Introduction

1. The FIVE SENSES website (hereinafter: the “Website” and/or the “Business”) is an online retail platform specializing in fashion products.
2. These Terms and Conditions, together with the Privacy Policy and Cookie Policy (collectively, the “Terms”), constitute the basis for any use of the Website and exclusively govern the legal relationship between the Business and the user.
3. The Business reserves the right to amend these Terms from time to time, at its sole discretion and without prior notice. Users are encouraged to review the Terms periodically and remain informed of any updates.
4. The Website is offered to the public on an “as is” basis. Although the Business endeavors to ensure that the information presented on the Website is complete and accurate, errors, inaccuracies and omissions may occur. The Business shall not be liable for any damages arising therefrom or in connection therewith.
5. The Business and/or its representatives shall not be liable for any direct, indirect, consequential or special damages and/or financial loss suffered by the user and/or any third party as a result of using the Website or making purchases through it, except as required by applicable law.
6. The Business records, including electronic records relating to transactions performed on the Website and information entered by users, shall constitute prima facie evidence of the accuracy of such records.
7. Users placing orders through the Website undertake to provide accurate, complete and truthful information, including contact details and shipping information. The user acknowledges that the Business may use such information in order to contact the user regarding his or her order when necessary.
8. Users are solely responsible for their use of the Website and for all communications and activities conducted in connection with it. In the event of prohibited activity, unlawful conduct, suspected fraud or a breach of these Terms, the Business reserves the right to deny or restrict access to the Website, temporarily or permanently.
9. All prices displayed on the Website include VAT, where applicable, unless expressly stated otherwise.
10. Users agree that the Business may contact them in the future and provide updates, promotions, benefits and offers through various communication channels, subject to obtaining any consent required under applicable law. The Business reserves the right to modify or discontinue such promotions and benefits from time to time.
11. Use of the Website and purchases made through it are intended for individuals over the age of 18. Orders placed by minors shall be deemed to have been made with the consent and approval of a parent or legal guardian.
12. Users who are persons with disabilities, senior citizens or individuals entitled to special protections under applicable consumer laws are requested to inform the Business in advance, where relevant, in order to allow the Business to provide any accommodations or explanations required by law.
13. Users declare that they possess the legal capacity required to enter into binding transactions. In cases where a guardian has been appointed or where legal limitations apply, the user or his or her representative shall notify the Business accordingly prior to making a purchase.

Website and Products

1. The Website offers original fashion products under the FIVE SENSES brand, including, among other things, clothing, shoes, bags and fashion accessories (hereinafter: the “Product” and/or the “Products”, as applicable).
2. The Website enables customers to conveniently purchase Products through the Internet in a secure and user-friendly manner.
3. All Products offered on the Website are manufactured by the Business and/or its partners and suppliers in accordance with the quality standards established by the Business.
4. Customers wishing to purchase Products through the Website may select the desired Product, size, color and quantity, and add the Product to the shopping cart.
5. The Business makes reasonable efforts to ensure that the photographs and descriptions displayed on the Website accurately reflect the Products offered for sale. However, Product images are provided for illustrative purposes only, and minor differences may exist between the images displayed on the Website and the actual Products.
6. In addition, colors displayed on the Website may vary depending on the settings and capabilities of the user’s device and screen. Accordingly, the Business cannot guarantee that the colors displayed on the Website will exactly match the actual colors of the Products.
7. Size guides and Product measurements may be displayed on the Website for the convenience of customers. Nevertheless, the sole responsibility for selecting the appropriate size, color and model rests with the customer.
8. In the event that a Product is delivered with a manufacturing defect, or if the wrong Product is supplied, the Business shall be entitled, at its sole discretion and subject to applicable law, to replace the Product, repair it, issue store credit, provide a refund or offer any other appropriate remedy.
9. Use of the Website and any purchase made through it are subject to these Terms and Conditions. Customers who do not agree to these Terms, in whole or in part, are requested not to use the Website and not to complete any purchase through it.
10. These Terms and Conditions constitute a binding agreement between the customer and the Business.

Payment Methods

1. Purchases made through the Website may be completed using the payment methods made available on the Website from time to time.
2. The Business reserves the right to add, remove or modify the available payment methods at its sole discretion and without prior notice.
3. Prior to approving a transaction, the Business may verify the customer’s details and obtain authorization from the relevant payment provider or financial institution.
4. An order shall be deemed accepted only after payment authorization has been received and an order confirmation has been sent to the customer.
5. In the event that a transaction is declined, rejected or cannot be completed for any reason, the Business shall not be obligated to fulfill the order.
6. The Business reserves the right to cancel or refuse any order in cases of suspected fraud, unauthorized use of payment methods, incorrect pricing, technical errors, force majeure events or any circumstances beyond the reasonable control of the Business.
7. Orders placed through the Website are subject to availability. In the event that a Product becomes unavailable after an order has been placed, the Business may cancel the order and refund the customer accordingly.
8. The Business reserves the right to discontinue the sale of any Product at any time and to limit quantities available for purchase, at its sole discretion.
9. Ownership of the Products shall remain with the Business until full payment has been received and cleared.
10. An invoice and/or order confirmation shall be sent electronically to the customer following completion of the purchase process.

Shipping and Delivery

1. The Business shall make reasonable efforts to ensure that Products are delivered to the address provided by the customer at the time the order is placed.
2. The customer is solely responsible for providing accurate, complete and up-to-date shipping and contact information. The Business shall not be responsible for delays, failed deliveries or additional expenses resulting from inaccurate or incomplete information provided by the customer.
3. Shipping methods, delivery times and shipping charges are detailed in the Shipping Policy published on the Website and may be updated from time to time at the sole discretion of the Business.
4. Deliveries are carried out by independent third-party shipping and logistics providers. Accordingly, the Business shall not be liable for delays, disruptions or failures caused by such third parties.
5. The Business shall not be liable for delays and/or failure to deliver Products resulting from events beyond its reasonable control, including but not limited to force majeure events, wars, hostilities, acts of terrorism, strikes, labor disputes, transportation disruptions, natural disasters, pandemics, governmental actions or any other circumstances beyond the control of the Business.
6. Following dispatch of an order, the customer may receive tracking information, subject to the policies and services provided by the relevant carrier.
7. Delivery times displayed on the Website are estimates only and shall not constitute a binding obligation on the part of the Business.
8. If a customer requests that a shipment be left unattended, delivered to a third party, left at the entrance to a property or in any location other than direct delivery to the customer, such delivery shall be made solely at the customer’s request and responsibility. The Business shall not be liable for any loss, theft or damage occurring after delivery has been completed.
9. In the event that a shipment is returned to the Business due to the customer’s failure to collect the parcel, refusal to accept delivery, incorrect address details or any other reason attributable to the customer, the Business reserves the right to charge additional shipping and handling fees, subject to applicable law.
10. The Business shall not be responsible for delays caused by customs authorities, governmental agencies or other circumstances beyond its control with respect to international shipments.
11. Shipping charges are non-refundable, except where otherwise required by applicable law.
12. Risk of loss or damage to the Product shall pass to the customer upon delivery of the Product to the address specified by the customer or upon collection of the Product by the customer, as applicable, subject to applicable law.

Returns, Exchanges and Cancellations

1. Transactions made through the Website may be cancelled in accordance with the provisions of the Israeli Consumer Protection Law, 1981, and the regulations enacted thereunder.
2. Customers may be entitled to cancel a transaction and return Products, subject to the conditions and limitations set forth by applicable law and the Returns and Exchanges Policy published on the Website.
3. Returned Products must be unused, unworn, undamaged and returned in their original condition, together with any tags, packaging and accessories supplied with the Product.
4. The Business reserves the right to refuse returns or exchanges of Products that have been used, altered, damaged or returned in a condition inconsistent with the requirements of applicable law or the Returns and Exchanges Policy.
5. Certain Products, including Products manufactured or customized specifically for the customer, may not be eligible for cancellation, return or exchange, except where otherwise required by applicable law.
6. Refunds shall be processed in accordance with applicable law and only after the returned Product has been received and inspected by the Business.
7. In the event of a lawful cancellation of a transaction, the Business shall be entitled to charge cancellation fees in accordance with the Israeli Consumer Protection Law, 1981, in an amount equal to five percent (5%) of the transaction value or NIS 100, whichever is lower.
8. Cancellation fees shall not apply in cases where the cancellation is due to a defect in the Product, non-conformity, failure to supply the Product, or in any other circumstances in which cancellation fees are prohibited under applicable law.
9. Shipping charges and other service fees are non-refundable, except where otherwise required by applicable law.
10. Return shipping charges and other deductions permitted under applicable law and under the Returns and Exchanges Policy may apply.
11. Exchange requests shall be subject to product availability at the time the request is processed.
12. In the event that the requested replacement Product is unavailable, the Business may, at its sole discretion and subject to applicable law, offer an alternative Product, issue store credit or provide a refund.
13. In cases where a Product is found to be defective, damaged or materially different from the Product ordered, the customer shall notify the Business as soon as reasonably possible. Subject to inspection and applicable law, the Business may, at its sole discretion, repair, replace, refund or otherwise compensate the customer.
14. Nothing in this section shall derogate from any mandatory rights granted to consumers under the Israeli Consumer Protection Law, 1981, and any applicable regulations enacted thereunder.

Defective Products

1. The Business is committed to supplying Products of satisfactory quality and in accordance with the descriptions displayed on the Website.
2. Customers are requested to inspect the Product upon receipt and notify the Business as soon as reasonably possible in the event of any defect, damage, non-conformity or discrepancy between the Product received and the Product ordered.
3. Claims relating to manufacturing defects shall be examined by the Business in accordance with applicable law and at its sole discretion.
4. If a Product is found to be defective, damaged or materially different from the Product ordered, the Business may, subject to applicable law, repair the Product, replace it, provide store credit, issue a refund or offer any other remedy deemed appropriate under the circumstances.
5. Minor variations in color, texture, measurements or appearance resulting from the nature of fabrics, production methods, lighting conditions, screen settings or reasonable manufacturing tolerances shall not be considered defects.
6. The Business shall not be liable for damage resulting from improper use, negligence, misuse, normal wear and tear, failure to follow care instructions, accidents or any use inconsistent with the intended purpose of the Product.
7. Natural wear and tear resulting from ordinary and reasonable use of the Product shall not constitute a defect and shall not entitle the customer to a replacement, refund or any other remedy.
8. Nothing in this section shall derogate from any rights granted to consumers under applicable law.

Limitation of Liability

1. The Website and all information, content, products and services made available through it are provided on an “as is” and “as available” basis.
2. While the Business makes reasonable efforts to ensure that the information presented on the Website is accurate, complete and up to date, the Business does not warrant that the Website will be free from errors, interruptions, delays, inaccuracies or omissions.
3. Product descriptions, images, colors, measurements and other information displayed on the Website are provided for illustrative purposes only. Minor variations may occur and shall not constitute a defect or misrepresentation.
4. The Business and/or its representatives shall not be liable for any direct, indirect, incidental, consequential, special or punitive damages, including but not limited to loss of profits, loss of business opportunities, loss of data, loss of goodwill or any other financial loss arising out of or in connection with the use of the Website, the inability to use the Website or the purchase or use of any Product, except where liability cannot be excluded under applicable law.
5. The Business shall not be liable for damages resulting from improper use of the Products, failure to follow care instructions, negligence, misuse, accidents or use inconsistent with the intended purpose of the Products.
6. The Business shall not be responsible for any interruptions, delays, technical malfunctions, communication failures, viruses, cyberattacks, unauthorized access, force majeure events or any other circumstances beyond its reasonable control.
7. The Business shall not be liable for acts or omissions of third parties, including but not limited to payment service providers, shipping companies, logistics providers, internet service providers or other external service providers.
8. In any event, and to the maximum extent permitted by applicable law, the aggregate liability of the Business arising out of or relating to any order, Product or use of the Website shall not exceed the amount actually paid by the customer for the relevant Product.
9. Nothing in these Terms and Conditions shall exclude or limit any liability that cannot be excluded or limited under applicable law.

Intellectual Property

1. All intellectual property rights relating to the Website and its contents, including but not limited to trademarks, trade names, logos, designs, photographs, images, graphics, videos, texts, descriptions, layouts, software, and any other materials appearing on the Website, are the exclusive property of the Business and/or of third parties who have granted the Business permission to use them.
2. The name “FIVE SENSES”, the Website domain, logos, product names, designs and any associated trademarks are the exclusive property of the Business and may not be used without the prior written consent of the Business.
3. Users may not copy, reproduce, duplicate, modify, distribute, publish, display, transmit, create derivative works from, sell, exploit or otherwise use any content appearing on the Website, in whole or in part, without the prior written consent of the Business.
4. Any unauthorized use of the Website’s content or intellectual property rights may constitute a violation of applicable laws and may give rise to civil and/or criminal liability.
5. Nothing contained on the Website or in these Terms and Conditions shall be construed as granting any license or right to use any trademark, design, image, content or other intellectual property belonging to the Business without its prior written consent.
6. Users are permitted to use the Website solely for lawful personal purposes and for placing orders through the Website. No commercial use of the Website or its contents is permitted without the prior written consent of the Business.

Privacy and Data Protection

1. The Business respects the privacy of its users and is committed to protecting the personal information provided through the Website.
2. The collection, processing, storage and use of personal information are carried out in accordance with applicable laws and as further described in the Privacy Policy and Cookie Policy published on the Website.
3. By using the Website and/or placing an order, the user acknowledges and agrees to the terms set forth in the Privacy Policy and Cookie Policy, which form an integral part of these Terms and Conditions.
4. The Business takes reasonable measures to protect the confidentiality and security of personal information and implements commercially reasonable safeguards designed to prevent unauthorized access, disclosure or misuse of such information.
5. Payment information is processed through authorized third-party payment service providers. The Business does not store complete credit card information in its databases.
6. The Business may share information with third-party service providers, including payment processors, shipping companies, technology providers, analytics providers and marketing service providers, solely to the extent necessary for the operation of the Website and the provision of services, and in accordance with applicable law.
7. Nothing in these Terms and Conditions shall limit or derogate from the provisions set forth in the Privacy Policy and Cookie Policy published on the Website.

Governing Law and Jurisdiction

1. These Terms and Conditions and any use of the Website shall be governed exclusively by the laws of the State of Israel.
2. Any dispute, claim or controversy arising out of or relating to the Website, the Products, these Terms and Conditions or any transaction conducted through the Website shall be subject exclusively to the competent courts of the Central District of the State of Israel, which shall have exclusive jurisdiction over such matters.
3. The invalidity, illegality or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.
4. Failure by the Business to enforce any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
5. These Terms and Conditions, together with the Privacy Policy, Cookie Policy, Shipping Policy and Returns and Exchanges Policy published on the Website, constitute the entire agreement between the Business and the user with respect to the use of the Website and supersede any prior understandings or agreements relating thereto.