General:

1. This agreement is the valid basis for orders and browsing the website and it alone regulates and comprises the relations between the Lepoem Company, the owner of the website and/or anyone on its behalf (hereunder, “the Company”) and a surfer using the website services (hereunder, ”the User”, ”The Purchaser”) in all the relations between the parties as stated above and is a binding agreement.

2. The provisions in this agreement were written in the feminine form and this is solely for purposes of convenience; the agreement refers to the two genders equally.

3. The use by the User of the Company’s website and/or application and/or accompanying services constitutes the User’s official confirmation of the website’s policy and all its terms without limitation and/or reservations, and she has the duty to read this entire agreement. If the User disagrees with the agreement, she is requested not to make use of the website and leave it forthwith and she and/or anyone on her behalf will not have any argument and/or claim against the website and/or the Company and/or its owners and/or anyone on their behalf.

4. The Company reserves the right to change the agreement at its sole discretion and this without the need to give any warning and/or advance notice; the change will be valid once published. These changes are without prejudice towards the Customer who purchased a product before the change.

5. The User is responsible for accessing the agreement page to stay up to date with changes to this agreement.

6. The Company reserves the right to shut down the website or change, from time to time, its structure, appearance and availability of the services and content provided therein, without the need to notify the User in advance. The User will not have any argument and/or claim and/or demand toward the Company with said matter directly and/or indirectly.

7. Unless stated otherwise elsewhere, any new feature on the website, that changes, improves or presents in a different form the services provided in the framework thereof, will be subject to this agreement.

8. The website headings are provided for purposes of convenience only and will not serve for the interpretation thereof.

Use of the Website:

1. The User confirms that all incidental data delivered for use of the website and/or application and/or the accompanying services thereof, including but not limited to personal identification details and additional details, are delivered of her own free will and consent and without any legal obligation to deliver them.

2. The User hereby confirms that all the information to be delivered in the framework of the website including but not limited to a credit card number and email are solely her personal details, and that they are correct and accurate, and that she will not purport to be another person and/or will not make any use of any other’s identity certificate and/or will not make any use of a user name and/or password of another, without permission and authorization.  

3. The User warrants that she is over 18 years old and is competent to carry out binding legal actions without the approval of a guardian.

Privacy Protection:

1. The Company reserves the right to refuse to grant access to this website or to any part thereof to any User, at its sole discretion and without any early notice.

2. The data provided by the user when registering and/or when performing other actions on the website, will be stored in the database maintained and/or that will be maintained by the Company and/or by a third party pursuant to the Protection of Privacy Law, 5741-1981. The user is not required by law to provide the information, but by not providing it, the user will not be able to perform actions for which the personal information is required.

3. The User is aware and consents to the fact that the information received with and due to the services and uses of the website will be kept in the Company’s information databases and/or on its behalf.  The Company does its best to protect the integrity of the information and maintain information security against access by third parties. In addition to the above, the Company does not save the details of the User’s credit cards on its servers and the clearance is executed through external suppliers and responsibility to save these details applies to these suppliers only.

4. The use of the information collected with and incidental to the use of the website will be made in accordance with this Usage Agreement or in accordance with the provisions of any law for the proper use of the various website services and/or their suitability for the user.

5. The Company implements accepted precautions in order to maintain, as far as possible, the confidentiality of personal information and will make use of it for internal purposes only, including contacting the user, managing the user’s account, status of the order, delivery of the products, checking the size of the ring, if a ring has been ordered, collecting payment, mailing advertisements and marketing information if the user has so consented, and subject to this Agreement, for any other purpose specified in the said Agreement.

6. The Company may not transfer the user’s personal details to a third party except in the following cases:

   • In order to complete the purchase process which was performed by the user as part of the use of the website.

   • In the event of a legal dispute between the user and the company that will require the disclosure of the details.

   • If a court order is received instructing the company to provide the user’s details to a third party.

   • In any case the details do not include credit card numbers.

7. Pursuant to the Protection of Privacy Law, 5741-1981, every user is entitled to review information about her stored in a database. A user who has reviewed the information about herself and found that it is incorrect, incomplete, unclear or not updated, may contact the owner of the database and request to correct the information or delete it.

8. The user may contact the Company by the e-mail that appears on the website in order to correct and/or delete the information, as aforesaid.

9. The User agrees that as part of the purchase process she is requested to provide her personal details to the Company, she is aware that the Company shares these details with the various courier companies to complete the order, these companies undertake to save the User’s details pursuant to the Law.

10. It is agreed that as part of the use of the website, the Company receives data through various technologies and uses them to learn about the behavior on the website, such as: cookies, tags, pixels, collection of various statistical data about the User regarding the manner the website is used, tailoring and focusing products on the website to the User, the number of clicks on each product including cross-referencing all the data to improve the company’s sales and, inter alia, also to secure the information and protect access to information about the User. 

11. The User permits the Company to use the information obtained from the website and the information that is collected regarding the usage patterns on the website to improve the services on the website and/or any other way it deems fitting according to the Law.

12. It is stressed that the Company may, after consent was given to the Website Usage Agreement, send electronic mails with information about the website and/or the factory, new models, new lines and offers including updates for marketing needs. The User can remove herself from the list at any given time by clicking on the “Unsubscribe from distribution list” button and/or by contacting Customer Service via the email on the website.

13. The Company clarifies that it is possible that the website services may be interrupted or operated irregularly and/or without sufficient security if third parties hack it and cause damages and/or faults and/or failings including faults in the computing system and communications and/or delays and/or faults and/or strikes and/or force majeure and/or a virus and/or prevention of profits by third parties without authorization, the Company will not be liable for any direct and/or indirect damage the User and/or someone on her behalf sustained and/or the surfer and/or the Purchaser will not raise any argument and/or demand and/or a claim with respect to the above.

14. It is clarified that in any case the Company is found to be liable, the Company will bear liability up to the price of the product that was purchased only.

15. The prices on the website appearing on the products include VAT, if applicable by law.

16. Business days are Sunday-Thursday and do not include Friday, Saturday, and Israeli holidays.

Limiting Liability:

1. The jewelry in the Company  is manufactured by hand with diamonds and natural gemstones, in light of this the Company endeavors to ensure that the information presented on the website will be the most complete and accurate information; however, it is clarified that inaccuracies or errors and/or mistakes in feeding in the prices, deviations in the sizes of the gemstones, their shape and weight may appear in good faith. The Company and/or someone on its behalf will not be liable for such an error, in addition to the above, the images of the jewelry on the website are intended solely for illustration purposes and there may be differences between the images displayed on the website and the items actually sold.

2. The Company’s computer records only, relating to actions executed through the website, will constitute prima facie evidence regarding the correctness of the actions.

3. We at Lepoem encourage contacts through social media, including but not limited to: Facebook, Instagram, YouTube, TikTok. The use and privacy policies of these platforms apply to the User during the course of their use.

4. The Company does not undertake to maintain an inventory of all the jewelry and/or models of the images which appear on the website, if an order was placed for an item that is not in-stock that appeared on the website and not yet removed at the time the order was placed, the Company will not be obligated to sell the product and the purchaser will not have any argument and/or demand and/or claim relating to this sale for damage she sustained and/or a third party sustained subject to this fact that the Company cancels the charge or the transaction and refunds the purchase amount transferred at the time of the purchase.

5. The Company’s jewelry pieces are delicate and therefore should be used according to the Company’s instructions and with the necessary gentleness. The Company is not responsible for the use made by the User that is not in accordance with the Company’s instructions, the jewelry purchased by her and/or any other use and the latter will not raise any demand and/or argument and/or claim for such use.

6. The lifetime warranty for the jewelry is conditional upon the purchaser sending the jewelry once every 12 months to the factory for the Company to check that it is intact; the purchaser will pay the delivery cost. After the Company checks that the item is intact, it will send the item back to the purchaser at the company expense. The warranty will not apply to damage caused by abuse, loss or theft. In addition, the warranty will not apply to jewelry, gemstones or pearls that are scratched or broken.

7. The warranty does not apply to the loss of a central stone, the purchaser is responsible for insuring the central stone through an external insurance company. The Purchaser will not raise any argument and/or demand and/or claim toward the Company and/or whoever on its behalf due to the provisions above.

8. The warranty does not apply to jewelry that was found to be handled by third-party entities unauthorized by the Company, the Company disclaims any liability from these jewelry pieces.

9.  The Company may offer on the website coupons and/or offers and/or benefits and/or discounts (hereunder, “The Offers”). The Company may at any time terminate the offers, replace them or modify them, without the need to provide any advance notice.

Intellectual property:

1. All the intellectual property rights including but not limited to the copyrights and rights of use of the website and in the content therein belongs solely to the Company, unless expressly determined in writing that the copyrights belong to another entity. 

2. These rights apply to sketches, models, jewelry, text, video clips, images, illustrations, videos, graphics, graphics files, branding, packaging, bags, stickers, sheets, code, hardware, software applications and any other material included in the website (hereunder: “The Company’s Intellectual Property Rights”). The Company’s Intellectual Property Rights are not to be distributed, sold, duplicated, copied, published, broadcasted, presented in public or delivered to a third party without receiving the Company’s advance and written consent.

Orders:

1. The Company will do everything in its power to supply the products ordered on time; if the product is late and/or defective, contact the Company’s customer service number at +972-54-384-6549 or by email at service@lepoem.com and the Company will handle the request as soon as possible.

2. When the User places the order, the Company will run a check of the credit card details through the clearing company and once the order is approved, the Company will send an order confirmation notice to the purchaser. It is stressed that placing an order does not compel the Company to supply the product and attests solely to the order details entered into the management system. If the credit card company and/or the clearing company does not approve the order, the User will receive notice and will be required to provide another means of payment.

3. It is stressed that payment through the clearing companies is subject to their terms of use and privacy policy only, and the purchaser will not have any argument and/or demand and/or claim for fees and/or other payments that these companies charge.

4. The order details as entered by the purchaser at the time of the purchase on the website will constitute conclusive and final evidence of the correctness of the details and the order will be executed based on this information; if the details that were entered are incorrect, the purchaser will not raise any argument and/or demand and/or claim toward the Company and/or whoever on its behalf.

5. The Company may update the prices of the products on the website as well as the shipping rates from time to time without the need for advance notice, the valid price in relation to the order made is the price at the time the credit payment is completed by the User. If the prices were updated before the User completed the order process, the User and/or purchaser will be charged according to the updated prices.

6. The Company does its best to supply quality products at the requested time. If the User thinks that the products, she purchased on the website have any defect, she is welcome to contact Customer Service at +972-54-384-6549 on Sunday-Thursday, between 10:00 – 18:00 or by email at Service@lepoem.com

7. The User and/or purchaser who is a resident or citizen of a foreign country who resides in this country, must examine and check the taxes applicable in her country on receiving the product and she has the full responsibility to check in advance and to make the tax and various regulatory payments at the time the product arrives according to the governing law in her country (hereunder “Tax Payments Abroad”). 

8. In the event the Purchaser who is a foreign resident or citizen does not collect the product due to the tax payments abroad, the Company is entitled to deduct all the costs associated with returning the product to the Company in Israel from the purchase amount of the product, including payment to the courier company, taxes, levies and additional payments if applicable, and this without any need for the Purchaser’s advance approval. The Purchaser will not raise any argument and/or demand and/or claim toward the Company due to the above. 

Delivery Dates:

1. The product will be delivered to the purchaser within 10-14 business days after the credit card company’s approval, provided that the purchaser provided accurate delivery details and convenient delivery timeframes (hereunder, “The Delivery Date”) and subject to the Courier Company with whom the Company works upholding its agreement.

2. For ring orders – the Company may, but is not obligated to, send a ring sizer measurement tool to the purchaser together with an instruction page to verify the Purchaser’s exact ring size. The purchaser undertakes to act according to the instructions page and to provide the Company the correct ring size. In the event the Company sent the ring sizer measurement tool as stated above, 4 additional days will be added to the delivery date.

3. The delivery of the products to the purchaser is executed by various courier companies in the framework of the delivery time listed on the website at the time of sale and subject to approval of the credit company’s approval and full payment for the product.  The delivery dates do not apply to items that are personally customized and/or with respect to which a change of size request was received after the order and/or which is not in stock.

4. The Company will not be liable for delays of orders due to faults with the various courier companies, but is, however, available to the User to resolve any issue. The Company is not liable for delivery delays to the products as a result of events that are not within its control and the purchaser will not raise any argument and/or demand and/or claim against as a result thereof.

5. The Purchaser undertakes to deliver the exact details for the delivery of the product, including the exact delivery date, the Purchaser must be available during the delivery times to receive the product and it is fully responsible for doing so. 

6. If the shipment is to a remote settlement that the various courier companies do not reach, the order will be sent by Israel mail delivery and 3 additional business days will be added to the delivery date of the product.

Change of Size: 

1. Changing a ring size is free during the first three months from the date of purchase (according to the purchase date in the Company’s system) and up to three American sizes above or below the ordered ring size. Change of ring size at no extra cost is limited to one time per purchased item and applies only in Israel. 

2. The Company does its best to deliver the correct ring size according to the details that the Purchaser entered and/or the image uploaded to the website. If the ring does not suit the purchaser, she may contact the Company’s Customer Service at +972-54-384-6549 Sunday-Thursday between the hours of 10:00 -18:00 or by email Service@lepoem.com and the Company will send a courier on its behalf to collect the ring and repair the size subject to the provisions above.

Cancelling a Transaction and Returning Products:

1. Transaction cancellations and product returns are subject to the Consumer Protection Law 5741 – 1981 of the State of Israel (hereunder, “The Law”).

2. Items purchased within 14 days of receiving the piece of jewelry can be exchanged and/or receive a monetary refund (according to the delivery confirmation date provided by the courier company) provided no use was made of it and against a showing of receipt or exchange note and according to the provisions in the Website Usage Agreement as stated above.

3. If the purchaser wishes to exchange the product for a more expensive item she must add the amount accordingly, if the item is cheaper it will be possible to receive a credit for the Company’s website and/or monetary credit at the Company’s discretion and subject to the Law.

4. Cancelling a transaction will only be done via written notification to be sent by email directly to the Company.

5. It is clarified that in the case that the transaction is cancelled after the product is sent to the Purchaser, a refund will be given only after receiving the product back at the Company’s factory and after the Company examined the product and found that the product arrived free of any defect and/or damage of any type and kind, in its original packaging with all the certificates attached to it and it was proven that no use was made of it and the product is the exact product sent from the Company including all the stones that were set therein and if sent with a certificate, including the certificate that was sent with it. 

6. It is clarified and agreed that the decision on the quality of the product returned in accordance with the provisions above lies with the Company only and at its sole discretion.

7. Upon cancelling the transaction, the credit card that was used to charge the payment will be refunded according to the agreement and timeframe of the credit company and/or the clearing company in which the transaction was executed and subject to its timeframes and the contract between the Purchaser and the credit company.

8. Returning an item by courier free of charge to the Company applies only in Israel and is limited to 2 items per purchaser.  In any other case the delivery will be executed at the purchaser’s responsibility and expense solely by the courier company that LEPOEM works with, which commits to shipping insurance.

9. It is not possible to receive a credit and/or refund for shipping fees in the event the purchaser is obligated to pay them. Similarly a product that was a customized order and/or a personal design as stated above cannot be exchanged and/or returned.

10. Personal customization will include any change made to the item to tailor it to the purchaser.

11. The Company will not provide monetary credit for products such as: gift cards, offers, discounts and/or gifts and/or customized orders. 

12. It is clarified that shipment costs for returns of more than two items to the company are at the purchaser’s expense and will be deducted from the total credit if executed by the Company.

13. International Returns and Exchanges – In case of a return, exchange or cancellation of an international purchase, various regulatory charges may apply that are not within our control. Therefore, it is clarified that the shipments, taxes and fees are solely the purchaser’s responsibility and at her expense. Shipping will only be carried out via the DHL Company. If the Company is forced to pay, due to said charges, the Company will be entitled to deduct the amount from the purchase amount without the need for the purchaser’s approval, and the Purchaser waives any argument and/or demand and/or claim with respect thereto.

Miscellaneous :

1. The Company may refuse to approve an order by a User at its sole discretion and/or send emails and updates to mobile telephones in cases that: at the time the order is placed wrong details were conveyed, the Company is owed money and/or third parties that are past the due date, the Customer’s credit card was blocked and/or restricted, an act and/or omission was committed likely to prejudice the Company and/or website and/or third parties, an act was committed likely to be considered illegal pursuant to the laws of the State of Israel.

2. The Company will be entitled to cancel the transaction and/or sale of the product in the following cases:

   2.1   Clerical error, whether with respect to the price of the product or in the product description or the image of the product.

   2.2  Out of stock after placing the order.

   2.3  An error was detected in the communications and/or technical problem that caused the User to use the website incorrectly.

   2.4  The product was not charged in full.

   2.5  In the event of a force majeure, war and/or military action and/or Order 8 call-up or anything which will prevent the regular sale process continuing.

3. The cancellation of the sale notice will be delivered to the purchaser over the telephone and/or by email to the address denoted on the Registration Page and/or Order.

4. Any purchase of a piece of jewelry that was executed not through the Company’s official website does not include the Company as a party in the transaction. The Company will not be liable for these transactions and products that are offered by a third party, including but not limited to designers using the Company’s platform in any way as long as the transaction was not executed through the Company’s official website. In addition to the above, the Company will not take part in disputes if and when they arise between the parties to the transaction.

5. The User and/or anyone on her behalf undertakes to indemnify the Company and/or anyone on its behalf and other holders of rights in the website upon the first demand for any damage and/or loss including but not limited to attorney’s fees as a result of a demand and/or claim and/or argument and/or a negative publication.

6. The Company is not liable for any damage and/or loss and/or loss of profit the User and/or any third party sustained as a result of direct or indirect use of the website.

7. The User who is a foreign resident or citizen who resides in this country is obliged to examine and check whether the terms of the agreement correspond with the laws of the foreign country, and she alone will be liable for breaching the law in that country if committed as a result of using the website and/or the service offered by it.