refund. Smmol will consider a refund or a partial refund in accordance
with SMMOL policy of refunding claims. Smmol reserves the right to terminate all activities with any customer, or third party
without prior notice - All sales are final.
Having said this the limitation of Liability as
stated in the Limitation and Liability is not and will not be wavered in any way.
Check payment policy Smmol
will accept a cashiers check or money order. Smmol will accept personal or business checks up to $5,000 subject to verification.
SMMOL will accept personal and business checks for prepay orders, but allow 10 business days for clearing.
Credit Cards Credit
card charges are processed online after ordering the products. Time of shipment is WITHIN 48 HOURS if received on Monday, Tuesday and Wednesday. Orders received on Thursday, Friday and Saturday will be shipped
according to availability of shipping possibilities. SMMOL does not apply
any surcharge for credit cards. |