Midnight Body Lotion – Shimmer Effect

TERMS OF USE

1. Disclaimer
1.1. This English version of the website is intended exclusively for users located outside the State of Israel.
1.2. Israeli residents are not permitted to place orders through the English version of the website. Products purchased through the English version will not be shipped to Israel.
1.3. Users located in Israel are required to use the Hebrew version of the website only.
1.4. By accessing or using the English version of the website, you confirm that delivery is requested outside Israel.

2. Shipment Origin and Force Majeure
All products sold through the English version of the website are shipped from Israel.
The Company shall not be liable for delays or failures caused by events beyond its reasonable control, including armed conflict, security incidents, governmental restrictions, export limitations, port or airport closures, labor disputes, or disruptions to international logistics.

3. Acceptance of Terms
3.1. These Terms of Use (“Terms”) constitute a binding agreement between you (“User”) and the website operator (“Company”).
3.2. By accessing, browsing, registering, or making a purchase through the website, you confirm that you have read, understood, and agreed to to be bound to these Terms.
3.3. If you do not agree to any provision of these Terms, you must immediately discontinue use of the website.
3.4. The Company reserves the right to amend these Terms at any time.
3.5. Any updated version shall become effective upon publication on the website.

4. Eligibility
Use of the website is permitted only if:
4.1. You are at least 16 years old of age;
4.2. You have the legal capacity to enter into binding agreements;
4.3. You use the website for personal and non-commercial purposes, unless expressly approved in writing by the Company.
4.4. The Company reserves the right, at its sole discretion, to restrict, suspend, or deny access to the website at any time.

5. Products & Availability
The website offers cosmetic and related products (the “Products”).
5.1. All product descriptions, images, shades, colors, textures, and specifications are provided for general informational purposes only.
5.2. Product images are for illustration purposes only. Actual colors and appearance of the Products may vary due to, among other things, screen settings, lighting conditions, photography techniques, and individual perception.
5.3. In the case of colored Products (including but not limited to nail polish), slight variations in shade, tone, finish, or pigmentation may occur between product images displayed on the Website and the actual Product received, including between different production batches.
5.4. Product availability is not guaranteed and may change at any time without notice
5.5. The Company does not guarantee continuous availability of any Product.

6. Prices & Payments
6.1. Prices displayed on the website are subject to change without prior notice.
6.2. Unless expressly stated otherwise, prices do not include shipping costs, customs duties, taxes, import taxes, value-added tax (VAT), or any other ancillary charges.
6.3. The customer is solely responsible for any additional costs, charges, or fees imposed by customs authorities, tax authorities, or other governmental bodies in connection with the importation of the Products, and the Company shall not be held liable for such costs under any circumstances.
6.4. Payment must be completed using the payment methods approved and displayed on the website.
6.5. The Company reserves the right to refuse, suspend, or cancel any order in the event of payment failure, technical error, pricing error, or suspected misuse.

7. Shipping (Non-Israel Only)
7.1. Products purchased through the English version of the website are shipped exclusively to destinations outside Israel.
7.2. Available shipping methods, costs, and estimated delivery times are presented during checkout and may vary depending on destination, total shipment weight (including packaging) and the selected shipping method.
7.3. Shipping costs are calculated based on, among other factors, the destination country and the total weight of the order, and may therefore change accordingly.
7.4. The Company shall not be liable for delays or failures in delivery resulting from third-party carriers, customs authorities, or events beyond its reasonable control.

8. Cancellation & Refunds
A transaction may be cancelled by sending a cancellation notice in one of the following ways (hereinafter: the “Cancellation Notice”):
By sending an email to the Company’s customer service at: global@chic.co.il;
By sending registered mail to the Company’s address: 26 HaYarkon Street, Yavne.
8.1. Any user may cancel a transaction, for any reason, within the following timeframes and conditions:
For the purchase of Products – from the date of the transaction and up to 14 (fourteen) days from the date of receipt of the Products.
8.2. In this section:
• “Person with a Disability” – as defined in the Law;
• “Senior Citizen” – a person who has reached the age of 65 (sixty-five);
A user who is a person with a disability, a senior citizen may cancel a transaction within four (4) months from the date of the transaction, the date of receipt of the Products subject to the transaction, or the date of receipt of the Disclosure Document, as applicable, whichever is later, provided that the transaction involved a conversation and/or correspondence between representatives of the Website and the user.
Where a user who is a person with a disability, a senior citizen, or a new immigrant requests to cancel a transaction, representatives of the Website may require the user to present documentation proving that status.
8.3. Transactions That Cannot Be Cancelled
Where the transaction has already been performed or is in progress, if the user has been granted access to the Products; Products that are not suitable for return due to health protection or hygiene reasons.
8.4. Cancellation Due to Defect or Non-Conformity
Where a user cancels a transaction due to a defect in the Products subject to the transaction, or due to a discrepancy between the Products purchased and the details provided in the Disclosure Document or due to failure to supply the Products on the agreed date, the following shall apply:
Within 14 (fourteen) days from receipt of the Cancellation Notice, the Company shall refund the user the portion of the transaction price paid, cancel the user’s charge in respect of the transaction, and provide the user with a copy of the cancellation notice of the charge. No cancellation fees shall be charged. Any refund shall be made solely via the original payment method, subject to the timelines of the clearing service provider.
(b) Where the user has received the Products, the user shall make them available to the Company at the place where the Products were delivered and notify the Company accordingly; the same shall apply to any Products received by the user as a result of the transaction.
(c) Where a user cancels a transaction pursuant to Section 8.1 above, the Company shall refund the user within 14 (fourteen) days from receipt of the Cancellation Notice the portion of the transaction price paid, cancel the user’s charge, and provide a copy of the cancellation notice,
8.5. Cancellation Not Due to Defect or Non-Conformity
The Company shall refund the user, within 14 (fourteen) days from receipt of the Cancellation Notice, the portion of the transaction price paid; the user’s charge shall be cancelled and a copy of the cancellation notice shall be provided. No amounts shall be charged to the user other than cancellation fees (if the Company elects to charge them) of up to 5% of the price of the Products purchased.
In this Section 8.5, “Cancellation Fees” include, inter alia, expenses or liabilities incurred in connection with shipping, packaging, or any other expense or obligation that the Company claims to have incurred or undertaken as a result of the transaction or its cancellation.
(b) Where the user has received the Products, the user shall return them to the Company at a location designated by the Company; the same shall apply to any Products received from a third party as a result of the transaction.
8.6. Transaction Cancellation by the Company
Without derogating from the foregoing, the Company shall be entitled to cancel a transaction, including but not limited to, in the following cases:
• The user committed an unlawful act and/or violated applicable law;
• The user breached any provision of these Terms of Use;
• The user knowingly provided misleading personal details during registration or thereafter;
• The user provided their username and password (if assigned) to a third party or enabled others to access the service content without registration;
• The user has an outstanding debt to the Website and/or the Company and failed to settle it by the due date;
• An act or omission by the user that may harm the operator, its representatives, the proper operation of the Website, advertisers, or any third party;
• A clear and material clerical error occurred in the description of the service and/or product, including price or description, whether due to technical or human error made in good faith;
• Force majeure events, including epidemics and/or security events, which, in the Company’s opinion, prevent performance of the transaction or supply of the service and/or product;
• Without derogating from the foregoing, the Company reserves the right to cancel a transaction for any reason at its sole discretion.

9. Prohibited Use
You may not:
9.1. Use the website for unlawful, misleading, or unauthorized purposes;
9.2. Upload, transmit, or distribute harmful, deceptive, or infringing content;
9.3. Interfere with the website’s operation, security, or integrity
9.4. Copy, extract, scrape, or exploit website content without prior authorization
Violation of these provisions may result in immediate suspension or termination of access.

10. Intellectual Property
10.1. All content available on the website, including text, images, trademarks, designs, and software, is owned by or licensed to the Company.
10.2. No content may be copied, reproduced, distributed, modified, or used for any purpose without the Company’s prior written consent.

11. Limitation of Liability
11.1. We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.
11.2. We do not warrant that the results that may be obtained from the use of the website will be accurate or reliable.
11.3. You agree that from time to time we may remove the website for indefinite periods of time or cancel the website at any time, without notice to you.
11.4. You expressly agree that your use of, or inability to use, the website is at your sole risk. The website and all products s delivered to you through the website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
11.5. In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the website or any products procured using the website, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

11.6. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

12. Indemnification
You agree to indemnify, defend and hold harmless the Company and subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

13. Suspension & Termination
13.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
13.2. These Terms are effective unless and until terminated by either you or by the Company.
13.3. You may terminate these Terms at any time by notifying us that you no longer wish when you cease using our site.
13.4. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

14. Governing Law & Jurisdiction
14.1. These Terms shall be governed by the laws of a jurisdiction determined by the Company, without regard to conflict-of-law principles.
14.2. Jurisdiction for any dispute shall be determined by the Company at its discretion, subject to applicable mandatory law.

15. Miscellaneous
15.1. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15.2. These Terms constitute the entire agreement between the User and the Company with respect to use of the website.
15.3. Headings are provided for convenience only and shall not affect interpretation.