- The “CASTRO” website (Hereinafter: “The Site”) is an internet website constituting a virtual store to purchase products and services by the public surfers over the internet. The website owner and operator is the “Castro Model Ltd.” Company, Public Company 520037649 whose registered office is located at 31 Ort Israel Street, Bat Yam 59590 (Hereinafter: “Castro”).
- Castro allows the use of its website subject to the following terms and conditions (hereinafter: "Terms").
- An action through the website is any action performed through the website, including but not limited to purchasing products and/or services offered on the website (Hereinafter: “Action”).
- The provisions in these Terms will apply to any action performed by a “User”, as defined below, in the website.
- These Terms constitute a binding engagement contract between the User and Castro, for all senses and purposes. It is clarified that surfing the website and/or performing actions through the website, constitute the User’s consent to accept and act in compliance with the provisions in these Terms. If you do not agree to any of the Terms, you are requested not to make any use of the website. And it is stressed that anyone performing an action through the website declares that he is aware of the Terms in relation to the website and accepts them and that he and/or anyone on his behalf will not have any allegation and/or claim against the website owners and/or its operators and/or on their behalf other than allegations associated with a breach of the website owners and/or its operators undertakings pursuant to the Terms and these participation rules.
- For the purpose of these Terms “User” - any individual including but not limited to a company, may use the website, including but not limited to performing actions through the website, all subject to complying with the accumulative conditions detailed below:
- The User is qualified to perform binding legal actions; in the event you are a minor (under the age of 18) or you are not entitled to perform legal actions without guardian’s approval, you are required to inform your parents and/or legal guardians (“The Parents”) of the provisions in these Terms and to obtain their approval to execute any action of any type within the framework of the website. The parents are responsible to inform the minors interested in surfing the website of these Terms and to monitor the minors' actions so that the minors act pursuant to these Terms. Any action that is performed by the minors through the website constitutes the minors and/or the parents consent to the provisions in these Terms.
- The User is a holder of a valid Israeli or international credit card.
- The User has an active electronic mail address over the internet.
- It is clarified that Castro is entitled, pursuant to its discretion, to terminate the website’s activity at any time and without any advance notice.
- Castro reserves the right to prevent access to the website and/or to prevent the option of making a purchase through the website and/or to cancel the User’s participation whose conduct is inappropriate or that is not in accordance with the Terms or that tries to prejudice the proper management of the website.
- These Terms can be changed and/or revised at any time by Castro and/or anyone on its behalf pursuant to their exclusive discretion.
- The provisions in these Terms refer equally to the two genders and use of masculine form is solely for convenience purposes.
- The headings of the chapters are for the User’s convenience and orientation purposes and will not serve as an aid to interpreting the Terms.
Services Offered Through the Site
- The Castro website offers a variety of content and/or services and/or actions including but not limited to the services detailed below:
- Surfing and perusing the various contents.
- Purchasing products and/or services.
- Creating a “Wish List” - a list of items selected by the User.
- Sharing and sending items from the website, from the User to his friends and acquaintances via email and/or sharing through the social networks.
- Providing review and/or responses to items and/or contents on the website that are published on the website and/or the Castro facebook page. It is clarified that Castro is entitled to choose, pursuant to its exclusive and absolute discretion whether to publish or prevent the publication of the review.
- Tagging an item or an item to be selected by the User through the social networks.
- Registering to mailing lists (receipt of content, marketing and advertising information via various forms of media of the User’s choice).
- It is clarified that Castro does not undertake that all these contents and services will be given and/or will be given regularly and continuously through the website and Castro will be entitled to change (including but not limited to broadening or limiting) the list of content and/or services rendered through the website, pursuant to its exclusive discretion and without having to give any notice in advance.
- It is clarified that Castro is entitled to choose to disqualify and/or not to upload to the website and/or the Castro page on facebook any response and/or review and/or picture and/or content (Hereinafter: “The Content”) which pursuant to its absolute and exclusive discretion, may infringe Castro’s goodwill and/or public feelings and/or of a blatant or hurtful nature in a sexual or other manner and/or which may infringe any intellectual property rights and/or conflicts with any law and/or for any other reason.
- Any User of the services offered through the website hereby declares and confirms that it gives Castro the full and exclusive right to use the contents and confirms and undertakes that Castro will be entitled to use his name and/or picture within the framework of any publication and/or presentation of content through the website and/or on the facebook page without any payment. This right of Castro’s is reserved for an unlimited period of time. Likewise the User of the services confirms that he is aware of the fact that from the moment the review and/or responses are publicized, shared, tagged and uploaded and content of any type to the website and/or the facebook page, these actions will be exposed to the public and all deriving therefrom, and the User confirms that he took this into account upon deciding to use these services.
- The User confirms that Castro has goodwill in its field of activity and that he must refrain from hurting Castro’s goodwill including refraining from taking any action on the website that may prejudice Castro’s good name in the public’s eye. In this context the participant undertakes that it will not act in any manner that may prejudice the company’s goodwill as stated above.
Purchasing Through The Site
- The website allows, inter alia choosing and purchasing items from the items appearing on the website in an easy, convenient and quick manner.
- In order to place an order one must first choose the item or the service, the requested color and the size.
- For each item or service offered on the website an “product page” will be displayed upon which the details pertaining to the item or the service offered will appear and the sale price (Hereinafter: “The Product Page”). Your attention is drawn to the fact that Castro is entitled to revise the Product Page from time to time and to add or remove items, to remove products that are no longer in stock, to add colors and/or sizes and to update and/or change the item price from time to time. It is clarified that the pictures on the website are solely for illustration purposes, pictures may differ from the actual products themselves, including but not limited to the colors appearing in the pictures and the details of the items. These differences derive, inter alia from the fact that the products are photographed and displayed on a computer screen.
- The prices listed on the website include VAT prescribed by law unless expressly stated to the contrary.
- In order to make a purchase through the website the User will be requested to select a password and to type in basic details such as his name, address, electronic mail address, telephone number and credit card number. In order for the order to be handled quickly and hassle free, one must ensure to remit correct details otherwise Castro will not be able to guarantee that the order be processed (Hereinafter: “Placing the Order”). Your attention is drawn to the fact that knowingly remitting false details may be considered a criminal offense. Civil and criminal legal measures may be taken against those submitting false details, including but not limited to a claim in torts for damages Castro sustains due to obstructions relating to the operation of the website. Likewise, the information that is remitted by the User through the website will serve, inter alia to send electronic mail concerning special offers or updates to the website , only after receiving the User’s permission to do so.
- Upon placing the order Castro will run a check pertaining to the credit card details and upon receiving the order confirmation from the credit card companies, will deliver appropriate notification to the User that the order was approved.
- It is clarified that the person executing the action will be charged the cost of the product or the service that was purchased by him through the credit card immediately upon concluding the order.
- The product/s and/or the service/s to be purchased through the website (i.e. whereupon an order was placed by the User and it was approved) will be referred to below as: “The Items”.
- Conditions To Complete The Purchase Transaction
• The purchase transaction will only be concluded after completing the order process and after Castro receives approval from the credit card companies that the charge has been approved in accordance with the work procedures in effect between them and Castro. In the event a transaction is not approved by the credit card companies - the customer will receive appropriate notification.
• Completing the purchase transaction is also contingent upon the fact that the requested items are in stock at the time the order process is completed. In the event an item is no longer in stock and/or there is a problem will supplying the item, due to whatever reason, Castro will be entitled to notify the User that the order was cancelled. Such notification will be delivered to the User via electronic mail and/or over the telephone, as Castro so chooses. In such a case, the User will have no allegation whatsoever against Castro and by the mere fact that an order is placed the User waives any such allegation.
• Castro reserves the right to limit the number of items in each order.
26. The order will be recorded in the Castro computers and they can be reviewed and track the handling progress using the “My Account” link on the website. Likewise, confirmation will be sent via electronic mail pertaining to concluding the transaction within 48 hours of the purchase transaction being concluded by the User on the website.
It is clarified and stressed that an electronic mail notification being sent in respect of the order being recorded in the Castro computerized system does not constitute evidence of the fact that the transaction was completed and the fact that an email notification was sent is not binding upon Castro. It is clarified that the Castro computer system records containing a computerized and automatic record of all actions through the website constitute prima facie evidence of the content thereof.
27. The User may choose to have ordered items delivered directly to his home and/or to another destination of his choice or alternatively, may choose to have items sent to one of the Castro stores of his choice.
Delivery to User’s Home:
• Castro will deliver the items to the User through an independent courier service company (Hereinafter: “The Courier Service Company”).
• Delivery of the items by the courier service company will be within a number of days following the date the order was placed through the website (up to 7 business days).
• Castro is not responsible for any act and/or omission committed by the courier service company, including but not limited to a delay in making the delivery.
• Items will not be delivered out of Israel.
• Items will not be delivered on Fridays/Saturdays/Eves of Holidays and holidays.
• Castro is not obligated to deliver the items to areas having restricted access due to security reasons.
• Delivering items to the User’s home involves payment of a delivery charge as detailed on the website [Hereinafter: “Delivery Charge”].
• The delivery charge will be added to the price of the items stated on the website.
• The delivery charge will be collected due to delivery to one destination, whether one or more items were ordered.
Delivery To One Of The Castro Stores Across The Country:
• Delivery of the items to the store will be within a number of days following the date the order was placed through the website (up to 7 business days).
• The items will be delivered to the Castro store selected by the User, of his preference, and as marked by the User on the website [a list of the stores appears on the website]. It is clarified that deliveries will not be made to the “Castro OUTLET“ stores.
• Upon the ordered items reaching the Castro store of the User’s choice, the Castro representative will contact the User by telephone for the purpose of apprising him that the items have reached the stored. The User will collect the items from the store during the course of the store’s hours of business.
• Castro will keep the items at the aforementioned store for 10 days.
• In the event the User does not come to collect the items from the store within 10 days, then Castro will be entitled to cancel the transaction. Under the circumstances stated above the User will have no allegations and/or demands and/or claims against Castro in connection with cancelling the transaction.
• In the event the items are delivered to a Castro store and are collected by the User from the store, the User will not be charged any delivery charges.
28. The delivery dates stated above will be counted from the date the order is approved by the credit card company.
29. It is clarified that the delivery dates detailed above are estimated dates. It is possible that changes will be made to the delivery dates due to delays dependent upon a third party and which are not dependent upon Castro. The User confirms that it is aware that it is possible that the items will be delivered within a shorter or longer period of time than the estimated date and he also confirms that he is aware that Castro will not be responsible for a delay in delivering the items in the following events:
• Due to a “force majeure” and without prejudicing the generality of the provisions above, a state of war, terrorist attacks, states of emergency and natural disasters.
• Strikes and/or go-slows with the suppliers of the goods required to manufacture and/or ship the products.
• Any other reason not within Castro’s control.
• In regions with limited access from a security aspect, Castro will be entitled to deliver the items to the User at a nearby and acceptance location and this upon coordinating this in advance with the User.
• It is clarified that Castro does not give any undertaking in respect of the delivery dates whereupon the items are not in stock. If certain items are not in stock, Castro will notify the User thereof who will be entitled to cancel the order.
30. It is clarified that delivering the items (to a Castro store or the User’s home) may be contingent upon a showing of the User’s identity card and upon a showing of the “order confirmation number” as received from the ordering system in respect of concluding the transaction, pursuant to Castro’s exclusive and absolute discretion. It is agreed that Castro and/or anyone on its behalf will be entitled to demand any additional means of identification, pursuant to its discretion, as a condition precedent to delivering the items to the User.
The CU Loyalty Program
31. A Castro customer loyalty program intended for Castro customers interested in subscribing to the program, subject to the provisions in the program’s Terms appearing on the website (link) (Hereinafter: “The CU Members”).
32. A User who is a CU member, who identifies himself as such on the website will be entitled to execute the following actions:
• In respect of any order placed through the website by the User who identified himself as a CU member, the User will be entitled to accumulate points to be realized as if the items were purchased at a regular store, all subject to and in accordance with the provisions in the loyalty program Terms publicized on the website (link).
• Through the website the User who is a member of the “CU“ loyalty program, may keep track of the number of points he has accumulated. It is clarified that Castro does not regularly update the number of points on the website and that points that are added and/or retracted in relation to points that the User who is a CU member has accumulated will be executed within 48 hours of the date the points were accumulated or realized and therefore checking the number of points immediately after they are realized or the accumulation of points may be inaccurate or not up to date and the User waives any allegation and/or claim and/or demand against Castro in connection thereto.
• It is not possible to subscribe to the CU program or renew membership to the CU program through the website - for the purpose of subscribing / renewing membership to the CU program you must contact Castro’s customer service department by telephone at 1800-266066 or alternatively, by going to one of the Castro stores.
• It is clarified for the sake of removing any doubt that membership in the CU program is personal and cannot be shared or transferred and cannot be used by any other person other than the CU member himself. Therefore, the User identifying himself with another’s name and/or displaying personal details that are not the User’s real details and this for the purpose of identifying himself as a CU member for the purpose of accumulating and/or realizing points is prohibited and conflicts with the provisions in these Terms and conflicts with the provisions in the CU program Terms.
• It is clarified for the sake of removing any doubt that the CU members' entitlement to accumulate points and/or realize points is personal for each and every member and cannot be transferred to another member and/or consolidated with a number of members. Likewise, you are reminded that the benefits awarded within the framework of the loyalty program are granted solely to the CU members themselves and cannot be transferred and/or endorsed to a third party who is not a member of the program.
Cancellation of a Purchase Transaction
33. The User may cancel the transaction that he concluded through the website in accordance with the provisions in the Consumer Protection Law, 5741 - 1981 (Hereinafter: “The Consumer Protection Law”) or alternatively, to exchange the product with an equivalent alternative product or pecuniary credit, all as detailed below:
34. Canceling a transaction within one hour of completing the order of the items through the website and before the item is shipped – maybe effected by giving a cancellation notice via telephone to the customer service department at 1800-266-066.
Under the circumstances stated above the User will be entitled to receive full reimbursement of the amount paid (including but not limited to the shipping charges, insofar as charged).
35. Cancelling the transaction after the User receives the item, other than due to a defective product and/or unsuitability - the User may cancel the purchase transaction within 14 days of receiving the item provided that the product is intact and no use was made thereof.
The transaction will be cancelled by returning the item to one of the Castro stores of the User's choice (and to the exclusion of the “Castro OUTLET” stores), provided that the item is intact and no use was made thereof.
It is clarified that in the event the transaction is cancelled other than due to a defect and/or unsuitability, the User will not be refunded for the shipping costs.
36. Canceling the transaction as a result of a defect and/or unsuitability between the product and the items as they appear on the website - the User must check the item immediately upon receiving it. In the event the item received by the User is defective or whereupon the item specification actually differs from that displayed on the website, then the User may cancel the transaction within 14 days of receiving the item by returning the item to one of the Castro stores (to the exclusion of the “Castro OUTLET“ stores).
37. Any question relating to inquiries, exchanges, returns etc. must be referred to the Castro customer service department via email at email@example.com or via telephone: 1-800-266-066.
38. In any case, returning a product, exchanging a product with another or receipt of a pecuniary credit will be executed subject to the following conditions:
• Upon returning the product to one of the Castro stores together with an invoice, provided that no use was made of the item and none of the item labels were removed.
• Jewelry, perfumery, spa and cosmetic products - provided that the packaging is sealed.
• Underwear cannot be returned.
39. In the event of cancellation of a transaction, for which a refund is due, such refund shall be credited to the original form of payment.
40. Exchanging the item with another product or returning it and receipt of a credit note will be concluded at the Castro stores in accordance with the general exchange policy in effect at the Castro chain, as revised from time to time, within 14 days of the User receiving the product and provided that no use was made of the product.
Warranty, Security and Privacy
41. Castro and/or anyone on its behalf operate common practiced precautionary measures in order to keep, insofar as possible, the information secret.
42. The User’s personal details (name, e-mail and such like), will be kept in Castro’s database [Database Number 691726 registered in Castro Marketing (1985) Ltd. Company’s name)].
43. The Castro website is a secure website , that is to say, the data fed into the system by customers upon registering and/or surfing and/or purchasing a product will be kept confidential and secure. In order to protect secrecy of the information, Castro operates through an electronic trade protocol (SSL- Secure Socket Layer) that serves to encrypt data from the moment it is received in the system and until it is transferred to the Castro website.
It is stressed: the credit card details of Users concluding transactions through the website are not kept in the Castro systems since Castro uses an external company [CreditGuard] for the purpose of clearing credit cards.
44. It is clarified that since we are referring to online transactions, Castro is unable to guarantee absolute immunity against its computers being hacked or the stored information being exposed by those committing illegal actions and therefore if a third party succeeds in hacking the information that is kept by Castro and/or abuses the information, the User will have no allegations, claims or demands against Castro. Likewise, in cases deriving from a force majeure, Castro will not be liable for any damage of any type, indirect or direct, the User or anyone on its behalf sustains if any information that is remitted is lost or reaches a hostile entity and/or any unauthorized use is made thereof.
45. Castro undertakes that it will not make any use of the Users details registered with the website other than for the purpose of operating the website and in order to allow for purchases to be transacted through the website as well as for the purpose of keeping in contact with the User. Notwithstanding the foregoing, Castro will be entitled to transfer the User’s personal details to a third party in the event the User committed an act or omission that hurts or is likely to hurt Castro and/or third parties, the User used the Castro services to commit an illegal act, if Castro receives a judicial order instructing it to remit the User’s details to a third party and in respect of any dispute or legal proceeding.
46. Likewise, Castro may use the User’s personal details, without identifying the specific User for the purpose of statistical analysis of the information and presenting it and/or delivering it to other entities.
Castro Canceling a Purchase Transaction
47. Castro reserves it right to terminate at any time, pursuant to its exclusive discretion, activity on the website and/or to cancel any purchase transaction executed by a User, including but not only, in each one of the cases detailed below:
• If after the purchase transaction was completed it becomes apparent that the item is no longer in stock.
• The credit card details and the User’s full details were not inputted into the system.
• Any time an action was executed contrary to these Terms.
• The User committed an illegal act and/or violated the provisions in the law;
• The User, upon concluding a purchase transaction and/or thereafter, remitted wrong details;
• The User committed an act or omission that hurt Castro and/or anyone on its behalf and/or the website’s regular activity and/or other third party.
• If in the company’s opinion, the User intends on reselling the items purchased by it through the website to a third party. In this context the User confirms and undertakes that it will not sell items purchased through the website to a third party.
• The User did not go to the store to collect the items that were ordered by it within 10 business days.
• In any case that due to a “force majeure” Castro is unable to properly operate the website , to supply the products to the User and/or meet any other of its obligations. In this section “Force Majeure” means: including but not limited to computer malfunctions, malfunctions with the telephony system or malfunctions with other communication systems, sabotage and any security incident.
48. Under such circumstances Castro is entitled to cancel the transaction or offer the User an equivalent alternative item, pursuant to its discretion and in accordance with the circumstances of the cancellation.
49. Whereupon such a sale is cancelled Castro will not be responsible and will not bear, in any event, any direct, indirect, consequential or special damage the User or third party sustains including but not limited to damage in respect of purchasing the product and/or the service from a third party at a higher price.
50. For details and inquiries in respect of products and/or the delivery thereof you may contact Castro’s customer service department via emails at firstname.lastname@example.org or via telephone: 1-800-266-066.
51. All of the intellectual property rights to all content on the Castro website, including but not limited to trade marks, patents, copyrights, designs, methods and trade secrets are Castro’s property only. These rights apply, inter alia, to the graphic design of the Castro website, the databases therein (including but not limited to the product lists, the product descriptions etc.), the website’s computer code and any other detail associated with the operation thereof.
52. No commercial use will be made of the data published on the Castro website, the database on the website, the lists and pictures of products appearing on the website or other details that are published by and/or on behalf of Castro without obtaining Castro’s consent to do so in advance and in writing.
53. No use will be made of any data published on the Castro website for the purpose of displaying them on a website or other service contrary to the provisions in the agreement and/or without obtaining Castro’s consent to do so in advance and in writing and subject to the conditions of such consent (if and insofar as given). Inter alia it is prohibited to collect data from the website through software and/or to distribute such data in public in a commercial manner or in a commercial framework.
54. No information will be copied, duplicated, distributed, sold, marketed and translated from the website (including but not limited to trade marks, pictures, texts and computer code without obtaining Castro’s explicit permission to do so in advance and in writing.
55. The website will not be displayed within a blatant or concealed Frame and no links will be made to the pages in the website (“Deep Link”) but rather only to the home page.
56. The website will not be displayed in various graphic designs or interfaces designed by Castro unless Castro’s consent was given in advance and in writing to do so.
57. The name Castro Model Ltd., the brand name product CASTRO, Castro’s trade marks (whether registered or not) and such like - all are Castro’s property only. No use will be made thereof unless its consent to do so was given in advance and in writing.
58. Icons, any information and/or displays appearing on the website, including but not limited to graphics, design, verbal displays, trade marks, logos and the editing and displaying of these are exclusively owned by Castro and/or anyone on its behalf. The content appearing on the website will not be copied, duplicated, distributed, publicized or used by any other means unless Castro gave its consent to do so in advance and in writing.
Governing Law and Jurisdiction
59. The law to govern these Terms and/or any action and/or any dispute deriving from them is solely the Israeli law.
60. In any case of a dispute, exclusive jurisdiction to entertain any dispute deriving, directly or indirectly, from the provisions in these Terms and/or use and/or purchase from the website - will be given to the courts (Magistrate and District) in Tel-Aviv-Yaffo and not to any other court or judicial instance.