Terms of Use and Purchase

Terms of Use and Purchase

General

1. Benny’s B.R. Ltd. (Company No. 515582690) is the legal owner of the website www.bennys.co.il, which sells food products and more on the aforementioned website and/or through emails sent to the customer club and/or through other partner sites and/or on any platform where the site owner decides to promote its products (hereinafter: “the Company” and/or “the Site” and/or “the Site Owner” and/or “the Business“). Sales are made exclusively through the internet on the site or by advance telephone order.
2. The terms of use are written in masculine form for convenience only; the text refers to both genders equally.
3. Sections written in the singular constitute a declaration and agreement by the user to the written content.
4. The provisions of these terms apply to all use of the site by visitors (hereinafter: “the User” and/or “Customer“), including purchases and/or telephone purchases and/or entering and/or visiting the site and/or using and/or contacting by email and/or any other media, and by doing so you give your consent and confirmation that you have read and understood the following terms of use, including the privacy statement arising from these terms of use that appear below. If you do not agree to the terms of use, please refrain from using the Company’s services and/or the site.
5. The binding and governing version of the terms is the one published on the site at the time of purchase. The Company recommends that its users read and update themselves from time to time with the terms of use.
6. The customer must be an Israeli resident with an Israeli ID and over 18 years old, holding a valid credit card.

Purchase Terms and Products

7. The products sold on the site are primarily food products and more, their details appear on the various site pages and/or on the product page in particular, as well as additional products that the site owner decides to display in the online store.
8. Technical specifications, transaction terms including product prices will appear on the product page. The site owner reserves the right to change the product page and its contents, including the price, at any time (hereinafter: “Product Page“).
9. To order a product, select a product according to the site’s instructions—product, quantity, all according to the product context and the selection options the site offers for each product (hereinafter: “the Product“).
10. In the order form, fill in the personal details requested by the site such as name, address, phone, email, and payment method (hereinafter: “Customer Details“) and finally send the form with the customer details when they are complete, accurate, correct, and full to the site and/or the Company (hereinafter: “Placing the Order” and/or “Order“).
11. Fill in the customer details accurately to ensure order fulfillment.
12. When placing the order, the site and/or the Company will verify the customer details with the credit company to obtain approval for placing the order. Upon receiving approval, the Company will notify with an appropriate message about order approval, subject to product availability (hereinafter: “Order Approval“).
13. Products that received order approval, meaning an order was placed and order approval was received for them, will be called “Items“. Order approval may be received only after a phone call from the business and after clarification and completion of additional details such as delivery destination and setting the delivery rate and checking order inventory availability.
14. If there is no approval from the credit company to place the order and therefore no order approval was issued and/or the customer was not contacted regarding order completion, the user must contact customer service by email and/or phone as published on the site and arrange the matter. For the avoidance of doubt, the site owner will have no responsibility and will not bear any direct and/or indirect damage for orders that did not receive order approval.
15. For additional terms, see the Additional Terms section below.

Product and Item Delivery

16. The determining date for counting service and/or product delivery is from the date of receiving order approval.
17. After placing the order with the business, arranging payment, and receiving order approval, the business will begin collecting the products from the store for the customer. The business will ensure, according to the customer details and the address specified on the site and/or in the order approval and/or when placing the order, to provide the service within the agreed time frame coordinated with the customer. However, if a delay occurs not due to the Company, it will not compensate the customer in any way.
18. The Company reserves the right not to approve an order for any reason, including lack of inventory, unavailability, and more. If there is no written order approval, do not rely on the order details. If there are shortages, an organized contact will be made to update about the shortages and billing accordingly.
19. If the order is made as an installment transaction, the Company has the right to charge the shipping cost in the first payment.
20. Shipping options, their prices, and more will appear on the site in detail and/or will be provided in detail by the business in a phone call after placing the order for coordination. A new or final order approval may be required after a price update according to shipping and its rate.
21. There may be a difference between the ordered product and what is actually received. A reasonable deviation will be up to 10%. If overpaid, the amount will be refunded to the customer.
22. If delivery of the purchased product is made, the Company will not be responsible for delay and/or lateness in shipping performed by a third party and/or affected by force majeure and/or strikes and/or shutdowns and/or lack of customer response to coordinate delivery and/or any other reason that the site owner could not prevent. Such delay will not constitute a breach of commitment to deliver the product. The Company reserves the right to deliver the product after the preventing and/or delaying factor passes. The count of days for product delivery will continue from the date when the prevention interrupted the count of days.
23. Shipping companies sometimes refuse to ship to certain areas; in the described situation, an area acceptable to both parties will be coordinated.
24. The delivery service and coverage areas are at the sole discretion of the site owner and are within the borders of the State of Israel and only in certain areas defined from time to time on the site (hereinafter: “Delivery Area“). The business reserves the right to change the delivery areas without prior notice at any time.
25. If the Company finds that there is a prevention for a reason not rooted in the Company that the item cannot be delivered to the buyer and no other suitable solution is found, the Company may cancel the transaction at any time until product delivery. If the transaction is canceled, the customer will be entitled to a refund through the payment method used for the original order and/or credit card charges will be canceled and/or a credit will be made in the amount of the charge. It is emphasized that the customer will not be entitled to any compensation of any kind due to transaction cancellation.
26. The customer must inform the Company if the item was not received within the delivery period specified on the site.
27. At the time of product delivery, the Company and/or anyone on its behalf may require the presence of the credit card holder during item delivery and/or their signature as a condition for item delivery.
28. Shipping terms will be carried out according to the details on the product page and/or according to the final order details if different information is recorded from the site terms.
29. The count of days will begin from the moment of receiving order approval and actual payment in the Company’s computers as stated.

Cancellation of Purchase Transaction

30. The user may cancel a transaction made on the site according to the Consumer Protection Law, 1981 (hereinafter: “Consumer Protection Law“) and according to the product return policy published from time to time at the Company’s discretion and as required by law.
31. Order cancellation will be made from the day the order was placed up to fourteen days from the day of receiving the product or receiving a document prepared according to Section 14C(b) according to the Consumer Protection Law. The site owner reserves the right to also allow cancellation within 14 days from the day of receiving the product. The product will be returned at the buyer’s expense when it is in new condition and/or not damaged. After inspection and approval by the business, the buyer will be entitled to receive a full refund according to the payment method used for the transaction. All in coordination of product return using the contact details appearing on the site and/or in these terms. Cancellation will not be possible for products that meet the definition of perishable goods such as vegetables, fruits, and meat that cannot be returned and/or canceled. Other food products within 48 hours provided they are sealed.
32. The cancellation terms mentioned above will not apply to products and/or items produced according to the provisions of the Consumer Protection Law in Section 14(c)d—goods produced especially according to the consumer’s order. Unless the business agrees to this beyond the letter of the law and under its conditions, if published from time to time on the site. Transaction cancellation will not be possible less than 48 hours from the date of service delivery. Cancellation will be made by fax and/or email to the Company and/or any other way the site owner deems appropriate and publishes on the site.
33. In case of order cancellation according to the above rules, the customer will be charged a cancellation fee of 5% or NIS 100, whichever is lower, and according to law. Cancellation fees will be charged at the site owner’s discretion.
34. Order cancellation is subject to the customer returning the product to the business, if already received, at their expense in its original packaging, complete and/or without damage and/or defect and/or deterioration when it is in new condition and/or without defect, intact and without any use. All in the context of the circumstances of the sold product.
35. The terms will apply to products according to the Consumer Protection Law.
36. If you received a product that appeared different to you on the site itself in its dimensions, color, and the like, contact the business in an organized manner and in writing within 14 days as stated. The business has sole discretion whether to accept the product back. However, it is recommended to read the additional terms below about the efforts the business tries to make to reflect the products on the site as they are in reality despite the limitations involved—color, proportions, and more.
37. If you received a product you suspect is defective, contact the business in writing and transfer it to the business for inspection. A product found to be defective will receive a full credit and/or the business may repair it, but no claim for any compensation will arise.

Transaction Cancellation by Site Owner

38. If the product is out of stock, the Company will offer an alternative product and/or refund. The Company will not bear the customer’s damages if claimed as such; the Company will have the right to cancel the transaction. In any case, inventory verification will be done after placing the order and before order approval.
39. If the customer details were not properly entered for any reason, the Company may cancel the purchase transaction at its discretion.
40. When the order was placed unlawfully and/or not according to these terms, the Company will be entitled to cancel the transaction.
41. Notice of order cancellation will be sent to the customer according to the details provided.
42. If any clerical error occurred in the offer and/or order, the Company will be entitled to cancel the transaction.

Product Warranty

43. The Company maintains product freshness and quality, but if the product is defective and/or causes any damage, contact the site management to clarify how the matter can be arranged. In any case, it is advisable to take reasonable measures to use the product according to the materials and ingredients of that product and/or instructions on the product packaging and/or what is customary in this field of products. It is emphasized that the warranty—its validity and scope of application will be according to the product context, its ingredients, suppliers, and the policy of that external supplier if any. If there is no specification for product maintenance, the binding rules will be as customary in the market and/or according to the supplier’s and/or business’s instructions, all according to the context and circumstances of the case and product.
44. All information displayed on the site and/or in catalogs regarding site products attempts to represent reliable and accurate information within technological limitations. The Company will not be responsible for any damage except in cases under its full control. The amount of damage will be up to the order amount only.
45. If the site owner performs shipping through third parties on its behalf, beyond the letter of the law it will handle inquiries related to shipping such as damage caused to the product during shipping by the courier company and/or delay in product delivery dependent on couriers and the like.
46. In no way will the site owner bear any responsibility of any kind, direct and/or indirect, for direct and/or indirect and/or reliance-based and/or other damage in any matter, including any other matter, including in cases where the Company does not have full control and/or is not rooted in it.

Customer Service

47. If support is needed, the Company will provide an email published on the site for inquiries and questions. The Company will respond as soon as possible to those who left their contact details.

Site Contact Details

48. Phone: 02-9955888
49. You can contact us with any question, request, or matter.

Information Confidentiality and Privacy Policy

50. The Company will make a reasonable effort to keep user details and not transfer them to third parties, as long as there is no legal necessity to do so. However, the site’s activity is performed in an online environment and therefore the Company cannot guarantee absolute immunity from intrusions into its computers or exposure of information stored by perpetrators of illegal actions, and if an external factor penetrates the information held by the Company and/or uses this information, the user will have no claim, lawsuit, or demand against the Company of any kind whatsoever.
51. Customer details may be used to send details about additional products by email, only after the user’s consent and/or notification, all according to law.
52. Site users declare that they are aware that the Company collects statistical information about its users’ activity on the site, including through the use of cookies technology and other analytical tools for marketing and business purposes, to adapt the site to user preferences, and the like.
53. Cookies are text files that the user’s browser creates by command and saves on the hard drive of the user’s computer. These files contain various information, including the pages the user visited, the length of time spent on the site, where the user came to the site from, information the user requests to see when entering the site, and more.
54. The Company encrypts vital information using accepted technologies and according to legal requirements. For example, using SSL technology to transfer encrypted information such as payment methods as customary on e-commerce sites.

Intellectual Property and Site Ownership

55. All rights to the site, including images, the products themselves before and after their sale, site design, logo, interface, site structure, software, applications, computer code, graphic files, text, and any other material included in it, are property belonging to the Company and its intellectual property and/or anyone on its behalf and/or a third party that authorized use of the property. Do not copy, modify, publish, transmit, transfer, sell, distribute, or make any commercial or other use of the site’s content or any part of it without prior express written consent from the Company or the original rights holder. Any violation of the above in this section may result in copyright infringement, trademark rights, and/or other intellectual property rights, in a manner that may impose criminal and/or civil penalties and/or fines on the user.
56. The content displayed on the site is the full and exclusive property of the Company, and entering the site does not grant any license and/or any right to it.

Site Content and Advertisements

57. If the Company and/or the site collect the user’s email and inform the user that they may contact them with marketing offers, the user declares that they consent to the Company and/or anyone on its behalf being entitled to contact them from time to time with marketing and advertising offers, including through direct mail, SMS messages, email, facsimile, automatic dialing system, and/or through any other means of communication whatsoever, and that they will have no claim and/or demand and/or lawsuit, including under the spam law, Section 30A of the Communications Law (Telecommunications and Broadcasting), 1982.
58. The user declares that they will have no claim regarding advertisements and/or promotions displayed on the site. It is emphasized that the “product screen” page prevails if there are discrepancies between promotion details in the advertisement and the product page; the user will have no claim in this matter.
59. The user declares that they are aware that the site collects details about them as stated and may from time to time be shown advertisements to improve their shopping experience and/or interest them in additional and/or complementary products and the like.

Limitation of Liability

60. For weighed products, billing will be done according to actual weight. During the order process, weight estimation will be made for the order only. During picking, the accurate and final actual weight assessment of the weighed products in the order will be made. Note that actual billing is done according to the actual weighing of the products.
61. If the site and/or the service offered on the site and beyond, which uses third-party services, it will be noted that the site owner will not bear indirect and/or direct damage to the buyer and/or another person.
62. Moreover, it will not bear responsibility related to service allegedly provided by the site owner in this matter, such as but not limited to data transfer and/or product delivery and/or accuracy of data related to the site due to third-party and/or external service failure. All such and other responsibility lies with the third party, namely the service provider for which they were hired.
63. The Company makes every effort to make the site available continuously without interruptions; however, from time to time there may be no access to the site.
64. The site owner reserves the right to limit the number of products each customer and/or orderer may purchase.
65. The Company is not responsible for any damage caused to the site buyer, consequential, direct, reliance-based, punitive compensation, and more. In particular but not only in the following cases:
    • 1. Use or ability to use the site on all its levels—content, other capabilities, and more.
    • 2. Messages, letters, and/or any content the user received from the site and/or the Company.
    • 3. Reliance on information published on the site whether by the Company or by third parties.
    • 4. Damage caused by error and/or clerical error in the accuracy of information details displayed on the site.
    • 5. Reasonable and unreasonable wear of the purchased product before and after 14 days according to the product return policy in these terms.
66. The above liability limitations do not summarize all liability limitations as arising from other sections of the terms, particularly regarding privacy but not only. In any case, the site’s liability limit will be the amount of the price paid by the customer at most.

Additional Terms

67. The Company reserves the right if items are out of stock to notify the user and provide an alternative product if the user wishes or cancel the transaction. All at the Company’s sole discretion.
68. The Company reserves the right that order processing time will be up to 3 business days. At the end, it will notify the user if there is order approval. The Company will make an effort to reduce this time.
69. The Company has the right to update the product page with all its details from time to time, remove products that are out of stock, and more. It is clarified that the images are for illustration only; there may be changes between the images and the offered product that will actually be delivered, which result, among other things, from the images being displayed on a computer screen whose shades and colors are sometimes different from the product in reality. It is noted that the site owner makes every effort to try to reflect the products on the site as accurately as possible within accepted technological limitations. Therefore, if you received a product with a significant gap between the item ordered on the site and the product you actually received, contact us using the contact details for further inspection. There may be differences in shades and proportions of the products as stated.
70. Prices stated on the site include VAT as required by law unless explicitly stated otherwise.
71. The Company and anyone on its behalf have the exclusive right to add and/or remove products offered for sale on the site and to determine their method of sale and price, including shipping fees.
72. Although the Company supervises the information and its accuracy, the Company and/or anyone on its behalf is not responsible for any result that may arise from an error, omission, inaccuracy, or misleading information appearing on the site. It is clarified that the Company is not responsible for direct and/or indirect damage and/or loss that may be caused by data displayed on this site.
73. Notice of order approval does not constitute evidence of transaction execution and does not bind the site. Only records recorded in the Company’s computers will constitute conclusive evidence of transaction accuracy.
74. Chapter headings serve for convenience and orientation and will not be used in interpreting the terms of use.
75. If there are contradictions between sections, those more reasonable in the circumstances and context will prevail.