Cancellation Policy

This Cancellation Policy document constitutes an agreement between the Website and the user, and together with the Terms of Use appearing on the “familybaumwinery.com” Website (hereinafter: the “Website”), they shall be referred to jointly and severally in this document as the “Terms and Conditions”.

The purchase of products on the Website is subject to the terms set forth in the Cancellation Policy, as mentioned above and below.

The user is requested to read these Terms and Conditions carefully, as their rights and obligations are defined by them. The user’s confirmation at the end of the Terms and Conditions (by clicking: “I agree to the Terms and Conditions”) constitutes the user’s full and irrevocable consent to all the provisions of the Terms and Conditions, and that neither they and/or anyone acting on their behalf shall have any assertion and/or demand and/or claim, directly or indirectly, against the Website and/or any of its owners, and/or managers, and/or anyone on their behalf, except as specified in these Terms and Conditions.

This Cancellation Policy is the binding terms and conditions for the performance of any order/purchase made when placing the order/purchase. A user who does not agree with the provisions of the Terms and Conditions is requested not to place orders on the Website.

These Terms and Conditions apply equally to both genders, and the use of masculine language is for the sake of convenience only.

 

Data Security and Privacy

 

The personal details provided by the user during the order, as well as details of the purchases made, shall be kept by the Website Management. The Website shall not transfer the user’s personal details to any third party, particularly when it concerns sensitive information.

The Website dedicates resources and takes measures to prevent breaches of the Website and to prevent any potential damage to user privacy. However, it is impossible to fully eliminate disruptions or breaches on the Website. Therefore, the user hereby declares that they shall have no assertion and/or demand and/or or claim against the Website Owners and/or anyone on their behalf as a result of such damage, breaches and/or disruptions.

 

Purchases on the Website

 

By placing the order/purchase on the Website, you declare and undertake that you are at least 18 years old and that you are in possession of a valid credit card. If you intend to transfer the use of the purchased product to a minor under the age of 18, you declare that you understand that all dealings with the Website will be conducted through you and with your approval, and that you shall have no assertion regarding the legal capacity of the person executing the transaction.

 

The user may place an order for bottles of wine through the Website, subject to a non-refundable deposit of NIS 50. The user is aware that the wine bottles will only be supplied after the harvest and bottling of the wine, to take place after a period of approximately six months from when the order was placed.

Once the wine bottles are bottled, the user shall complete the order for the full price of the order placed, and the order shall be delivered to them by mail / Post Office courier.

 

Cancellation of Transaction:

 

The Website Management operates in accordance with the Consumer Protection Law, 5741-1981, regarding the cancellation terms of remote sales transactions for perishable goods.

Wine bottles may be purchased on the Website, which are considered “perishable goods” due to their shelf life and specific storage conditions. Wine may spoil or lose its quality if not stored or transported properly, and the Website Management cannot check whether the product’s quality has been compromised due to improper storage or transportation. Therefore, these products cannot be returned or cancelled, in accordance with the definition of the product  in the Law as perishable goods.

In accordance with the provisions of Section 14C(d)(1) of the Consumer Protection Law, 5741-1981, and Section 6A(6) of the Consumer Protection Regulations (Cancellation of Transaction), 5781-2020, the user does not have the right to cancel the transaction or receive a refund for perishable goods that may spoil, including the deposit paid as described above.

 

General Cancellation Terms

 

The user declares that they shall have no assertion and/or demand based on product non-conformity, and they undertake to read the product details as displayed on the Website, and it is understood that, notwithstanding the foregoing, and according to the law, returns or exchanges of wine bottles as mentioned above shall not be carried out, and no financial refunds shall be given in such cases.

 

The Website may stop providing services to the user, either temporarily or permanently, or limit them, in cases including but not limited to when the user has not paid by the due date, or if the Website has reasonable grounds to believe that the user will not meet payment obligations for the product, and/or if the user has violated the terms of the agreement with the Website, including the provisions of these Terms and Conditions.

 

The Website Management may withdraw from performance of the purchase agreement between the user and the Website Management, subject to notification to the user.

 

Termination of Activity

 

The Website Management may, at its full discretion, cease activity on the Website or cancel a purchase transaction made by the user for any reason, including if the products are out of stock, if insufficient wine bottles were produced, if the user’s full details were not received or are incorrect, if the user has violated the terms of these Terms and Conditions, if the user’s credit card is blocked, or in the event of force majeure preventing completion of the purchase or delivery.

 

Limitation of Liability

 

Under no circumstances shall the Website be liable for any direct, indirect, special, punitive, incidental, or consequential damage, or for any damage whatsoever that may occur to the user.

 

Confirmation of Terms and Conditions

 

The user confirms that they have carefully read the Cancellations Policy and the Website Terms of Use and, if necessary, consulted with professional parties regarding their acceptance, they are clear to them and they accept all their provisions, and that they shall have no assertions and/or claims against the Website in connection therewith.