Terms of Agreement
Terms of Agreement
Please read these Terms and Conditions (“Terms”) carefully before using the www.otentik.com or www.otentik.co.il website (collectively the “Website”) operated by Otentik Smart Solutions Ltd. (the “Company”).
Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order with the Company and/or any of its affiliates (hereinafter referred to as “Otentik”, “we”, “us”, “our” or such similar pronouns) indicates your acceptance of these Terms.
ORDER ACCEPTANCE POLICY
If you wish to purchase any product made available through the Website (“Purchase”), you will be asked to supply certain information including, your billing address, and your shipping information.
PayPal Payment Processing
We offer you a secure and convenient method for making payments online using PayPal. The PayPal system uses industry-leading security measures to ensure that your financial information is kept private.
After you select your products and click on the “Check out with PayPal” button, you will complete your payment and shipping details on the PayPal website. Once PayPal clears your payment, we will send you an email confirming your purchase. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of PayPal.
Additional information about the PayPal payment system may be found on the PayPal website.
A preliminary confirmation will be sent by email when your order is placed. Once your package is shipped we will send you a second email with a tracking number, to enable you to track the shipment.
After completion of the purchase process, your Purchase will be shipped to the address provided by you. For removal of doubt the prices listed on the site do not included shipping costs, clearing costs, custom or import duty charge. Please note that the expected delivery date is an estimate only, and we will not be responsible for any delay in delivery.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of the Purchase, and to us for direct marketing purposes.
You undertake that all of the details which you provide to us for the purposes of your Purchase and its delivery will be correct and that the chosen method of payment is your property and that sufficient funds or credit facilities are available to cover the full cost of the Purchase
We reserve the right to refuse or cancel your order at any time for any reason including but not limited to: product availability, errors in the description or price of the product, error in your order or Purchase or for any other reason.
Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided; all received monies will be refunded using the method received.
We do not provide qualitative advice regarding the fitness for purpose and merchantability of any products offered on the Website. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Website.
The Website and its original content, features and functionality are and will remain the exclusive property of Otentik and its licensors. The Website and our products may be protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
All rights not expressly granted herein are reserved.
Any un-authorized use of the materials appearing on the Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Limitation of Liability
YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING THE WEBSITE AND/OR ANY OF THE PRODUCTS SOLD THEREUNDER.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, PRIVACY, DATA, GOODWILL OR OTHER ECONOMIC ADVANTAGE) CAUSED BY USING THE WEBSITE OR A PRODUCT PURCHASED THEREUNDER, HOWEVER IT ARISES, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Website and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Website.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
As a condition of your access to and use of the Website, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Website, your Purchase, or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
International Customs Charges
SOME ORDERS MAY INCUR A CUSTOMS OR IMPORT DUTY CHARGE. We do not have any control over these charges or are unable to advise what they will be, as it is based on your own countries regulations & compliances. For further information, please contact your local customs office. All charges are to be paid by you on delivery of order. We will never pay these customs charges on your behalf. If you refuse to pay these charges your parcel may be abandoned, and we will not be held responsible for any loss of funds as a result of this occurrence. We cannot mark international orders as a gift in order to bypass or reduce any customs fees. This is an illegal practice and as an established business we will not do this.
Product Use & Liability
The Otentik sunshade is made from excellent quality Italian fabric provided by “Euro Jersey” which should provide certain protection from the sun and the wind. Notwithstanding the foregoing, and for the removal of doubt, the Otentik sunshade does not offer 100% protection from the sun or from the wind and we are not responsible or liable for any injuries or health related implications (with regard to sun or wind exposure or whatsoever) relating to the use of the sunshade or any other product you Purchase.
To reduce health related implications from sun exposure we recommend using other sun protection means such as high UV sunblock, hat and clothes even while under the sunshade as UV sunrays can scatter and reflect into the sunshade.
To reduce to wind related injuries please ensure the sand bags are full to their maximum capacity and the shade is stretched to the max.
Wear & Tear
All Otentik products are designed from the highest quality of Italian fabric provided by “Euro Jersey”. Our products are designed to last many years for you enjoy them. However ongoing sun exposure will reduce the fabric’s quality in time. Its colour will start to fade and the protection the sunshade provides from the sun may lessen.
In no case will Otentik be held reliable or accountable for any wear and tear.
Colour Reproduction; Size variations
We take great care with the colors used in the products. The limitations of colour reproduction and the individual colour settings of your screen may mean a slight variation. Every reasonable care has been taken to ensure that the descriptions are accurate but please take into account that the color of the product will may vary from the color as it appears on your screen. In addition, please note that there may be variations in the dimensions of the Product, of up to 5% in each direction.
Buying and Selling in Israel; Return and Refund Policy
We take great care and pride in everything we make. In the unlikely event that you received a defective product in Israel please contact us right away. We will replace all orders placed and shipped to Israel it as quickly as possible with a product of like quality and kind subject to these conditions:
- Complaint doesn’t exceed more than 14 days from the purchase date of the product, has not been used and is returned with the original shipping box – we understand that sometimes a product can get damaged before you even received it. Whether during shipping or even at the factory, these things seldom happen but they do nonetheless. This is why we give you 14 days from the day you purchased our product to let us know if you received it with any sort of fault whatsoever and we will replace your product with a new one. We just ask that you send us at your own expense the faulty product so we can inspect it and figure out what went wrong.
- Complaint exceeds more than 14 days from purchase date – in the event that you have a complaint about our product but it is more than 14 days from the purchase date we cannot undertake to replace your order with a new one. What we will do is try to understand what happened and offer you a solution based on our experience until you are satisfied.
- In Israel: In the unlikely event that you had a change of heart and wish to return our product and receive a refund we will happily do so as long as these conditions are met: you advise us within 14 days of the purchase of the product (or receipt of the product if you are in Israel); our product wasn’t opened or used and is still inside the original shipping box; and we receive our product back at our warehouse (shipping of the product at your own expense) no later than 4 days from the day of request and have had a chance to inspect it. If these conditions are met, we will provide a full refund (excluding shipping costs) less administrative costs of the lesser of (i) NIS 100 (or the equivalent in the currency in which you paid) or (ii) 5% of the order value.
Availability in stock
We cannot always promise that we will have the exact same colour of shade in stock that matches the one you purchased. In such case, we can always offer you a different colour or alternatively if there is a shipment on its way with your preferred colour we are happy to offer you that solution as an option but ask that you be patient with the delivery.
We may revise, discontinue or modify products or Websites at any time without prior notice to you and products may become unavailable without notice. We shall have no liability of any kind if any product or Website is not available.
We warrant to you that any product purchased from us via the Website is of satisfactory quality and reasonably fit for the purposes for which products of the same kind are commonly supplied. To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise).
Privacy & Personal Information
Otentik values the privacy of your personal data, and will not share or sell your data to any third parties or advertisers without your explicit consent. The information you give us is used solely for purposes such as responding to your requests, processing your order, providing you with information regarding our products and marketing promotions, and communicating with you regarding your purchase.
These Terms shall be governed and construed in accordance with the laws of Israel, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website the products sold thereunder, and supersede and replace any prior agreements we might have between us regarding the Website and the products sold thereunder.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 15 days’ notice prior to any new terms taking effect.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Website. Your continued use of the Website will be deemed as your acceptance thereof.
Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Complaints & Enquiries
All Otentik branded products are made of the highest quality of Italian fabric and made with the greatest of care.
We hope you do not run into any problems with your purchase however if you do be assured our knowledgeable and friendly staff will work hard to solve any problem you might have so please get in-touch with us via phone, mail or our Facebook page:
We don’t offer 24/7 customer Website and our hours are 8:00 AM to 4:00 PM Sunday to Thursday, local time (Israel). Should you still need assistance outside those days and hours we recommend you either send us an email or message us on our Facebook page and we will do our best to get back to you as soon as we can.
The registered office of Otentik is Kefar HaNoar, Hadassah Neurim, Beit Yannay, Israel
We may have a local distributor in your country. When you place an order for products for delivery in a country for which we have a local distributor, it may be delivered by them or from us, depending on availability and other considerations. If delivered by a local distributor than the applicable law and other conditions may apply.