Terms of Use

TERMS OF USE

Your use of this web site on which these terms reside (the "Site"), and the content and services on this Site are subject to these Terms of Use (or “Terms”), which may be updated from time to time. 

Please read these Terms carefully before using this Site.

The Site is owned or controlled by MAGNOLIA SILVER JEWELLERY GROUP LIMITED ("MAGNOLIA").

By accessing this Site in any way, you agree to and are bound by the terms, conditions, policies and notices contained in these Terms.

From time to time we may update this Site and these Terms. Your use of this Site constitutes your agreement to the Terms and any updates of said Terms. Please review these Terms periodically to ensure that you are familiar with the most recent version.

 

Misuse of the Site

You will not use any electronic communication feature of the Site for any purpose that is unlawful, tortuous, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful, all as determined by MAGNOLIA in its sole and absolute discretion;

You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property without first obtaining the permission of the owner of such rights;

You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the Site or any computer software or hardware or telecommunications equipment.

From time to time on certain areas of our Site you may be able to submit product reviews, questions, written posts/responses, images, and certain other materials ("User Content"). By using these features, you agree that you will not submit or post any content that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by MAGNOLIA; that you will not submit or post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or includes anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organisation, including without limitation, the personnel of MAGNOLIA, or misrepresent an affiliation with another person or organisation; and that you will not submit or post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or features of the Site.

You have no ownership rights to any account you may have with MAGNOLIA or other access to the Site, your User Content, or other features therein. MAGNOLIA may cancel your account and delete all User Content associated with your account at any time, and without notice for any reason at MAGNOLIA's sole discretion. MAGNOLIA reserves the right to permanently restrict access to the Site or a user account.


By displaying, publishing, submitting or otherwise posting any User Content on or through the Site, you hereby irrevocably grant to MAGNOLIA a non-exclusive, fully sub-licensable, non-revocable, perpetual, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, broadcast, publish, reproduce, and distribute such User Content in any and all media without the requirement to make payment to you or to any third party or the need to seek your or any third party permission. Further, you waive all moral rights in and to all User Content that you post, upload or otherwise submit to or through, the Site in favor of MAGNOLIA.


You represent and warrant that you own all of the User Content submitted, displayed, published or posted by you on the Site, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

You agree to indemnify and hold MAGNOLIA, its subsidiaries, franchisors, franchisees, licensors, licensees, officers, employees, shareholders and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms or which arises from the use of any content including User Content that you submitted, posted, or otherwise provided to MAGNOLIA or this Site. 

 

Accounts, Passwords, and Security

Certain areas of the Site require registration or otherwise ask you to provide information to participate in certain features or access certain content.

If the Site requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify MAGNOLIA immediately of any unauthorised use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. MAGNOLIA is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.

 

Use of Credit Card

If you wish to purchase any product or service made available through the Site, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, security code, the expiration date of your credit card, your billing address, and your shipping information. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf and their payment. Verification of information may be required prior to the acknowledgment or completion of any transaction.

 

Terms of Sale

The site allows, inter alia, the choosing and purchasing of products from the items appearing on the site in an easy, convenient and quick manner. In order to place an order you must first choose the product, and the size.  For each product or service offered on the site a “product page” will be displayed upon which the details pertaining to the item or the service offered will appear and the sale price ("The Order" and “The Product Page”). Your attention is drawn to the fact that MAGNOLIA is entitled to revise the Product Page from time to time and to add or remove products that are no longer in stock, to add colors and/or change  sizes and to update and/or change the product's price from time to time.

In order to purchase an item you shall be requested to deliver your details such as name, address, electronic mail address, telephone number and credit card number and/or PayPal details ("Payment Method"). Upon placing the order Magnolia will run a check pertaining to Payment Method and upon receiving the order confirmation, will deliver appropriate notification that the order was approved. 

In the event  that an item  is no longer in stock and/or there is a problem with supplying said item, due to whatever reason, Magnolia will be entitled to cancel the order. In such a case, you will be entitled to receive a refund.

MAGNOLIA reserves the right to limit the number of items in each order.

MAGNOLIA undertakes reasonable efforts to accurately display the attributes including size and color, of its products, including the applicable colors and images; however, the actual color or image you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors or correct image.

Despite our best efforts, occasional pricing and other errors may occur on the Site. MAGNOLIA is not responsible for typographical, pricing or other errors. Products and prices of products described on the Site are subject to change at any time without notice. MAGNOLIA reserves the right to revise pricing and other terms and to cancel any order you have placed if there was an error concerning the price or availability or the description of any item you ordered when you placed the order, even if you have received an order confirmation. If your credit card has already been charged for the purchase and your order is cancelled, MAGNOLIA will issue a credit to your credit card account for the amount of the charge.

A valid credit card (as detailed under payment options when ordering), or PayPal Account is required for payment.

The prices quoted on the Site exclude Sales Tax and duties. The client will be responsible for any Sales Taxes or duties that may be applicable and charged at the time of delivery by customs or their agents.

Orders already in the shipping process cannot be modified or cancelled. Payment conducted via the PayPal site and using PayPal services are subject to the terms and conditions set by PayPal.

It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the possession, use, and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

 

Shipping

MAGNOLIA currently ships to the United States and Europe (except Germany and Italy). At this time, MAGNOLIA is unable to ship to any other international locations outside of the mentioned locations. Please refer to the Shipping section of the site for updates on shipping destinations.

Separate charges for shipping will be added to the price of the products ordered. Title to all products and risk of loss or damage will pass to the buyer upon shipment from MAGNOLIA.

 

Promotions

Any promotions made available through the Site may be governed by rules that are separate from these Terms. If you participate in any promotions, please review the applicable official rules. If the official rules for a promotion conflict with these Terms, the promotion official rules will apply.

 

Intellectual Property

Content on this Site is provided by MAGNOLIA.

The name "Magnolia"  graphics, photographs, images, models, text, files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("MAGNOLIA Content") is the property of MAGNOLIA and is protected under trademark, copyright, and other intellectual property laws.

You agree not to download, display, copy or use any MAGNOLIA Content for any purpose (commercial or non-commercial), in any manner, including in a manner that is likely to cause confusion, that disparages or discredits MAGNOLIA, that dilutes the strength of MAGNOLIA's property, or that otherwise infringes MAGNOLIA's intellectual property rights. Nothing contained on this Site should be construed as granting any license or right to use any MAGNOLIA Content.

 

Representations and Limitations of Liability

MAGNOLIA makes every effort to keep the site up-to-date but cannot guarantee that this site and its contents are completely free of technical errors. We are also not liable for any damages associated with use of this site however caused.

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MAGNOLIA NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, MAGNOLIA'S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MAGNOLIA, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER MAGNOLIA NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE.

MAGNOLIA's total liability for any claim howsoever arising shall not exceed the price of the goods supplied by MAGNOLIA to the customer, together with any postage costs incurred. MAGNOLIA shall not be liable for any consequential customer loss whether this arises from a breach of duty in contract or in any other way.

 

Indemnification

You agree to indemnify, defend and hold harmless MAGNOLIA and its officers, directors, employees, contractors, agents, licensors, franchisees, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use. If you cause a technical or other disruption to the site or the systems, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.

 

Third Party Websites

This Site may hyperlink to sites not maintained by or related to MAGNOLIA. Such hyperlinks are not sponsored by or affiliated with this Site or MAGNOLIA, and MAGNOLIA does not endorse and makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site's privacy policy, and MAGNOLIA has no control over how your information is collected, used, or otherwise handled.

 

Jurisdiction

The Site is controlled and operated by MAGNOLIA from within the State of Israel, and is not intended to subject MAGNOLIA to the laws or jurisdiction of any country other than that of the State of Israel. We may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. These Terms will be governed by and construed in accordance with the laws of the State of Israel without regard to conflicts of laws principles. By using this Site, you consent to the jurisdiction of, and agree that any and all disputes regarding these Terms will be brought exclusively before the appropriately designated courts of The State of Israel.

 

Miscellaneous

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute a binding agreement between you and MAGNOLIA, and are accepted by you upon your use of the Site or your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

If you breach any provision of these Terms or our Privacy Policy, you may no longer use the Site. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Site or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms or your permission to use the Site is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and anything relating to or arising from such use. If you are dissatisfied with the Site or with these Terms or Privacy Policy, then your sole and exclusive remedy is to discontinue using the Site. The MAGNOLIA Content, Representations, and Limitations of Liability, Indemnity Jurisdiction and Miscellaneous provisions in this agreement shall survive any termination of this agreement.