

Preamble
This site is operated by Sandra Elbaz (Owner of AYO AYA
La boutique company), having its registered office at 107, Shlomo Hamelech
street- 64243 Tel Aviv (Israel) and registered with the register of commerce
and companies of Tel Aviv under number 324614288. AYO AYA is a trademark
registered. The entirety of the site is the exclusive property of the AYO AYA
La boutique company.
The present general conditions of sale apply to all the
orders placed with the AYO AYA company for the whole of the articles and
services proposed by the www.ayoaya.co.il
site by natural persons not business persons. Consequently, the fact for any
person ordering a product offered on sale on the Internet site AYO AYA La
boutique implies full and complete acceptance of these general conditions of
sale that the Customer recognizes having been aware of before his order.
Sandra Elbaz reserves the right to modify at any moment
the present general sales conditions.
Article 1: Integrality
The present General Conditions define the entirety of
the obligations of the various parties. In this sense, the Customer is
considered to accept without reserve the entirety of the provisions envisaged
under these general sales conditions. AYO AYA La boutique is for its part
committed to respecting its role of retailer within the framework of the
aforesaid conditions.
The present General Conditions have the aim of defining
the rights and obligations of the various parties within the framework of the
online sale of goods and services proposed by the AYO AYA company
to the Customer, from the order to the delivery, including payment and the use
of services made available by AYO AYA.
The present General Conditions govern the sale of the
products on the day of the placing of the order by the customer. They apply to
all modes of placing of orders proposed by AYO AYA La
boutique, whether the order is placed by Internet or telephone.
Acceptance of the Conditions by the Customer
The present Conditions can be read directly on the www.ayoaya.co.il site. The
act of the Customer's ticking the box "I accept the general Terms &
Conditions", before proceeding to secure payment. The Customer
accepts by this act to having read and understood the present Conditions and to
accept them.
The purchase by telephone also implies the acceptance of
these Conditions which he recognizes to have read beforehand, and to have
understood and accepted the conditions mentioned above.
Article 2 : Order
Every Customer of the AYO AYA La boutique company
declares that he has the capacity to enter into a contract on the conditions
described hereafter, i.e. to be an emancipated minor or have reached legal
majority. Sandra Elbaz reserves the right to refuse any order by a Customer
with whom there exists, or which appears during processing, a dispute, in
particular a dispute over payment.
The individual Customer can place his order at AYO AYA
La boutique by Internet 24 hours a day, 7 days a week, or by telephone :
077-3006923 from Sunday to Friday from 9am to 1pm.
The ordering process is composed of 3 successive stages.
Once product selection has been carried out, and the basket validated, the
Customer must:
- clearly identify the products
selected with the options of colors, sizes,... indicated on the www.ayoaya.co.il
site;
- indicate the selected mode of delivery;
- Proceed to check out. Customer
must identify himself by sign in and entering his email address and password
which are strictly personal to him.
Every order implies acceptance of the prices and
description of the products available for sale. In every case, the supply
online of the bankcard number and the final validation of the order by the
Customer will constitute proof of the order and current liability for the sums
for the products selected in the order. This validation constitutes signature
and acceptance of all the operations carried out on the www.ayoaya.co.il site.
Confirmation of payment order
An email is automatically sent to the customer via
PAYPAL in order to confirm the payment order. The Customer must check the
completeness and conformity of the information which he provides to AYO AYA La
boutique. The latter cannot be held responsible for possible errors of
data-entry and the consequences in terms of delay or delivery error. In this
context, all the expenses engaged for resending will be the responsibility of
the Customer.
Article 3 : Information on the products
Characteristics of the products
The information, characteristics, photographs and
graphics presented on the site or in the emails sent by AYO AYA are given only
on a purely indicative basis and for the major part are given by the suppliers.
In particular, the difference in perception of the forms and the colors between
the photographs or graphics presented and the products cannot engage the
responsibility of AYO AYA La boutique. AYO AYA La boutique will make its best
efforts to ensure that the photographic representation of the products on the www.ayoaya.co.il site is as faithful as
possible. It is nevertheless possible that the perception of the products does
not correspond completely to the products. The products are sometimes presented
in photographs with other products. The description will mention what does or
does not form part of the product.
Availability of the products
Each
item is available in a limited edition,
AYO AYA La boutique is committed to delivering the orders received only within
the limit of the stocks of the product available or within the limit of the
stocks available from its suppliers. In the absence of availability of a
product or products, AYO AYA La boutique is committed to informing the Customer
as quickly as possible. AYO AYA La boutique reserves the right to modify the
selection of products according in particular to the constraints imposed by its
suppliers. Availability can vary during the same day according to the level of
sales. AYO AYA La boutique carries out very frequent updates of availabilities,
but cannot be held responsible if the stock is no longer the same as that which
is indicated. More precise information can be given to the Customer by
telephone and email.
The unavailability of a product is mentioned on the product page concerned. Thus, Products may appear with the mention of delivery times, such as "This item is not available" (customer can be informed when the product is available again by entering his email address) "till 10 days", "till 12 days", etc.
Article 4 : Prices
3. The prices do not take account
of delivery charges, gift wrapping, possible promotional offers and personal
reductions, which will be indicated before the final confirmation of the order.
The prices take into account the Israeli VAT applicable on the day of the ordering, and any change of the statutory rate of VAT will be automatically reflected in the price of the products presented on the site, at the date stipulated by the decree of application. However the prices cannot be modified once the Customer has placed his order. In the same way, if one or more taxes or contributions, in particular environmental tax is suddenly created or modified, whether it rises or falls, such a change will be reflected in the selling price of the articles present on the www.ayoaya.co.il site.
Article 5 : Payment
The Customer can pay his order online via Paypal (secure
system of payments) and use bankcard: Visa, MasterCard and American Express.
AYO AYA La boutique uses all means necessary to ensure the
safety and confidentiality of data transmitted online. To this end, the site
uses PAYPAL as one of the most secure and protected mode of payment.
The purchase order, which the Customer creates online,
or the order confirmation sent by email to the Customer, by Paypal system, does
not act as an invoice. The Customer receives the original of the invoice with
the parcel.
AYO AYA la boutique remains owner of the Products
delivered until the complete payment by the Customer.
Article 6 : Delivery zone
The geographical area of delivery for items from the AYO
AYA boutique is all over Israel.
Rest of the world: The Customer can contact the AYO AYA
customer services by mail (info@ayoaya.com)
to have more information on delivery conditions to a specific country in the
world.
Products are delivered to the address indicated by the
Customer on the purchase order in Paypal system. AYO AYA La boutique cannot be
held responsible for delivery delays because of errors or disruptions due to
transporters (including in particular in the event of a partial or all-out
strike in particular of the mail services, transport and communications).
Delivery methods & delivery times in Israel
AYO AYA La boutique offers three
delivery methods:
1. By registered mail (usual
delivery time of 3-5 days)
2. Self "pick up": free of charge.
The customer must call the Customer Service: 077-3006923, to arrange a day at
his convenience to collect his purchase. AYO AYA La boutique is located in Tel
Aviv.
3. Express delivery by courier
(usual delivery time of 1-2 days)
The delivery time for some
kibbutzim and moshavim varies according to post offices.
The Customer must take care to give all necessary
information for access to the place of delivery (code, building, floor, etc.),
as well as a telephone number where the Customer is easily reachable. The
delivery times mentioned here are those that are usually experienced. No
refunding of the delivery charges will be given in the event of delivery taking
longer than those times indicated.
AYO AYA La boutique informs Customers of the delivery
times on a purely indicative basis, as given by the chosen transporter. AYO AYA
La boutique informs its Customers that these delivery times do not include
Fridays afternoon and Saturdays, and public holidays.
Packaging & gift-wrapping
The products are packaged so as to respect the standards
of transport in force, and to ensure an optimal protection of the products
during their delivery. AYO AYA La boutique offers its customers a gift-wrapping
service for non-bulky objects, such as clothing and accessories, small toys and
small objects of decoration. Bulky or cumbersome objects cannot benefit from a
proper gift-wrapping.
Responsibility of the Customer to check parcels upon reception
AYO AYA La boutique reminds customers that it is the responsibility of the Customer to inspect his parcels upon reception in the presence of the deliveryman and to notify the transporter as well as AYO AYA La boutique company of any anomaly (bumps, damage to the parcel, delivery date not conforming to normal times of the parcel delivery...) within two working days. In the case where such elements are not noted on the delivery slip presented to the Customer by the transporter, no complaint related to the state of the parcel can be accepted a posteriori by AYO AYA La boutique.
Article 7: Cancellation, return and refund
Within the framework of the sale by correspondence
(without the simultaneous physical presence of the parties), according to the
Israeli Consumer Protection Law of 1981, the customer has the right to a
fourteen-day period to exert his right of retraction. This period begins as
from the day of reception of the goods by the Customer.
The request to return the goods can be carried out by
sending an email or a fax to customer service (info@ayoaya.com
or 077-3006923)
Should
the consumer elect to cancel the transaction for reasons other than that the
product was defective or that the information with respect thereto was
misleading, the consumer is obliged to pay to AYO AYA La boutique a fee the
rate of which shall be the lower of 5% of the value of the transaction and NIS
100.
AYO AYA La boutique recommends the Customer to return its
products with registered delivery, guaranteeing him, if necessary, the compensation for the products matching their real
commercial value in the event of damage or loss of these goods.
In all cases, the return is carried out at the Customer's own
risk. It will be up to the customer to preserve any proof of return.
The returned products must be intact, in a perfect state for
resale, and in original packing. They cannot have been worn, used or to have
suffered even minimum deterioration, and in a state of perfect cleanliness. Any
product which is damaged, incomplete, or whose original packing is
deteriorated, will be neither refunded nor exchanged. The transport charges
remain at the cost of the customer.
The customer can ask for the sums paid to be refunded directly.
Ayo Aya La Boutique will make all effort to refund the customer within 30 days.
Article 8 : Cancellation policy
Ayo Aya La Boutique reserves the right
to cancel the contract if:
- There
is insufficient stock to deliver the products you have ordered;
- Delivery
is not made to your area;
- One
or more of the products you ordered was listed at an incorrect price due to an
error in the pricing information on the Website.
If we do cancel your contract we will notify you by e-mail
and will re-credit to your account any sum deducted by us from your credit or
debit card as soon as possible but in any event within thirty days of your
order. We will not be obliged to offer any compensation in respect of this
cancellation.
Article 9 : Guarantees
According to the Israeli Defective Products Law, in the event of damage caused to a person or a good by a
defect of the product, only the producer of this product can be held
responsible by the Customer, on the basis of the information appearing on the
packaging of the aforementioned product. Moreover, the company stresses that
the products, services and information proposed by AYO AYA La boutique do not
in any way substitute for constant vigilance by adults.
Article 10 : Responsibility
AYO AYA La boutique cannot be held responsible in the
event of non-observance of legislation in the country where the product is
delivered. It is up to the Customer to check with the local authorities on the
possibility of importing or using the products which he wishes to order. AYO
AYA cannot be held responsible for inconvenience and losses relating to the use
of the Internet, in particular a breakdown in the service, the presence of computer
viruses or external intrusions and more generally all cases defined by the
courts as outside our control or committed by third parties.
Article 11 : Force majeure
Neither of the two parties will have failed in its
contractual obligations, insofar as their execution is delayed, blocked or
prevented by circumstances beyond their control.
Force majeure or circumstances beyond control will be
regarded as that which are external to the two parties, unforeseeable,
inevitable, independent of the will of the parties, and which could not be
prevented by them, despite all reasonably possible efforts.
The party affected by such circumstances will warn the
other party within ten working days from the date on which the first party will
have learnt of it.
The two parties will communicate with each other within
a month, except if this is impossible due to force majeure, to examine the
situation and reach agreement on the conditions under which the execution of
the contract will be continued.
If the force majeure case is of duration greater than
three months, the present general conditions can be cancelled by the injured
party.
Force majeure will be considered to include the
following:
all-out strikes or partial ones, external or within the company,
a blockage of supplies or transport for whatever reason, legal or governmental
restrictions, computer breakdowns, earthquakes, fires, storms, floods,
lightning, war and terrorism attack - breakdown of telecommunications or
network works not under control of the Customer.
Article 12 : Personal data
At the time of customer inscription or ordering, or
within the framework of other specific operations, AYO AYA La boutique invites
Visitors or Customers to receive its newsletters, its promotional offers, and /
or to register to stay informed of its exclusive sales.
AYO AYA La boutique is committed to taking into account
the modifications of subscription and of withdrawal of subscription to its
commercial emails within the shortest possible delay.
AYO AYA La boutique uses data acquisition systems such
as cookies. Cookies are a computer file stored on the hard disk of the user's
computer. Cookies make it possible to announce a preceding visit of the user on
the site and to connect the user to his personal data left on the site, in particular
in reference to his orders in course.
Article 13 : Intellectual property
The entirety of the contents (texts, comments, works,
illustrations, images, videos, graphics, sounds... including underlying
technologies used) posted on this site is reserved under copyright and
intellectual property rights for the whole world. For this reason and
conforming with the provisions of the only private use
is authorized, subject to different provisions which may be even more
restrictive from the code of intellectual property. Any other use may
constitute pirating and be sanctioned by the law covering intellectual
property, except in the case of preliminary authorization by AYO AYA La
boutique. Any total or partial reproduction of the AYO AYA La boutique company
catalogue is strictly prohibited.
Any person having an Internet site wishing to place on
his site a simple link directly to the www.ayoaya.co.il site must request
authorization from Sandra Elbaz (the owner). An authorization given by Sandra
Elbaz will not constitute an implicit agreement of affiliation and will not be
in any case given on a permanent basis. By simple request from Sandra Elbaz,
this link will have to be removed.
Article 14 : Duration and application
The present Conditions apply throughout the time of all
online services offered by AYO AYA La boutique company.
They can be modified at any time by Sandra Elbaz. The Conditions applicable are
those in force on the date of the registration of the order.
Article 15 : Territoriality and
applicable law
The sale of products of AYO AYA La boutique company are subject to Israeli law. Any dispute relating to the existence, interpretation, execution or breach of the contract concluded between AYO AYA La boutique and the Customer, even in the event of a plurality of defendants, will be, in the absence of mutual agreement, the exclusive competence of the jurisdiction of the courts of Tel Aviv.