terms & conditions


 

Helena’s ("HELENA" "we" "us" “the company”) website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Sites (collectively, the "TOS"). Please read the TOS carefully before placing any orders on www.helenatlv.com. We recommend you should keep a copy of the TOS for future reference.

The owner and operator of the Site is the company “Helena TLV” registration number 558354379 “HELENA TLV” (hereinafter, the “Company”).

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our privacy policy. If you are under 18 you must let your parent or guardian know about HELENA’s privacy policy before you register to use this Site or any of this Site's services. We reserve the right to only accept orders from those over 18 however.

We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

 

ELIGIBILTY TO PURCHASE

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the HELENA terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to HELENA, whose applications are acceptable to HELENA and who have authorized HELENA to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, HELENA reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where HELENA feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

ORDERS

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

HELENA offers products for sale that are in stock and available for dispatch from our distribution center.

 

PRICING

From time to time, prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.

If you are a customer whose credit/debit card is not denominated in USD or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

 

ACCEPTENCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is an acceptance of your order and thus the completion of the contract between you and HELENA. The sale contract is therefore concluded in TEL AVIV, ISRAEL and the language of the contract is English or Hebrew. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of HELENA.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us. Furthermore please note that photos of items including various styles and colors shown on the site are for your referral only and may vary from actual items due to technical constraints (I.e. screen coloring etc.).

PAYMENT METHOD

We accept various credit cards, and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to HELENATLV.COM. Payment will be debited and cleared from your account upon order. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to HELENA, we will not be liable for any delay or non-delivery.

We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered HELENA user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

PROMOTION CODES

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

INNSURANCE & DELIVERY

You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you.

HELENA insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We may require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by HELENA, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.

In areas to which access is limited due to security reasons, HELENA is entitled to supply the products to you at a nearby acceptable location which will be coordinated with you. If such location is not provided HELENA holds the right to cancel such order and will not refund shipping fees and/or additional fees due to cancelation.

Please note that we aim to dispatch all orders within 1-7 business days, Delivery times appearing on the site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. HELENA is not responsible for any delays caused by destination customs clearance processes.

Delivery will be processed through a trusted third party delivery company

If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event.

 

SHIPPING RATES:

DOOR – TO – DOOR CURRIER SERVICE – FREE with purchase of 500 NIS & over.

Currier will coordinate with your directly within 3 business days of purchase between 08:00-20:00. (*Please note that day or purchase does not count)

*For orders lower than 500 NIS currier service will be available for 30 NIS (*limited areas 40 NIS)

REGISTERED MAIL – FREE

Please allow up to 14 business day for delivery. Kindly Note that delivery schedules may change as a result of various 3rd party matters we are not responsible for.

CLICK & COLLECT SERVICE – FREE

Pick up your purchase at our flagship store located on 156 Dizengoff Street, Tel Aviv. An email will be sent informing you when it’s ready.

INTERNATIONAL SHIPPING – 50 NIS (via registered mail)

For all orders outside IL. Kindly allow up to 7 business days for delivery.

Kindly Note that delivery schedules may change as a result of various 3rd party matters we are not responsible for.

 

*Limited Area include:

Ramat Hagolan settlements and northern border, settlements beyond the green line, settlements surrounding the Gaza strip, Ha’arva, the dead sea & Eilat.

Not sure if your area is on the list? Feel free to contact us at helenatlvshop@gmail.com

 

RETURN / EXCHANGE POLICY

Cancellations are fully in line with the Consumer Protection Law, 5741-1981 (hereinafter, the “Consumer Protection Law”), as set out hereunder.

In order to exchange or return an item please see the following requirements:

EXCHANGES

When you exchange an item, you will be granted online store credit which will be available under “my account” for future use. Please note that such credit will be applicable online only.

1.Fill out “Return/Exchangeform available on the “returns & exchange” policy page.

2.Send form via email to helenatlvshop@gmail.com(*please indicate “exchange item” + your name in email subject.

3.You can either send your package via mail or drop off at our flagship store located on 156 Dizengoff street, Tel Aviv – either way please make sure to include the “exchangeform.

 

Important: Kindly note that all reimbursements, credit and/or exchanges will be made online only and will not be available at the store.

Once the items have been returned to our warehouse and checked, we will contact you for further action.

Note that:

  • You can return any non-sale items up to 14 days of delivery.
  • Sale items are applicable for return up to 7 days of delivery.
  • There are no multiple offers on sale items.
  • Bathing suits & lingerie cannot be returned in accordance with the ministry of health.
  • Items in closed packages can be returned only if seal is intact.
  • Items in question can be returned / exchanged if and only unused and with all HELENA tags still attached. Shoes must be returned in their original box and with no signs indicating use. Returns that do not meet our policy will not be accepted.
  • “Direct credit” cards cannot be reimbursed and therefore online store credit will be granted if applicable.
  • Important: Items can only be dropped off at the flagship store – all reimbursements, credit and/or exchanges will be made online only and will not be available at the store.

 

RETURNS

When you return an item, we will contact you for further action after the following steps are made:

Fill out “Return/Exchange” form available “returns & exchange” policy page..

Send form via email to helenatlvshop@gmail.com (*please indicate “return item” + your name in email subject.

You can either send your package via mail or drop off at our flagship store located on 156 Dizengoff street, Tel Aviv – either way please make sure to include the “return/exchange” form.

Important: Kindly note that all reimbursements, credit and/or exchanges will be made online only and will not be available at the store.

Once the items have been returned to our warehouse and checked, we will contact you for further action.

Note that:

  • Exchanges can be made up to 2 business days of delivery and will be charged a 5% return fee.
  • Reimbursement will be processed up to 14 days of return and only through the specific payment method used.
  • Bathing suits & lingerie cannot be returned in accordance with the ministry of health.
  • Items in closed packages can be returned only if seal is intact.
  • Items in question can be returned if and only if unused and with all HELENA tags still attached. Shoes must be returned in their original box and with no signs indicating use. Returns that do not meet our policy will not be accepted.
  • “Direct credit” cards cannot be reimbursed and therefore online store credit will be granted if applicable.
  • Important: Items can only be dropped off at the flagship store – all reimbursements, credit and/or exchanges will be made online only and will not be available at the store.

 

All items must be returned new, unused and with all HELENA tags still attached. Returns that do not meet our policy will not be accepted.

Please contact our customer care team by emailing helenatlvshop@gmail.com if you have any further questions.

 

Color

We have made every effort to display as accurately as possible the colors of our products that appear on HELENA. However, as computer monitors vary, we cannot guarantee that your monitor's display of any color will be completely accurate.

REPEATED RETURNS

We offer a flexible returns policy to make your online shopping experience even easier. We do monitor the number of returns made by customers, and continued returns will be flagged and may, at our discretion, lead to the closure of your HELENA account or future orders being refused.

 

 

INTELLECTUAL PROPERTY RIGHTS

 

Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including HELENA Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by HELENA and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

 

 

CONTENT

In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. HELENA tries to ensure that the information on this site is accurate and complete. HELENA does not promise that HELENA's Content is accurate or error-free. HELENA does not promise that the functional aspects of the Site or HELENA's Content will be error free or that this Site, HELENA Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

The personal opinions of the any third parties with whom we are associated are their own and do not necessarily reflect the views of HELENA and we accept no responsibility for any such views expressed in any media.

 

NO COMMERCIAL USE

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

 

YOUR ACTIVITY

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.

 

THIRD PARTY SITES

We may include hyperlinks on this Site to other websites or resources operated by parties other than Helenatlv.com, including advertisers. Helena has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

 

YOUR RIGHTS

You have certain rights under the law which vary according to location. These may include:

That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;

Certain remedies if a product is defective; and

A right to cancel any order for a product within 14 days after the date of receipt of the product and receive a full refund even if it is not defective (see Cancelling your order above).

Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.

 

LIMITS ON OUR LIABILITY

We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.

Nothing in this Agreement is intended to affect your rights under the law (see "Your Rights" above).

If HELENA fail to comply with the TOS, we are responsible for loss or damage you suffer as a foreseeable result of us breaching the TOS. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract is made, both you and HELENA knew it might happen, for example, if you discussed it with us during the sales process. We will only be liable for loss or damage up to 150% of the total value of goods purchased.

We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.

 

COMPENSATION

At our request, you agree to compensate us fully, defend us, and hold us HELENA harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

 

OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and HELENA as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of HELENA, and we shall not be liable for any representation, act, or omission on your part.

 

NO WAIVER

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

 

COMPLAINTS AND GOVERNING LAW

If you have a complaint about us email helenatlvshop@gmail.com giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The TOS together with all our policies and procedures will be governed by and construed in accordance to the law and the relevant courts will have exclusive jurisdiction.