Terms and conditions
A. General
1. The internet website “https://ecs-tv.com” is a website displaying internet and mobile solutions for businesses and organizations (hereinafter: “the Website”), operated by E.A. ECSUK LTD (company number 560028557) (hereinafter: “the Company”). Wherever the term “the Company” appears in these Rules and Regulations, this also refers to “the Website” and vice versa, respectively.
2. These Rules and Regulations (hereinafter: “Rules and Regulations”) constitute the basis for using the Website and they alone arrange the legal relations between the Company and anyone choosing to use the Website (hereinafter: “the User”). Any use of the Website, will constitute the User’s consent to the conditions in these Rules and Regulations. Any User who disagrees with these Rules and Regulations, is asked to refrain from using the Website.
3. The Company and/or anyone on its behalf, will not be responsible nor bear any direct, indirect, consequential or special damage caused to a Website User and/or third party, as a result of using or making a purchase through the Website which was not done according to the Rules and Regulations, including loss of income and/or prevention of profit caused for whatever reason.
4. The Company reserves the right to occasionally amend these Rules and Regulations according to its sole discretion, without having to provide any warning and/or advanced notice.
5. The Website might contain links to websites or third-party features, including advertisements, pictures or information. The information on the Website might contain third party content not controlled and/or connected to the Company. For the avoidance of doubt, the Company will not be liable in any way for third party services or features or content as aforesaid. The Company is entitled to remove from and/or add any links to the Website, according to its sole discretion.
6. Not to undermine the generality of the said and not to derogate from any other remedy or proceeding, it is clarified that the Company will be entitled to deny a User access, if according to the Company’s sole and absolute discretion, that User performed or attempted to perform an act with the Website contrary to the law and/or the provisions of these Rules and Regulations and/or that might undermine the Company and/or its reputation and/or any third party, in any way. The Website’s electronic records, including details as entered by Users, will constitute conclusive and final evidence of the correctness of actions performed by a User on the Website.
7. The Company employs efforts to ensure that the information presented on the Website is complete and accurate, yet such information might contain inaccuracies and/or errors, in good faith. The Company will not be liable in any way for such information.
8. The interpretation and enforcement of these Rules and Regulations and/or anything resulting from them, will be in accordance only with the laws of the State of Israel and if necessary, will be clarified only before the authorized courts in the district of Tel Aviv and Center (in the State of Israel). In case of any contradiction between the provisions of the applicable Israeli law and the provisions of these Rules and Regulations, the applicable law will prevail.
9. In any question and/or clarification concerning operation and the activity of the Website, please directly contact the Company’s Customer Services (using the contact details specified at the end of these Rules and Regulations). The Company will employ maximal efforts to address each inquiry as soon as possible.
10. The Company reserves the right to cease activity of the Website at any time and for whatever reason.
B. Manner of using the Website
1. A Website User is anyone using the functions of the Website, both directly and indirectly, including anyone performing a purchase through the Website, a visitor, surfer and/or anyone performing any other permitted use of the Website, whether on a computer, mobile phone or any other way.
2. Every User declares, agrees and undertakes to comply with all the following terms:
2.1 Not to transfer, collect or use the contents and/or items and/or any other information found on the Website, whether the said information belongs to the Company and whether it belongs to a third party, unless for purpose of getting an impression of whatever is displayed on the Website or to make a purchase on the Website.
2.2 Not to upload any offensive, illegal content or content breaching any third-party rights, including and not to undermine from the generality of the aforesaid, contents that include violence, nudity, discrimination, damages a third party, defamation, bullying, harassment, abuse, threats, impersonating or frightening people or entities, private or confidential information etc. The Company will be entitled to immediately and without any notice, terminate any use by a User violating the aforesaid and/or prevent that User from any future use of the Website.
2.3 Not to use the Website for any illegal, offensive or sabotaging purpose which will interrupt, disrupt, alter, destroy, damage, limit or effect the regular activity of the Website in any other way, including and not to derogate from the generality of the aforesaid, by viruses, worms, trojan horses, spyware, malware or any other destroying or disrupting measure or technology.
3. The User is entitled to use the Website’s services for legal purposes only, all according to the law and according to the terms of these Rules and Regulations, in good faith and for its use only and not for any other purpose, including, yet not only, for purpose of resale and/or presentation without permission on other websites and/or performing purchases with one or more objective of fraud and/or performing any act and/or omission that can damage the Website and/or its regular activity and/or third parties.
4. The User declares that he or she accepts all the said in these Rules and Regulations, including all its various sections and agrees to act according thereto.
C. The products offered on the Website and prices
1. The products presented on the Website (hereinafter: “the Products”) are produced by various manufacturers, as specified in regard to each product (hereinafter: “the Manufacturers”).
In this regard it is clarified and emphasized that the Company is not the Manufacturer of the Products and does not provide any services concerning the Products, which are only provided by the Manufacturers.
Additionally, it is also clarified that using certain Products, such as software services, cloud services etc, as well as operating the Manufacturer’s warranty, requires advanced registration/opening an account on the Manufacturer’s Website, including providing details regarding the User, contact details, identification measures, serial number of the Product etc, according to the provisions specified on the Manufacturer’s website.
2. Photos of Products provided by Manufacturers, are intended for illustration only and there might be differences between the appearance of the Products as they appear in the photo and the actual Products, including in terms of color, shade, measurements etc.
3. The specification of the Product and its main features, Manufacturer’s name, price of the Product, the Manufacturer’s warranty terms for the Product (hereinafter: “Warranty Terms”) and the Manufacturer’s term of use in the Product. are all mentioned (including through a link) for every Product. All the Product details (except the price of the Product) were provided to the Company by the Manufacturer, are presented on the Website precisely as provided by the Manufacturer and are the sole liability of the Manufacturer. If there is any error in the details of the Product, this will not bind the Company, the Company will not bear any liability for this and in any case will not be obligated by any liability exceeding the consideration paid to the Company for the purchased Product. Not to undermine from the aforesaid, it is agreed and clarified that the Company will try its best in order to present the most accurate information possible regarding the Products on the Website.
4. Selling through the Website is subject to available inventory in the Company’s warehouses. The Company will do its best in order to maintain a current inventory of Products of the model offered for sale on the Website, yet since the scope of inventory constantly changes, the Company does not and cannot undertake to maintain inventory of all the models of Products whose pictures and details appear on the Website at all times.
5. All the prices of Products, as they appear on the Website (hereinafter: “the Prices”), are in USD and are presented for payment using a credit card, as recently updated before the User entered the Website. The Prices include VAT (if any VAT applies to the transaction). Purchasing the Products is done with credit cards only, using the types of cards specified on the Website and all according to the credit card companies’ conditions (including specific terms determined by the credit companies regarding the User, as well as the possibility of a credit line, using the card, collecting interest etc).
The Company does not charge commission or interest for payment with a credit card, including dividing the charge into installments, yet it is possible that the credit card company charges commission or interest from the User.
6. Shipping costs for shipping the Product from the Company’s warehouses to the customer (as defined below) (hereinafter: “Shipping Costs”) will be added to the price of the Product. The rate of Shipping Costs depends on the location for supply of the Product, the Price of the Product, size and weight of the Product, number of Products per package, pricelist of Shippers that the Company uses to send the Product etc. The Shipping Costs will be specified upon ordering the Product, yet before paying for the Product.
The User should note that according to the rules in the User’s country of domicile, the Product might be charged with customs and other mandatory payments and, in this case, the User will be solely liable for paying customs and other mandatory payments, including liability for releasing the Product from customs (with all costs entailed therein, including commission and storage costs, legal costs etc) and the Company will not have any liability in this regard.
7. The Company updates Prices of Products and Shipping Costs on the Website from time to time and therefore, there might be differences between the Price presented beside the Product upon adding the Product to the shopping cart and the Price (including Shipping Costs) that the User will be asked to pay upon completing the order process. The determining Price for each Product (and Shipping Costs) is the Price that the User will be asked to pay upon completing the order process. For the avoidance of doubt, the Company will not bear any liability resulting and/or associated with Price differences as said.
8. The Company is entitled to update and change Prices without having to provide advanced notice, all according to its sole discretion.
9. The Company is entitled to publish and/or offer discounts on Prices and any other benefits to Website Users, according to terms to be determined by the Company from time to time, according to its sole discretion. The Company will be entitled to withdraw any discount or benefit as said immediately and without advanced notice.
D. Process of purchasing products
1. The User should note that different countries have various laws regarding import and use of the Products, licensing requirements referring to the Products etc. Before ordering any Product, the User must ensure that there is no prevention or limit, in terms of the law that applies in his or her place of domicile, on importing and using the Products and if a license or special permit are required, that the User is capable of obtaining that license or permit.
2. Before making a purchase on the Website, the User is required to fill in an order form with the User’s details (including address for shipping the Product, contact details, identification details etc) and payment method (hereinafter: “Order Form”). Filling in the necessary details in the Website’s Order Form is an essential precondition for making a purchase on the Website. In order to guarantee a speedy, efficient and smooth order, the User make sure to fill in all the details required on the Order Form in a correct and accurate manner. The User alone will be responsible for filling in the details and the correctness thereof. The Company is not liable for entering false details, any problems that occurred as a result thereof and will not bear any expense or damage caused to the User as a result thereof.
3. In order to receive certain services through the Website (including completing the purchase process), the User might be asked to select and enter a username and unique password, to be used by the User for the Website. The User is not entitled to use another user’s username or to use a username or password used by another user or select a username or password that are inappropriate, offensive, breach any third-party rights or are in any way contrary to these Rules and Regulations, the provisions of the law and public regulations.
The User is not entitled to disclose his or her username and password to another or to allow another to use his or her username and password. The User undertakes to properly secure his or her username and password. It is hereby clarified that the Company will not be liable for any damage, lack or impairment caused to the User as a result of exposing the User’s username or password to another and any damage, lack or impairment as said, caused to the Company or the User or any third party, will be the sole liability of the User.
4. Providing false details (including impersonating another) in the Order Form can constitute a criminal offense and anyone doing so might be exposed to criminal and/or civil legal proceedings. Not to undermine from the aforesaid, the Company reserves its right to cancel or not execute an order in any case of providing false, partial or inaccurate details by the User.
5. A purchase on the Website is conditioned and subject to approving the transaction by the credit company, as well as approving the transaction by the Company. If the transaction was not approved by the credit card company and/or the Company, the User will receive a suitable notice and his or her account will not be charged for the transaction. If the transaction was not approved by the credit card company, the User will be returned to the payment page and asked to enter an alternative payment method. Liability for filling in details concerning the User’s credit card details applies only to the User and the Website will not be liable for any false details that were entered.
6. Completing the sales process is conditioned by approving and verifying the transaction by the Company with a verification notice that will be sent to the User’s email after performing the order (hereinafter: “Verification Notice”). Only sending a Verification Notice constitutes the Company’s consent to the transaction. Upon completing the sales process a document containing the main details of the transaction will be sent to the orderer’s email, including the Company’s details, main properties of the Product, the Product Price (including Shipping Costs), payment terms, supply methods and date, the Customer’s right to cancel the transaction (as specified below), the Manufacturer’s name and country of manufacture, information regarding the Manufacturer’s Warranty etc (hereinafter: “Transaction Details Document”).
As aforesaid, since the inventory of Products varies constantly, the Company does not and cannot undertake to maintain inventory of all Product models that appear on the Website at all times and therefore, despite sending the Verification Notice and Transaction Details Document, it is possible that the purchased Product will not be on stock. In this case, the User will be given the option of receiving a substitute product for the same price (as presented on the Website at the time) instead of the Product, to wait for the Product in shortage to return to the Company’s inventory or cancel the transaction and receive a refund for the amount paid by the User for that Product.
7. If the Verification Notice and/or Transaction Details Document were not provided and/or received by the User as aforesaid for whatever reason, the Customer will act without delay to inform the Company by contacting Customer Services.
E. Email marketing, the Company contacting the User
1. Upon entering the Website, the option of registering for the Website’s mailing and advertising list will be offered (hereinafter: “Mailing List”). A Customer interested in unsubscribing from the Mailing List after registering, can do so at any time and without difficulty, through the link on the bottom of the email received or by sending notice to the Company’s Customer Services (according to the Customer Services contact details specified at the end of these Rules and Regulations) and the Company will remove the Customer from the mailing list within reasonable time after receiving the notice.
2. The Company reserves the right to send the User reminders about completing orders of Products in the shopping cart, by sending the User an email and/or SMS and/or any other way, according to the contact details entered by the User.
3. Sending notices by the Website to the User in any way, including emails and/or SMS and/or any other way, as part of operating the Website and/or providing services to the Website User, such as: sending Verification Notices and Transaction Details Documents as defined above, reminders to complete an order, notices regarding inventory and shipping of Products, notices of cancelling a transaction or any other matter associated with a User’s order or transaction, does not constitute “advertisements” as defined by law and for the avoidance of doubt, the User hereby consents to the Website sending such notices.
4. For the avoidance of doubt, the provisions of these Rules and Regulations apply to purchasing Products through the Website. The provisions of an agreement signed between the parties will apply to sales not done through the Website.
F. Shipping products, paying customs, import tax and other mandatory payments
1. The User should note that Products cannot be shipped to certain countries and before placing an Order, the User must verify that the Product can be shipped to the User’s place of domicile.
2. Shipping/delivering a Product to a Customer is conditioned by payment of the full consideration (including the Shipment Cost) for the Product by the Customer.
3. The User has the option of personally collecting the purchased Product from a collection point, as occasionally determined by the Company, whereas in this regard it is clarified that the Company does not undertake to manage collection points as said in every country worldwide. Personal collection will require presenting the Customer’s ID/passport, presenting the credit card used for paying the consideration for the Product and additional details, as well as the Customer’s confirmation that the Product was received and was checked to be intact.
4. Additionally, by choice of the User or under circumstances where according to the Company’s decision there is no collection point near the User, the Company will ship the Product to the address provided by the Customer with postal services or other Shippers (such as DHL), according to the Company’s discretion (hereinafter: “Shippers”). The Shipping Costs from the Company’s premises to the address provided by the User are included in the Shipping Costs as defined above.
5. Upon ordering a Product, the Company will provide the User with an estimate for the expected supply date of the Product with the Shippers, according to the estimate of the Shippers. The Company will not be liable for any delay in providing the Product through the Shippers and in any case, will not be liable for any delay in supply due to force majeure (as defined below). Furthermore, the Company will not be liable for any damage caused to the User by an act or omission by the Shippers and/or anyone on their behalf and in any case, will not be liable for any damage as said, which was caused by force majeure (as defined below).
Not to undermine from the aforesaid, it is clarified that the Product might be detained by the customs authorities (or other regulatory bodies) upon entering the Customer’s country of domicile and the Customer must verify the local laws concerning import certificates for the Product to that country. The Customer will be solely liable for releasing the Product from customs and receiving all other regulatory certificates as said (and will bear any costs entailed therein) and the Company will not be liable for any of the above, including will not be liable for any delay of the Product by customs or any other competent authority.
6. It is clarified that the Product will only be supplied to the Customer after completing the purchase process, meaning after the order was received in full in the Website’s information systems, provided that the Company and the credit card company approved the transaction and a Verification Notice (as defined above) was sent to the Customer.
7. Not to undermine from all the aforesaid, if the Customer provided his or her consent to leave the shipment outside his or her abode (for example outside the door, with a third party, whose details were provided by the Customer etc), the Company will not be liable for any damage and/or loss and/or indirect or consequential or other damage caused to the shipment as a result thereof.
8. In areas with restricted access in terms of logistics/security etc, as applicable, the Company will be entitled to supply the Product to the Customer in a nearby and acceptable location after prior scheduling with the Customer and/or to supply the Product on supply dates that are different than those indicated above. Not to undermine from the aforesaid, upon placing the order, the Customer will be liable for verifying that the Product can be shipped to the requested address.
9. The supply dates specified above do not apply to Products not on inventory. In cases that a Product on the Website is out of inventory and this will only be discovered after performing the purchase, the Company will contact the Customer, the Customer will not be charged for the transaction and the order will be cancelled, unless the Customer will be interested in purchasing a substitute product or to wait until the Product is restocked by the Company. For the avoidance of doubt, the Company will not be obligated to sell the Products and the Customer will not have any claims and/or demands in this matter for any type of direct and/or indirect damage caused to the Customer and/or any third party, subject to the Company refunding the Customer for any amount paid if the Customer did indeed pay the Company and/or cancel the charge if executed, unless the Customer is interested in purchasing a substitute Product or to wait until the Product is restocked by the Company.
G. Warranty, post purchase services
1. The Products are manufactured by Manufacturers and complete warranty for the Product, including services provided to the User after purchasing the Product, applies to the Manufacturers according to the Warranty Terms specified for each Product.
2. Not to derogate from the aforesaid, it is possible that a condition for realizing the Manufacturer’s warranty of a Product is that the User registers the purchased Product on the Manufacturer’s website in the manner specified in the manufacturer’s website, including providing the Customer’s details, contact details, the Product’s serial number etc.
3. Not to derogate from the aforesaid, the terms for realizing the Manufacturer’s warranty is using the Product according to the Product’s terms of use, as specified by the Manufacturer.
4. Purchasing a Product by a User constitutes the User’s full consent to the warranty terms specified for the Product by the Manufacturer, including the terms for realizing the Manufacturer’s warranty, the manner of providing service by the Manufacturer after the purchase etc.
5. The Company is not liable in any way for the Manufacturer not fulfilling the Warranty Terms, providing warranty services for the Product and providing any services for the User in regard to the Product after purchasing the Product and liability for the said will apply solely to the Manufacturer according to the Warranty Terms.
H. Cancelling a transaction by the Customer
General
1. Only the ordering Customer, meaning the person whose credit card was used to pay for the order (above and hereinafter: “the Customer”), even if the shipment was addressed to another, is entitled to cancel the transaction, subject and according to the conditions of the Consumer Protection Law, 5741-1981 (hereinafter: “the Law”) and the said above and below.
2. Any refund provided by the Website will only be transferred to the credit card used to pay for the purchase and according to the credit card company’s schedule. If the credit card cannot be credited due to a reason associated with the credit card company (for example if the credit card was cancelled), the refund will be done by cheque sent to the Customer’s address as provided by the Customer on the Website or any other manner agreed between the parties.
3. Subject to the terms specified below, the Customer is entitled to cancel the transaction by giving the Company’s Customer Services notices in any of the methods mentioned below (hereinafter: “Cancellation Notice”). The Cancellation Notice will include the Customer’s full name, ID, order number and the Customer’s telephone number.
Cancellation for a reason other than a defect in the Product
4. A Customer is entitled to cancel the transaction for a reason other than a defect in the Product and receive a refund as specified above and below, subject to fulfilling all the terms specified below:
4.1 The Product was not used, whereas for this purpose it is clarified that any connection of the Product to electricity, constitutes use of the Product;
4.2 The Package of the Product was not damaged and is returned together with the Product;
4.3 The Product was not damaged, impaired, ruined, got dirty or was handled or repaired or there was any attempt to handle or repair the Product by the Customer and/or anyone on behalf thereof or was damaged in any way or there was any other adverse change in the condition of the Product;
4.4 The Product was purchased for personal, household or domestic use only and was not purchased for commercial or business use or for any organization or entity.
4.5 The Customer provided the Company with the Cancellation Notice not later than 14 days from the date that the Product was delivered to the Customer (subject to the provisions of the Law regarding cancelling a remote sales transaction by a person with disability, a senior citizen and new immigrant, as defined in the Law). For purpose of this section, delivery of the Product is the time that the Product was delivered to the Customer’s address (as mentioned by the Customer) or at the collection point or to the location where the Customer requested to receive the Product.
4.6 The Product will be returned to the Company in the manner specified above and below in its original packaging;
5. Not to undermine from the aforesaid, it is hereby clarified that the Customer is not entitled to cancel a transaction for a reason other than a defect in the Product, for each of the following Products:
5.1 Products ordered and/or designed and/or assembled especially according to a special order by the Customer;
5.2 Products that can be recorded, copied or duplicated and their packaging was opened;
5.3 A product that is software or a Product that is considered information as defined in the Computers Law, 5755-1995;
5.4 2nd rate Products or Products sold with defects presented to the Customer;
5.5 More than 14 days have passed from the date that the Product was delivered to the Customer;
5.6 A Product sold at a discounted price of more than 10% (ten percent) from the regular price of the Product before the discount.
6. In case of cancelling a transaction for a reason other than a defect in the Product, the Customer will be entitled to return the purchased Product in one of the following ways: (1) independently to one of the collection points determined by the Company and after receiving confirmation from the Company’s Customer Services or (2) return by collection from the Customer’s address with Shippers; return as said entails payment of return costs by the Customer (including the Shippers cost), according to the cost that the Company will inform the Customer.
7. Subject to the provisions of the Law, in case of cancelling a transaction for a reason other than a defect, subject to the Customer complying with all the terms specified above and below, within 14 business days (as the term is defined below) from the date of returning the Product to the Company (in one of the manners for returning Products specified above), the Company will refund the Customer for part of the transaction price paid by the Customer, after deducting cancellation fees in the rate of 5% of the transaction price or an amount equaling 100NIS, whichever is lower and if the credit card company charged clearing fees from the Company for the payment performed by the Customer, the said clearing fees will also be deducted (all the above will hereinafter be referred to as: “Cancellation Fees”) by crediting the Customer’s credit card used to pay the consideration of the transaction (above and hereinafter: “Refund”). In such case, the Company will provide the Customer with a copy of the notice to cancel the charge.
In these Rules and Regulations, “business days” mean Sunday to Thursday, not on Christian and/or Muslim and/or Jewish holidays and rest days.
If the transaction was cancelled by the Customer before sending the Product to the Customer (if the Product is on inventory) or before the Company ordered the Product from the Manufacturer (if the Product is not on the Company’s inventory), the Customer will not be charged any Cancellation Fees.
8. For the avoidance of doubt, if the Product was returned to the Company and after its return it became clear to the Company that the Customer did not comply with the terms specified above in regard to canceling a transaction for a reason other than a defect in the Product, the Customer will not be entitled to receive a Refund and the Company will invite the Customer to take back the Product, at the Customer’s expense.
Cancellation due to defect in the Product
9. Subject to the provisions of the law, if the Customer will cancel the transaction due to a defect in the Product or material incompatibility between the Product and the details provided to the Consumer concerning the Products (above and hereinafter: “the Defect”), the Customer will give a Cancellation Notice to the Company’s Customer Services (in one of the ways mentioned below), the matter will be checked with the Customer and if the request will be justified, subject to the following, within 14 business days (as defined above) from the day that the Customer returned the Product to the Company (at the same location where the Product was delivered to the Customer, after scheduling with the Company), the part of the transaction price paid by the Customer for the defected Product will be refunded to the Customer (using the credit card used by the Customer to pay the transaction price), the charge for the transaction will cancelled, the Company will provide a copy of the debit cancellation notice and will not charge any Cancellation Fees from the Customer.
10. The Customer’s right to cancel a transaction due to a Defect in the Product will not apply to each of the following:
10.1 The Manufacturer is obligated to repair the Defect according to the Warranty Terms;
10.2 The Customer and Company agreed to replace the Product with a different Product;
10.3 The Customer used the Product not according to the Manufacturer’s instructions;
10.4 The Defect was caused by an intentional or negligent act by the Customer or a third party, other than the Company;
10.5 The Customer did not check the Product immediately upon receiving the Product;
10.6 The Customer did not inform the Company of cancelling the transaction due to a Defect within 7 days from the time of discovering the Defect by the Customer;
10.7 The Customer did not allow the Company’s representatives to check the Product;
11. It is hereby explicitly clarified that except for receiving back the Product and refunding the Customer as said, the Company will not bear any liability for any damage caused to the Customer and/or anyone on its behalf, due to any fault or Defect discovered in the Product.
Not to derogate from the aforesaid, in any case, the Company’s liability for any damage caused to the Customer as a result of the Product, will not exceed the amount paid by the Customer to the Company for the Product.
I. Cancelling the transaction by the Company and/or Website
The Company will be entitled to cancel the transaction or sale, entirely or partially, in the following cases:
1. If any section from the sections of these Rules and Regulations and/or any other binding document and/or terms of services offered by the Website, were breached;
2. If it will become apparent that the Customer entered wrong details upon registering for the Website and/or performing the order;
3. If an act or omission was performed by the Customer and/or someone on his or her behalf that might impair the Website and/or any third parties, including Customers, the Website workers and suppliers;
4. If using the Website allowed and/or encouraged and/or assisted in performing an act of negligence or illegal act, according to the laws in the relevant countries or any other applicable law;
5. When the Customer owes the Company any debt (whether in regard to a cancelled transaction and whether in regard to different transactions) and the date for payment thereof has passed;
6. If there was any mistake, including a clerical error and/or technical malfunction in presenting the Product on the Website, whether in terms of its price or the description of the Product and/or shipping the Product;
7. In case of prevention and/or delay due to matters that are not controlled by the Company, such as and without undermining the generality of he said: acts of war, animosity, terror, cyber-attacks, complete or partial shutdown of the Company’s or Manufactures or Shippers activity or that of any other body providing the Company with services for supply of the Products to Customers, disruption in activity as a result of governmental orders, intentional or unintentional sabotage of the Website or the Company’s IT systems, strikes and lockdowns, irregular nature events, errors in clearing credit cards and any other reason not controlled by the Company (above and hereinafter: “Force Majeure”).
8. If there is fear that a purchase is performed as part of wholesale purchases and/or for purpose of resale by the buyer or anyone on his or her behalf;
9. If the Product is out of inventory after or before performing the sale. If an order was cancelled as said, the Website will not be liable and will not bear any damage caused to the Customer and/or third party, including yet not only, damage for purchasing the Product from a third party at a higher price;
10. When the Company fears that the consideration for the purchase will not be received and/or the Customer’s credit card was blocked and/or limited for use in any way;
Without derogating from the aforesaid, the Company will be entitled not to approve an order for additional reasons, according to its sole discretion.
J. Intellectual property and copyrights
1. The Website and the contents thereon, including without undermining from the generality of the aforesaid, trademarks, including the commercial names ” ECS-Tv”, “ECS – European Communication Services”, the Website design, graphics, logos, sketches, data, models, designs, illustrations, music, photographs, pictures, maps, audio segments, video segments, texts, patents, domain names, product names, model names, version of terms of use, versions of warranty conditions etc (hereinafter in this chapter: “Intellectual Property”), protected by copyrights, patents, trademarks, designs, international design rights etc, in Israel or outside Israel and in any case, belong exclusively to the Company or other third parties (including any of the Manufacturers).
2. It is absolutely prohibited to copy and/or duplicate and/or distribute and/or sell and/or publish and/or present on any media and/or use Intellectual Property and/or perform any act and/or use, including personal and/or commercial use, directly and indirectly, of the Intellectual Property, unless the Company or the holder of the rights of the Intellectual Property, gave explicit permission in advance and in writing.
3. The User undertakes not to perform and not to try to perform any change in the Website and/or copy and/or download any material stores on the Website, including using “Spider”, “Scrape”, “Page Scrape”, “Robot” and “Peep-Link” and/or any other way, algorithms or a similar manual process and not to download or copy and/or transfer any material stored on the Website that is not intended to be downloaded and/or transferred and/or not to try to get access to transactions performed by others in any means and/or not to perform any act that might impair the Intellectual Property, impair the privacy of other users and/or alter the information on the Website and/or damage the Website and/or the Website users in any other way.
K. Customer Services
For details and clarifications regarding the operation and activity of the Website and any other matter mentioned in these Rules and Regulations, please contact the Company’s Customer Services in an any of the following manners:
1. Telephone +44 (0) 203 8134 398 (Sunday to Thursday during regular activity hours, not on holidays or rest days).
2. Email: Sales@ecs-tv.com.
3. By registered mail: Great Portland Street, London, England, W1W 7LT 85.
4. On the Website (through the “contact us” link) – https://ecs-tv.com/contact-us/.