Terms
and Conditions of Use
Welcome
to the website
duduoutmezgine.comof Chef
Pâtissier
Dudu Outmezgine.
Use
of the website or
the application
(both hereinafter:
the Website) operated
by Dudu Outmezgine Pâtisserie
Ltd. (hereinafter:
the Company and/or Pâtisserie)
is subject to the terms of
use
detailed below
(hereinafter: Terms of Use),
to the privacy
policy
published at: https://duduoutmezgine.com/ (hereinafter:
Privacy
Policy)
and to the regulations
of the loyalty club
of Dudu Outmezgine
Pâtisserie
Ltd. published
at: https://duduoutmezgine.com/
(hereinafter: Club
Regulations).
For convenience,
the Terms of
Use
are written
in the masculine form but
are intended for all
users browsing
the Website, women
and men alike.
Any use by
you of the Website
constitutes your
consent and approval
of the Terms of Use
and your commitment
to them. Pâtisserie
reserves the right
to update
the Terms of
Use from time
to time, at
its sole
discretion and without
the need for advance
notice. The validity
of any change to the Terms of
Use shall commence
from the moment of publication
on the Website and therefore
you must stay updated
on the Terms of Use
and Privacy
Policy with each
visit to the Website.
If you do not agree
to the Terms of Use
of the Website in whole
or in part, you are requested
not to make any
use of it
and if you do
make such use
then you will have no
claim,
lawsuit and/or
demand against
the Company.
Registration and use
of the Website are permitted
for those who are 18
years of age or older.
Website
and Application
Services:
1.
The Website
and the Application
(together: the Website)
are the
online shopping
center of Pâtisserie
for the Company’s
products
offered
for sale, which
subject to the Terms of
Use, you may
use to
search, purchase
and order
deliveries
to areas where
delivery service
is provided
by the Company, or
to collect your
order independently
from the designated pickup
location
(hereinafter:
the Services).
2.
The online
ordering
service on the Website
is limited
to certain areas
throughout the country
(hereinafter: “Defined
Delivery Areas”).
Therefore, by
checking on the Website,
or during the
registration process,
you must verify that the desired
delivery area
is included in
the list of Defined
Delivery
Areas. The Company
cannot provide
the Service outside
the Defined
Delivery
Areas,
and therefore no order will be accepted
if the address specified
in it is located outside
these areas.
Even if such
an order
was entered into the system, the Company
will not be
obligated to fulfill it
and you will not be charged
for it.
3.
The Website
is intended for personal use
only and any
commercial use of it
is prohibited.
Furthermore, you are not
permitted to use
content
originating from the Website
and/or from a
third party. Pâtisserie
shall be entitled
to terminate your
use of the Website
at any time if you do not
comply with one or
more of the Terms
of Use.
4.
Use
of the Services
offered by
the Website
and access to them
shall be void if
such use or
access is prohibited
by law.
Use
of the Services
shall be deemed
your declaration and commitment
that (a) all registration
information submitted
is true and accurate;
(b) you will maintain the
currency
and accuracy of this information;
(c) you are 18
years of age or older, (d)
your use
of the Services does not
violate any law or
regulation or any
other
obligation.
5.
The Services
and/or the form
of the Website may
change from time to time,
without advance
notice.
6.
The very act
of purchasing a product
on the Website shall constitute
a declaration by
the customer that they have read
the provisions
of these Terms,
understood them
and agreed to them.
These Terms therefore
constitute
the binding contract
between the customer
and the Company.
Registration
for the Website
7.
In order
to use
the Website’s services
you will be asked to provide Pâtisserie
with certain details
about yourself
in a registration form,
including phone number, ID number,
email, address
and credit card
details. Some
of the data
you will be asked to provide
are mandatory
fields and will be marked
explicitly as such
mandatory fields. It is not
possible to register
for the Website and/or
place an order
and/or delivery
without providing
these details.
8.
In order
to use
the Website’s services
you will be asked to provide
the mandatory details
on the registration
form
and choose a password,
which will be used
to identify you
for the purpose of receiving
the Services. You
undertake: (a) that
you are aware that you
are fully
responsible for maintaining
the confidentiality
of the password; (b)
to notify Pâtisserie
immediately of
any unauthorized
use
of your password
and/or any
other breach of confidentiality
.
9.
Pâtisserie
shall have no
liability
for unauthorized use by any
party (including a third party)
of data
provided by
you.
Manner
of Use of the Website
by
Users:
10.
Any
person using
the Website’s functions,
whether directly or
indirectly,
including a visitor,
or making other
use
declares, agrees
and undertakes
to comply with all
the following conditions:
10.1.
Not to
transfer, collect
or make
use of content
and/or details
and/or any other information
found
on the Website whether the information
in question belongs
to the Company or
to a third party. To the extent this option
exists
at all, not to
upload to the Website
illegal content
or content that harms
a third party.
10.2.
Not to
make any
use of the Website
for any purpose
that is illegal,
harmful
or destructive that
will interfere, disrupt,
alter, destroy,
impair, limit,
sabotage or affect
in any other way
the proper operation
of the Website in any
manner whatsoever, including without
limitation,
viruses,
worms, Trojan
horses,
spyware,
malicious software
or any means
or technology
that is destructive or
otherwise disruptive.
Services
Offered on the Website:
11.
The images
displayed on the Website
are for illustration
purposes only and there may be
differences between
the specifications
and images
displayed and
the products
actually supplied
.
12.
The Company
may publish
promotions and/or
discounts and any benefits
at its branches, all
or some of them,
under terms
determined by it
and at its sole
discretion.
Dudu Outmezgine
Ltd. shall be
entitled to discontinue
any such benefit
immediately
and without advance notice
.
Purchase:
13.
All
product
prices as
displayed
on the Website are quoted
in New Israeli Shekels.
Prices
include VAT at the rate prescribed by law,
and do not include
delivery charges as detailed
below.
14.
Pâtisserie
does not
guarantee that
product prices
on the Website
will be identical
to product prices
sold
at its various
branches
and there may be differences
between prices
at branches and
prices on the Website.
15.
The Website
enables
customers
to make convenient,
easy and secure purchases of
products
via
the Internet. Products
may be purchased on the Website at any time
while supplies last.
16.
Purchases
on the Website are made
by
credit card
only and the transaction
will be completed and executed
only after
receiving approval from
the customer’s credit card
company.
17.
The Company
reserves the right
to discontinue
marketing and sale
of products at any time
and to revoke
the right to purchase
on the Website by
ceasing
sales, all
at its sole
discretion.
18.
In the online
service, errors may occur
causing mistakes
in the displayed price
of a product that
is not the correct price
for the product
at that time.
this is true
regarding products
with a cost that is not
reasonable to any
reasonable person (products
that by their nature
are sold at a significantly
high
price that
will be displayed on the Website
at a price of ₪0, ₪1
and the like,
or alternatively,
the product will be displayed
at its regular price
and there may be
calculation errors
in the shopping
cart
calculator,
these are rare errors
that can
occur, and it is also
clarified that the Company
examines and corrects
any error, if
it occurred in the display
of products,
immediately.
If prices
were not entered
into the shopping
cart
and/or a product
was displayed at a price
that is not reasonable even
to a reasonable person, the Company
reserves the right
to update the
price at the
payment stage, and also
allows the customer
to return the
product and/or
cancel the
transaction.
Alcohol
19.
Purchase of
alcoholic
beverages
is permitted only
for customers whose
age is over 18
years. When
ordering such a product
you confirm that
you
are an adult
and authorized to purchase
products of this type
by law
and you confirm
that when the
products
are delivered to your home, the delivery will be received by a person
over 18
years of age. It is clarified
that by ordering
products of this type
you waive any
claim and/or
lawsuit against
the Company in the event
that
on your behalf
the delivery
is collected by someone who
is not over 18 years of age.
Returns
and Transaction Cancellation:
20.
Return of
products
and transaction cancellation
shall be in accordance
with and subject
to the provisions of the law,
including the provisions
of the Consumer Protection Law,
5741-1981
and the Consumer Protection
(Transaction Cancellation)
Regulations, 5771-2010
, the provisions of the Sale
Law, 5728
-1968, and the provisions of the Charge Cards
Law 5746-1986
and/or subject
to the Company’s
policy
as determined from time to time.
21.
It is clarified
that in accordance
with the provisions of the law,
food products
cannot be returned
once sold by
the Company after leaving
the Company’s
branches. A transaction
cannot be canceled
for products
that were produced according
to a special
order
by the customer and after
their actual production.
22.
In accordance
with the above,
a transaction
made
on the Company’s website
may be canceled before actual pickup
of the products
, whether
by the customer
or
via
courier.
23.
Transaction cancellation
may be performed
for an order placed
on the Company’s website
before its actual pickup
as stated
above, by one of the following methods
: by phone
04-9116565 or
by
email
at Info@duduoutmezgine.com
or by registered mail
to the address
15 Hashmonaim Street, Kiryat
Motzkin or
on the Company’s website
via the
“Contact Us” link or
via a dedicated
transaction cancellation link
at the bottom of the main page
of the Website.
24.
When contacting
the Company regarding
transaction cancellation
the following details must be provided
: full name,
address and order
number and/or receipt.
25.
The Company
may change
and/or cancel
an order provided
that it notifies you
before
the delivery date.
In case of
cancellation you will not
be charged cancellation
fees, and in case
of a change
you will be charged according
to the order
as changed
and actually supplied.
Self-Pickup
:
26.
The product(s)
ordered
will be collected by
the customer from the branch
selected
when placing
the order or by
someone on their behalf
upon presentation of an order
confirmation only.
27.
The
customer must check
the contents of
the order immediately
upon receipt
and before leaving
the company’s branch
and compare it
to both the order and
the invoice.
28.
The company
shall not be liable
for any delay
and/or postponement
in delivery and/or
non-delivery
caused
as a result of force
majeure and/or
events
beyond
its control.
Service
price list and delivery
fees
29.
Every
delivery order
placed on the site will be charged
a delivery fee
in the amount
of ₪40. It is clarified that
the delivery fee is
an additional payment on top of
the order payment.
30.
If
the customer chooses
self-collection
from the company’s branches
that allow
this option, no
additional charge will be applied
beyond the payment
for the products
ordered.
31.
Pâtisserie
reserves the right
to update
the delivery fee
and/or
the minimum
purchase amount on the site
from time to time according to
its sole
discretion.
Delivery
service:
32.
Placing
a delivery order is conditional
upon completing the user’s details in the registration
form on the site.
The user must
complete this registration
form during
initial use
of the site.
The user
undertakes to provide
complete,
accurate
and correct
details including
among others: name, ID
number, address,
telephone number
and email
address.
33.
Please
note that you are
giving your consent
that details you provided
to us on the site: name
and email
address
will be stored with us
in the system for the purpose of
identification in your next
order on the site.
34.
The company
will provide
deliveries to
the user’s address
in the defined
delivery
areas
only. It is clarified
that the delivery service
is limited to delivery
areas and the company
shall be entitled
to make
changes
to the delivery
areas from time
to time according to
its sole
discretion and without
providing
advance notice.
35.
The
delivery order service
on the site is adapted
to operating hours
and may
change from time
to time without advance notice
and according to
the sole
discretion of
the company.
36.
In any
case, the company
is not responsible
for any delay
and/or non-arrival
in product delivery
due to circumstances
beyond
its control and which
may
prevent the arrival
of the delivery
on time, including
provision of false details
by the customer,
provision of inaccurate
details
by the customer,
road closures
and traffic
blockages by
external parties,
natural disasters, national
emergency situations,
severe weather,
disruptions
in navigation
and satellite systems,
regulations and orders
of competent
authorities under which
it operates
and any other reason
that it did not know about
and could not
have known
about. With regard to the above,
the user releases
the company and/or
anyone on its behalf from all
liability of any kind
and type whatsoever and no
claim and/or
demand and/or lawsuit
shall be heard against it
in this matter.
It is clarified
hereby that
this list is
partial and does not
exhaustively cover such
circumstances.
37.
It is clarified
that if at the time
of product delivery,
you
or your authorized
representative are not
at the address to which
the products were ordered,
and you did not confirm when
placing the order
that you authorize leaving
the order by
your door or
in any other location
near your address,
the order will be returned
to the store and you must
coordinate with customer
service
the delivery time
for a second attempt. Failure
to schedule a new
delivery time on
your part will not exempt
you from payment for the order
you placed .
38.
for a second
delivery of the products
you will be charged
in addition to the payment
of the initial delivery
fee also
an additional delivery
fee.
39.
It is clarified
that if you authorize
leaving the order
near the door of your address
or in another location
near your address,
you agree and confirm
that the responsibility
for the products
is yours alone
and in any case of
theft and/or
damage and/or any
other claim
in connection with this you will not
be able to make
claims and/or
complaints against Patisserie.
40.
The
payment method on the site
is by
credit cards
subject to
the following:
40.1. Order
confirmation is conditional
upon using
a valid credit card
and approval
from the credit
card company
40.2. In cases
where a product that
appears on the site
is out of stock and this
is discovered only after
placing the order,
a representative from the relevant
branch
will contact
the customer
and inform them about
the stock shortages
and offer
the customer a replacement
or credit. It is clarified
that the customer will not
be charged for
the missing
products and the payment
will be refunded within 14
business days.
40.3. For the avoidance
of doubt, the company shall not
be obligated
to sell any
of the products,
and the customer shall
have no claim
and/or demand and/or
lawsuit against
the company in this matter
for any type
of direct damage
and/or indirect damage that
was caused to them and/or
to a third party, subject
to the company
returning to the customer any
amount paid if
paid, and/or
canceling the charge
if made, all
within 21
business days as stated.
40.4. You are
requested to check
the contents of
the delivery immediately
upon receipt
and compare it
to both the order and
the invoice. For any
question or inquiry
regarding the order
that was delivered, you may contact
the service representatives
by phone call
and/or by WhatsApp at number 04-9116565 or
by email
at: Info@duduoutmezgine.com immediately
upon receiving
the delivery.
Customer
service:
41.
For any
question or inquiry
regarding the product,
you may contact
the company’s service
representatives
via
the WhatsApp application
by message only at: 049116565
or by written
message to email Info@duduoutmezgine.com.
Warranty:
42.
The Company
undertakes that
at the time of collection
ordering
the product(s) will be delivered
to the customer after
undergoing quality
control and therefore
it is not
responsible for any
damage and/or
change that occurs
to the product from
the moment of its collection
from the company’s branch
after completing the order,
including among other things
damage that may occur
to the order due to failure
to maintain proper
temperature
and/or
appropriate cold
chain. In addition,
the company is not
responsible for any
direct and/or
indirect damage caused
as a result of
storing
the products not
in accordance with
the manufacturer’s
instructions.
Intellectual
property:
43.
Any
The data
and information
found on the site,
except for information found
in links
to other
sites that the site
refers and/or
may refer
to, are
the exclusive property
of Patisserie
and the information
and services
provided
by it on the site
should not be viewed
as granting
any license
or any rights
in its intellectual
property or
that of third
parties, as applicable.
The copyright
in the concept
underlying
the site,
including its trademarks,
commercial marks,
site design,
and any other action
on the site
that is unique
and exclusive to Patisserie,
are reserved for Patisserie.
44.
The
site pages may not be copied or
published in whole
or in part and/or
any use made of them or
of the information therein
including commercial
use,
without
our express
prior written
consent.
In addition,
no modifications may be made
to the site,
nor may it be copied,
distributed, transmitted,
publicly displayed,
reproduced, published
or delivered to a third
party any part
of the site without
obtaining our prior
written consent.
45.
All
intellectual
property
rights in this
sales site
are the exclusive
property of
the company
Miscellaneous:
46.
The site
in its entirety including
all information
appearing on it
and the software
underlying
it
are offered
to the public as is
(As Is).
47.
The site
may include
links to sites
or features of
third
parties,
including
through
advertisements, images
or information. The
information on the site
may include content from
third
parties
that are not controlled
and/or affiliated
with 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 stated
above. The company
is entitled at
its sole
discretion to remove
any link
from the site and/or
add
additional links.
48.
The company
and/or anyone on its behalf
shall not be
responsible and shall not
bear any direct,
indirect,
consequential or
special damage caused
to the user or to a third
party as a result of
using
the site, whatever the cause
of action
may be.
49.
In any
case of conflict
between the provisions of
these terms and
information received
from another source,
the provisions of
these terms shall prevail.
50.
The information
found in the site’s
records and/or
in the company’s computers
shall constitute conclusive
evidence
of the accuracy
of actions on the site.
51.
The company
makes efforts
to ensure that the information
displayed on the site is
complete
and accurate, however
inaccuracies
and/or
errors in good faith may appear
and the company shall not
bear any
responsibility
regarding
this information.
52.
For any
question and/or
clarification and/or
inquiry, you may
contact the company
using the contact
details
specified
below in the “Customer
Service” section of the terms
and on the site itself.
53.
Pâtisserie
reserves the right
to update
to suspend, cancel
or refuse to provide
the service,
at
its sole
discretion and without
providing advance
notice,
including but not
limited to
the following cases: (1) providing
information that is not
true, current,
complete or correct,
or if it has reasonable
grounds
to assume that this
occurred; (2) a user’s
credit card
has been blocked or
restricted for use
in any way.
54.
Pâtisserie
is entitled to assign
and/or transfer
and/or convey its
rights under
these terms of
use, or part
thereof, to any
corporation or third
party entity at
its sole
discretion and without
the need to provide
advance notice.
55.
These
terms of use
shall be governed by
the laws of the State of
Israel. The exclusive
jurisdiction
for any
matter relating to
this agreement and to use
of the site shall be
in the competent
courts
in the Haifa
area only .
56.
Company
office address—
15 Hashmonaim Street, Kiryat
Motzkin.
Updated
June 24
