Mogador Nourishing Night Cream

TERMS OF USE

1. 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.

1. 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.

1. 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.

1. 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.

1. 5.     Products & Availability

The website offers cosmetic and related products (the “Products”).

5.1.  All product descriptions, images, and specifications are provided for general informational purposes only.

5.2.  Product images are illustrative and may not precisely reflect the actual product.

5.3.  Product availability is not guaranteed and may change at any time without notice

5.4.  The Company does not guarantee continuous availability of any Product.

1. 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, customs duties, taxes, or other ancillary charges.

6.3.  Payment must be completed using the payment methods approved and displayed on the website.

6.4.  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.

1. 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..

7.3.  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.

1. 8.     Cancellation & Refunds

8.1.  This Cancellation Policy explains the conditions under which orders placed through the Website may be cancelled.

8.2.  By placing an order, you acknowledge that you have read and understood this Cancellation Policy.

8.3.  This policy applies to purchases cosmetic and personal care made through the English version of the Website only.

8.4.  Customers may request cancellation of an order before the order has been shipped.

8.5.  If the cancellation request is received before dispatch:

• the order will be cancelled, and
• a full refund of the purchase price paid for the cancelled order will be issued using the original method of payment.

Once an order has been dispatched, cancellation is no longer possible, and the order will be subject to the return policy (if applicable).

8.6.  Customers may have the right to withdraw from a distance purchase within 14 days from the date of receipt of the products.  However, in accordance with applicable law, this right does not apply to cosmetic products that are sealed for health or hygiene reasons, and have been unsealed after delivery.

8.7.  To exercise the right of withdrawal, customers must notify the Company clearly and unequivocally of their decision to cancel the purchase within the applicable legal timeframe.

8.8.  Unless otherwise provided by law, the following conditions apply:

• Products must be returned unused, unopened and in their original packaging.
• Return shipping costs may be borne by the customer, unless otherwise required by law.
• Refunds will be processed after the returned products are received and inspected.

Products that are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery will not be eligible for cancellation or withdrawal.

8.9.  If a product is received damaged, defective, or incorrect, please contact us without delay. In such cases, and in accordance with applicable law, we may:replace the product, or issue a refund. Proof of defect or damage (such as photographs) may be requested.

8.10.    Approved refunds will be issued using the original payment method and within a reasonable timeframe, subject to applicable law.

8.11.   Refunds will cover the purchase price of the cancelled product(s).
Original shipping costs may not be refundable, except where required by law.

8.12. To request a cancellation or exercise your right of withdrawal, please contact us at: global@chic.co.il. Please include: your order number, the product(s) concerned, and a clear statement of your request.

1. 9.     Cosmetic Products – Disclaimer

9.1.  The Company clarifies that all information published on the website regarding cosmetic products, including creams, serums, skincare products, nail products, is general information only. Such information does not constitute advice or a professional opinion of any kind. The purpose of the information is to provide a general description of the product only and it does not replace personal consultation with a qualified professional, such as a dermatologist or a licensed cosmetician.

9.2.  The information presented on the website, including product descriptions, ingredient lists, manufacturer statements, and images, is provided to the Company by suppliers, and manufacturers, and is published under their sole responsibility.

9.3.  Images are for illustration purposes only, and there may be differences in shade, packaging, texture, or appearance of the actual product.

9.4.  It is clarified that the information appearing on the product packaging and consumer leaflet constitutes the binding information.

9.5.  Responsibility for use of the products applies solely to the User.

9.6.  The User declares and undertakes that they will:

9.6.1. review the product ingredients prior to use, and in the case of known sensitivity, existing allergy, special skin condition (such as sensitive skin, atopy, active acne), pregnancy, or breastfeeding, consult in advance with a physician or a qualified professional;

9.6.2. use the product in accordance with the manufacturer’s instructions, the directions appearing on the packaging, and the instructions on the website, and not deviate from them;

9.6.3. refrain from using the product on inflamed, injured, irritated, or problematic skin, unless explicit approval has been obtained from a qualified professional;

9.6.4. immediately discontinue use of the product in the event of side effects, allergic reaction, unusual irritation, skin changes, or any significant discomfort, and seek medical or professional advice.

9.7.  The User (purchaser) acknowledges that results from the use of cosmetic products may vary from person to person, depending on skin characteristics, health condition, usage habits, and additional factors beyond the Company’s control. The Company does not guarantee any specific result or product effectiveness for every User.

10.  Prohibited Use

You may not:

10.1.    Use the website for unlawful, misleading, or unauthorized purposes;

10.2.    Upload, transmit, or distribute harmful, deceptive, or infringing content;

10.3.    Interfere with the website’s operation, security, or integrity

10.4.    Copy, extract, scrape, or exploit website content without prior authorization

Violation of these provisions may result in immediate suspension or termination of access.

11.  Intellectual Property

11.1.    All content available on the website, including text, images, trademarks, designs, and software, is owned by or licensed to the Company.

11.2.    No content may be copied, reproduced, distributed, modified, or used for any purpose without the Company’s prior written consent.

12.  Limitation of Liability

12.1.    We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.

12.2.    We do not warrant that the results that may be obtained from the use of the website will be accurate or reliable.

12.3.    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.

12.4.    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.

12.5.    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.

12.6.    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.

13.  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.

14.  Suspension & Termination

14.1.    The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

14.2.    These Terms are effective unless and until terminated by either you or  by the Company.

14.3.    You may terminate these Terms at any time by notifying us that you no longer wish when you cease using our site.

14.4.    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).

15.  Governing Law & Jurisdiction

15.1.    These Terms shall be governed by the laws of a jurisdiction determined by the Company, without regard to conflict-of-law principles.

15.2.    Jurisdiction for any dispute shall be determined by the Company at its discretion, subject to applicable mandatory law.

16.  Miscellaneous

16.1.    If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16.2.    These Terms constitute the entire agreement between the User and the Company with respect to use of the website.

16.3.    Headings are provided for convenience only and shall not affect interpretation.