Terms of Use

The website freshultimate.com (hereinafter: "the Website" or "Fresh" or "the Company") is an internet website that serves as a portal for disc golf players and a virtual store for purchasing products and services by the surfing public on the internet. The owner and operator of the Website is Fresh Ultimate, VAT No. 305575532, with its registered office at 5 Bialik Street, Tel Aviv (hereinafter: "the Company" or "the Website"). It is clarified that the Company is a company that imports to Israel and distributes disc golf brands, sports accessories (hereinafter: "the Products").

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The provisions of this agreement shall apply to any action taken by the "User," as defined below, on the Website and/or in connection with purchases made through it.

This agreement constitutes a binding contract between the User and the Website, for all intents and purposes. It is clarified that browsing the Website and/or performing actions on the Website constitute the User's consent to accept and act in accordance with the provisions of the agreement. If you do not agree to the terms of this agreement, you are requested not to use the Website. It is emphasized that anyone who takes action on the Website declares that they are aware of the Website's terms of use and accepts them, and that they and/or those on their behalf will have no claim or demand against the owners of the Website and/or its operators and/or anyone on their behalf other than claims relating to the breach of the obligations of the owners of the Website and/or its operators under these terms of use.

For the purposes of this agreement, the term "User" shall mean any person, including a company, who makes any use of the Website, including performing actions through the Website, all subject to the conditions set forth below:

a. The User is legally capable of performing binding legal actions; if you are a minor (under the age of 18) or not entitled to perform legal actions without the approval of a guardian, you are required to inform your parents and/or legal guardians ("the Parents") of the provisions of this agreement and to obtain their approval to perform any activity, of any kind, through the Website. The Parents are responsible for informing minors interested in browsing the Website of the terms of this agreement and supervising the activities of minors to ensure that they act in accordance with the terms of this agreement. Any activity carried out by minors on the Website constitutes the consent of the minors and/or the Parents to the above terms of use.

b. The User who wishes to make purchases through the Website must have a valid Israeli or international credit card.
c. The User who wishes to make purchases through the Website and/or receive newsletters must have an active email account.

General Terms

It is clarified that the Website may, at its sole discretion, cease its activity and/or part thereof at any time without prior notice.

The Website reserves the right to prevent access to the Website and/or the ability to make purchases on the Website and/or to cancel the participation of a User whose behavior is inappropriate or not in accordance with the terms of use, or who attempts to harm the proper management of the Website.
The sale on the Website is not intended for wholesale and is not intended for resale (purchase of products from the Website for the purpose of selling them to other customers).
This agreement may be changed and/or updated at any time by the Website and/or those on its behalf, at their sole discretion.
The provisions of this agreement apply equally to both genders, and the use of the masculine language is for convenience only.
Chapter titles are provided for convenience and the user's reference and shall not be used in interpreting the agreement.

Services Offered on the Website

The Website offers a variety of content, services, and actions, including the following detailed services:

Browsing and viewing various content
Purchasing products and/or services
Sharing and sending items from the Website to friends and sellers via email and/or sharing and tagging through social networks
Registration for newsletters to receive informational, marketing, and promotional information through various media.
It is clarified that the Company does not undertake that all of these contents and/or services will be provided and/or provided continuously and continuously on the Website, and the Company reserves the right to change (including expand or narrow) the list of contents and/or services provided on the Website, at its sole discretion and without prior notice. It is clarified that the Website may choose to reject or not to upload to the Website and/or to the Facebook page and/or to any other social media any response and/or feedback and/or image and/or content (hereinafter: "the Content"), which, in its sole and absolute discretion, may harm the reputation of the Website and/or the public's feelings and/or has a vulgar or offensive nature in a sexual or other manner and/or may infringe any intellectual property rights and/or is contrary to any law and/or for any other reason. A user who has uploaded content to the Website declares and confirms hereby that he grants the Website full and exclusive rights to use the content and confirms and undertakes that the Company shall be entitled to use his name and/or image in any advertising or display of the content on the Website and/or on the Facebook page and/or on any other social media without any payment whatsoever. This right of the Website shall be preserved indefinitely. In addition, the user of the services confirms that he is aware that once the feedback and/or comments, sharing, tagging, and uploading of content of any kind to the Website and/or to the Facebook page are published, these actions are exposed to the public, with all that implies, and the user confirms that he takes this into account in his decision to use these services. The user confirms that the Website has a reputation in its field of activity and that he must refrain from any action on the Website that may harm the reputation of the Website, including refraining from any activity on the Website that may harm its good name in the eyes of the public. In this context, the participant undertakes not to act in a manner that could harm the reputation of the Company as stated above. By uploading the content, the user confirms that he owns all rights to it and that he is authorized by the rights holder to transfer it and grant rights of use as detailed above. If the participant is not the creator or owner of the rights in the content he submitted, the participant confirms that he has the legal authorization from the rights holder, authorizing him to transfer them and grant rights of use as detailed above. The Company shall not be liable for any damage caused as a result of infringement of the rights of the owners of the rights in the content. The user bears full and exclusive responsibility for any presentation or publication of the content he submitted and undertakes to indemnify the Company for any damage caused as a result.

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Purchase on the website

The website allows, among other things, the selection and purchase of items from the items displayed on the site, in an easy, convenient, and fast manner. To place an order, first, select the desired item or service. For each item or service offered on the site, a "Item Page" will be displayed showing the details of the item or service offered and the selling price (hereinafter "Item Page"). Please note, the site may update the Item Page from time to time, add or remove details, remove products that are out of stock, add colors and/or sizes, and update and/or change the price of the item from time to time. It should be noted that the images on the site are for illustration purposes only, and there may be differences between the images, including the colors appearing in the images and the details of the items and the actual items. Such changes result, among other things, from the fact that the items are photographed and displayed on a computer screen. The prices displayed on the site include VAT according to law unless expressly stated otherwise. In order to make a purchase on the site, the user will be asked to choose a password, and also enter basic details such as name, address, email address, phone number, and credit card number. In order for the order to be processed quickly and smoothly, it is important to provide the correct details, otherwise the company will not be able to guarantee the order (hereinafter: "Order Execution"). The responsibility for the accuracy of the information provided lies solely with the user. Please note, providing false information knowingly may constitute a criminal offense. Users who provide false information may be subject to civil and criminal legal action, including claims for damages for damages caused to the site due to disruption of site operation. Also, the information provided by the user on the site may be used, among other things, to send email regarding special promotions or site updates, only after receiving the user's consent. During the order process, the company will verify the details of the credit card, and upon receiving the order approval by the credit card companies (it is clarified that with regard to credit card details, the reference above and below is also to "PayPal" or any other electronic payment service offered and accepted on the site), the user will receive a suitable notification that the order has been approved. It should be noted that the charge for the cost of the item or service purchased will be made using the credit card immediately upon completion of the order. The product(s) and/or service(s) purchased through the website (i.e., an order was placed and it was approved) will hereinafter be referred to as "Items" or "Services."

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Conditions for completing the purchase transaction

The purchase transaction will be completed only after the order process is completed and after the site receives approval from the credit card company for the charge, according to the existing procedures between it and the site. In cases where the transaction is not approved by the credit card company, the customer will receive a corresponding notification. Completing the purchase transaction is also conditioned upon the availability of the requested items in stock at the time of completing the order process. In the event that an item is out of stock and/or there is a problem with its supply, for any reason, the site may notify the user of the cancellation of the order. Such notification will be sent to the user by email and/or by phone message, as chosen by the site. In such a case, the user will not have any claim against the site and by completing the order, the user waives any such claim. The company reserves the right to limit the quantity of items in each order and/or to refrain from selling to buyers who misuse the service unreasonably and/or to their detriment. If only part of the items in the order are found, the site may fulfill the order only for those items and the user will be charged only for them. It is clarified and emphasized that there may be discrepancies between the items displayed on the site and the items available for selection and sale in practice at the actual selection and sale of items ordered, and therefore the user will not have any claim or right in this regard, except the right to cancel the order. The order will be recorded in the site's computers, and a confirmation email will be sent regarding the action taken by the user on the site. It is clarified that sending an email notification regarding the registration of the order in the site's computerized system does not constitute completion of the action and the sending of the email notification is not to obligate the site. It is clarified that the computer system records of the site, which include a computerized and automatic record of all actions on the site, constitute prima facie evidence of the matters contained therein.

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Product Delivery

Delivery of products will be only to addresses in Israel. The user may choose to have the ordered items delivered directly to his home and/or to another destination of his choice.

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General Delivery

The delivery times detailed above will be calculated from the date of order approval by the credit card company. It is clarified that the delivery times specified above are estimated times. Changes in delivery times may occur due to delays dependent on the third party and not dependent on the site. The user acknowledges that it is known to him that the delivery of the items may be made within a shorter or longer time than the estimated time, and also acknowledges that it is known to him that the site will not be responsible for a delay in the delivery of the items in the following cases:

Due to "force majeure" and without prejudice to the foregoing, war, acts of hostility, emergency situations, and natural disasters. Closure and/or shutdown at the suppliers of the goods required for the production and/or transportation of the products. Any other reason beyond the control of the site. In areas limited to access for security reasons, the site may deliver the items to the user in a nearby and acceptable place, subject to prior coordination with the user. It is clarified that the site does not undertake to deliver the items when the items are not in stock. If certain items are out of stock, the site will provide a notification to the user who will be entitled to cancel the order.

It is clarified that the delivery of the items will be conditional upon the presentation of the user's ID card and the presentation of the "Order Confirmation Number" as received from the ordering system for transaction completion, at the sole and absolute discretion of the site. It is agreed that the site and/or anyone on its behalf may demand any additional means of identification, at its sole discretion, as a condition for delivering the items to the user.

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Identification on the Site and/or Site Network Club Discounts and Benefits

A registered user on the site is a user who has agreed to receive promotional material and/or has not informed that he does not want to receive promotional material as mentioned and/or has not requested to remove himself and/or his details from the site's mailing lists. The site offers registered users discounts and/or benefits, at its full discretion, and on the condition that they are registered users on the site at the time of purchase. A user who has requested not to receive mailings and/or to remove his details from the site's mailing lists may be denied benefits and/or discounts applicable to registered users.
When entering the site and/or when browsing it and/or when making a purchase, a user may identify himself as a registered user on the site and then he will be entitled to benefits and/or discounts granted to registered users on the site, subject to his consent to receive mailings from the site.

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Cancellation of Purchase Transaction by User and Exchange of Items 

The user will be entitled to cancel a transaction made on the website in accordance with the Consumer Protection Law, 5741-1981 (hereinafter: "the Consumer Protection Law") or alternatively, to exchange the product for an alternative product of equal value or a cash refund, all as detailed below:
Cancellation of a transaction before the item is shipped - will be made by a telephone call or email that the user will provide to the website's customer service. Under the circumstances mentioned, the user will be entitled to a full refund (including shipping costs, if any).
Cancellation of a transaction allows the website to charge the consumer a cancellation fee of 5% of the product/service price, or 100 NIS, whichever is lower.
Cancellation of a transaction after the user has received the item, not due to a defect in the product and/or mismatch - the user may cancel the purchase transaction within 14 days from the date of receiving the item. The cancellation of the transaction will be made by returning the item to a physical store or by shipment at the user's expense. It should be noted that in the case of cancellation of a transaction not due to a defect and/or mismatch, the user will not be entitled to a refund for the shipping costs paid by him (if paid).
Cancellation of a transaction due to a defect and/or mismatch between the product and its specifications as presented on the website - the user must inspect the item immediately upon receipt. If the item is received by the user as defective or when the item's actual specifications differ from the specifications displayed on the website, the user may cancel the transaction within 14 days from the date of receipt of the item. Upon inspection with the customer and if necessary, the date for collecting the product will be coordinated.
A cash refund in the event of a transaction cancellation will be made by crediting the credit card used for the transaction within 14 days from the date of receipt of the cancellation request and/or return of the item, whichever is later, minus the cancellation fee.
Exchange of an item for another item or its return in exchange for receiving a credit note - will be possible against returning the product to one of the sales points along with the purchase invoice, and on the condition that no use has been made of the item, the item is in good condition, and is packaged in its original packaging as much as possible.

It is clarified that in the case of a refund and/or exchange of a product and/or credit note, the amount of the credit to which the user is entitled to receive and/or exchange will be the effective cost amount of the purchase, meaning the amount paid by the user for the product at the time of the transaction, taking into account all purchase conditions (such as buy one get one free, second product at a discount, etc.) the effective cost of the returned product, the cost attributed to it, considering all the discounts and/or benefits provided within the framework of the transaction.
For any inquiries related to clarifications, exchanges, returns, etc., please contact the website's customer service department through the contact page.
In case of contradiction and/or inconsistency between the provisions of the Consumer Protection Law regarding the cancellation of a transaction and the provisions of this policy, the provisions of the law shall prevail.

Responsibility, Security, and Privacy -

The website and/or anyone on its behalf take reasonable precautions to maintain the confidentiality of the information. The user's personal details (name, email, etc.) will be kept in the company's database. To remove the information and/or unsubscribe from the mailing list, please contact the website's customer service through the methods specified on the website. The removal may take up to 14 working days from the date of receipt of the request.

It is clarified that since actions are performed in an online environment, the website cannot guarantee absolute immunity from intrusions into its computers or exposure of the information stored by unauthorized parties. Therefore, if a third party gains access to information stored by the website and/or uses it unlawfully, the user shall have no claim, demand, or request against the website. Also, in cases arising from force majeure, the website shall not be liable for any damage of any kind, direct or indirect, caused to the user or anyone on his behalf, if any information provided is lost or reaches an injurious party and/or is used without authorization. The website undertakes not to use the personal details of registered users on the website except for the operation of the website and to enable the purchase on the website, and for maintaining contact with the user including newsletters. Despite the above, the website may disclose the user's personal details to a third party in cases where the user has committed an act or omission that harms or may harm the website and/or third parties, if the website receives a court order instructing it to disclose the user's details to a third party, and in any dispute or legal proceeding. Also, the website may use the user's personal details, without identifying the specific user, for the purpose of statistical analysis and presentation, and/or for delivery to others, including for publication on the Internet and/or social networks intended for the user.

Cancellation of purchase transaction by the website

The company reserves the right to suspend, at any time, at its sole discretion, the activity on the website and/or to cancel a purchase transaction made by a user, including, but not limited to, in any of the following cases:
If it is discovered after the completion of the purchase transaction that the item is out of stock;
If the credit card details and complete details of the user were not recorded in the system;
In any case where an action was taken contrary to this agreement;
The user has engaged in illegal activity and/or violated the law;
The user provided incorrect details at the time of or after the purchase transaction;
The user has engaged in an act or omission that is intended to harm the website and/or any person acting on its behalf and/or its legitimate activity and/or any third party;
If, in the opinion of the company, the user intends to resell the items purchased by him through the website to a third party and/or in cases where there is a concern that the purchase is being made as part of a wholesale purchase. In this context, the user confirms and undertakes not to sell and/or deliver items purchased on the website to any third party; In any case where, due to force majeure, the website is unable to properly manage the website, provide the user with the products and/or fulfill any other obligation it may have. In this section, "force majeure" shall include, but not be limited to, computer malfunctions, telephone system malfunctions or malfunctions in other communication systems, any damage, and a security event. In the circumstances mentioned above, the company may cancel the transaction or offer the user an equivalent alternative item, at its sole discretion and in accordance with the circumstances of the cancellation. If a sale is canceled as stated, the website shall not be liable in any case for any direct, indirect, consequential, or special damages caused to the user or to any third party, including, but not limited to, damages for purchasing the product and/or service from a third party at a higher price.

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Intellectual property

All intellectual property rights in all content on the website, including trademarks, patents, copyrights, models, methods, and trade secrets, are the property of the website only. These rights apply, among other things, to the content displayed on the website, its graphic design, its database (including product lists, product descriptions, etc.), the website's computer code, and any other details related to its operation. No commercial use may be made of the data published on the website, the website's database, the lists, and images of the products displayed therein, or any other details published by or on behalf of the website without the prior written consent of the website and subject to the terms of that consent (if and to the extent provided). In general, it is prohibited to collect data and/or content (including images) from the website using software and/or to distribute such data commercially or in a commercial framework. It is not permitted to copy, duplicate, distribute, sell, market, or translate any information from the website (including trademarks, images, texts, and computer code) without obtaining the explicit permission of the website in advance and in writing. The website may not be displayed within a frame or linked to pages contained within it ("deep link"). The website may not be displayed in a different design or graphic interface than that designed for it by the website, except with the prior written consent of the website and subject to the terms of that consent.

Icons (icons) all information and/or display appearing on the website, including graphics, design, verbal presentation, trademarks, logo icons, as well as editing and presentation of these, are the exclusive property of the company and/or on behalf of it. It is prohibited to copy, duplicate, distribute, publish or otherwise use in any way the content appearing on the website unless the company has given its consent, in writing and in advance.

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The website may include links to third party websites or features, including through advertisements, images, or information. The information on the website may include content from third parties that are not controlled and/or related to the company. For the avoidance of doubt, the company shall not be responsible in any way for the services or features of third parties as mentioned above. The company reserves the exclusive right, at its sole discretion, to remove any link from the website and/or to add additional links.

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Law and Jurisdiction

The law applicable to this agreement and/or to any action and/or to any dispute arising therefrom, is solely Israeli law. In any case of dispute, the exclusive authority to adjudicate any dispute arising directly or indirectly from the provisions of this agreement and/or from the use and/or purchases on the website - shall be the courts (peace or district) of Tel Aviv-Jaffa and not to any other judicial court or arbitration.