1. Introduction, Scope, and Consent
- 1.1. This document constitutes a binding legal agreement between the user and/or purchaser on the website (hereinafter: the "User") and "Pri Haaretz Market", P.C. 516734357 (hereinafter: the "Company").
- 1.2. Any use of the website, including browsing or placing an order, constitutes full, informed, and irrevocable consent to all the terms and conditions set forth below.
- 1.3. A User who does not agree to any of these terms is requested to refrain from using the website and placing orders through it.
- 1.4. The Company reserves the exclusive right to update or modify these terms at any time without prior notice. Use of the website following an update constitutes renewed consent to the updated terms.
2. Nature of Service and Limitation of Expectations
- 2.1. The Company provides a platform and services for the mediation, picking, and delivery of food products, agricultural produce, and fresh goods.
- 2.2. It is hereby clarified that most products offered are natural and agricultural, which by their very nature are not uniform in shape, color, or size.
- 2.3. The User acknowledges and agrees that:
- There may be discrepancies between the images and descriptions on the website (which are for illustrative purposes only) and the actual product delivered.
- The Company does not guarantee a specific appearance, uniform size, or exact degree of ripeness for fresh produce.
- Natural variations may occur between different units of the same product.
- 2.4. No claim, demand, or lawsuit will be accepted from the User regarding such natural variance in the supplied products.
3. Availability, Inventory, and Modifications
- 3.1. The Company endeavors to display an updated inventory but does not guarantee the availability of all products shown on the website at all times.
- 3.2. The final and exact inventory of an order is determined solely at the time of the actual picking process.
- 3.3. The Company reserves the right, at its discretion, to: cancel the supply of a specific product, modify the order composition, or refrain from supplying an out-of-stock product.
- 3.4. The User waives in advance any claim or demand regarding inventory shortages or resulting order modifications.
4. Picking Mechanism and Professional Discretion
- 4.1. The picking and packing process is carried out by professional pickers on behalf of the Company.
- 4.2. The selection of fruits, vegetables, and fresh goods is based solely on the professional discretion of the pickers at the time of fulfilling the order.
- 4.3. The Company cannot commit to fully accommodating the personal and subjective preferences of every customer.
- 4.4. The User agrees that items cannot be manually and individually selected remotely, and no claims regarding the subjective quality of the product (e.g., "not sweet enough," "too green") will be accepted.
5. Weighed Products and Variable Pricing
- 5.1. The prices of weighed products (sold by weight) displayed on the website, as well as the estimated total order amount at checkout, are estimates only.
- 5.2. The final and exact price of these products will be determined solely after they are actually weighed during the picking process.
- 5.3. By placing an order, the User provides explicit authorization to charge their payment method according to the final price determined after weighing.
- 5.4. A reasonable deviation between the estimated weight and the actual weight (and consequently, the price) does not constitute grounds for order cancellation or any claim by the User.
6. Payments and Clearing
- 6.1. Payment for orders is processed through the systems of an authorized external clearing provider.
- 6.2. Upon confirming the order on the website, only a credit framework capture (Authorization) is executed for the estimated amount.
- 6.3. The final charge (Capture) will be executed only after the picking and weighing process is completed.
- 6.4. The Company does not store or retain Users' credit card details in its databases.
- 6.5. The Company shall not bear any liability for malfunctions, delays, or errors arising from the clearing systems of credit card companies or the external provider.
7. Order Cancellation Policy
- 7.1. Cancellation or modification of an order is permitted only up until the commencement of the order picking process.
- 7.2. Once the picking process has begun, order cancellation will not be possible, and the customer will be charged the full amount.
- 7.3. It is clarified that this policy constitutes a permitted exception to the Israeli Consumer Protection Law, 5741-1981, as most products sold on the website are legally defined as "Perishable Goods" (goods liable to deteriorate or expire rapidly), for which there is no statutory right of cancellation once their preparation has commenced.
8. Shortages and Substitutions
- 8.1. In the event a product is found to be out of stock during picking, a Company representative will attempt to contact the customer by phone.
- 8.2. Substitute products will not be provided without the customer's explicit approval.
- 8.3. In the absence of a response from the customer (after a reasonable attempt to contact), the missing product will be removed from the order, and the customer will not be charged for it.
- 8.4. The Company shall not be liable for any delivery delays resulting from attempts to contact the customer regarding shortages.
9. Deliveries and Supply
- 9.1. The delivery times published on the website are estimated times only.
- 9.2. A deviation of up to one (1) hour from the scheduled delivery time shall be considered reasonable and will not constitute a breach of the terms of service.
- 9.3. The Company is not responsible for delivery delays resulting from circumstances beyond its control (extreme traffic jams, vehicle breakdowns, severe weather, etc.).
10. Drop-off and Transfer of Risk
- 10.1. At the explicit request of the customer (including in the order notes), the delivery may be left near the door of their residence.
- 10.2. It is clarified that from the moment the order is handed to the customer, or left by the door per their request, full responsibility for the products transfers to the customer.
- 10.3. The Company shall bear no liability for any damage, loss, theft, or spoilage of products (especially products requiring refrigeration) left outside the door pursuant to the customer's authorization.
11. Product Liability
- 11.1. Given the sensitive and fresh nature of the products, liability for any defect or non-conformity is limited to complaints submitted to customer service within 24 hours of receiving the delivery. Inquiries received after this timeframe will not be processed.
- 11.2. In the event of a justified complaint, the Company shall have the right, at its sole discretion, to offer compensation, a refund, or a replacement product, which shall serve as the User's sole and exclusive remedy.
12. Broad Limitation of Liability
- 12.1. Subject to applicable law, the Company's liability is strictly limited to proven direct damages caused to the customer due to the Company's negligence.
- 12.2. The Company shall under no circumstances be liable for any indirect, consequential, special, or punitive damages of any kind.
- 12.3. In no event shall the Company's total aggregate liability towards the customer exceed the monetary value of the specific order subject to the claim.
- 12.4. The User declares that they waive in advance any claim or demand exceeding this limitation of liability.
13. Liability for Product Consumption
- 13.1. The sole responsibility for inspecting the products prior to consumption, storing them under proper conditions, and checking their ingredients (including for allergens) rests entirely with the customer.
- 13.2. The Company is not the manufacturer of the products (unless explicitly marked as such) and therefore bears no responsibility for any health damages, allergies, or medical reactions resulting from the use or consumption of the products.
14. "AS-IS" Service
The website and platform services are provided on an "AS-IS" basis, without any representation, warranty, or guarantee regarding specific results, continuous availability, or immunity from technical glitches.
15. Force Majeure
The Company shall not be liable for any delay, cancellation, or failure to fulfill its obligations under these terms if caused by Force Majeure events (including war, hostilities, states of emergency, strikes, natural disasters, pandemics, or systemic shutdowns).
16. Misuse of the Website
The Company reserves the full right, at its sole discretion, to block a User's access to the website, terminate their account, and cancel orders, should there be any suspicion of misuse, fraud, or a breach of any provision of these terms.
17. Governing Law and Jurisdiction
These terms and any engagement between the User and the Company shall be governed exclusively by the laws of the State of Israel. The exclusive jurisdiction to adjudicate any dispute arising from these terms is vested solely in the competent courts of the Tel Aviv District.
18. Customer Service and Contact Information
We are at your service for any questions or inquiries via the following channels:
