Eurochip Technologies LTD, Electronic Components Distributor in Israel.

Terms of Use - Eurochip Technologies Ltd

A. Introduction

1. Welcome to Eurochip website www.eurochip.co.il and/or www.eurochip-tech.com (jointly hereinafter: "the Website") and/or the "Eurochip" application (hereinafter: "the Application") of Eurochip Technologies Ltd (hereinafter: "the Company").

2. The Website and the Application constitute a platform for receiving quotations, orders and purchasing various electronic components.

3. You are requested to carefully read all of the following Terms of Use (hereinafter: "the Terms of Use").

4. By approving the Terms of Use and/or browsing and/or entering the Website and/or the Application you shall be deemed to have agreed to all the Terms of Use and the entire contents of the Company's privacy policy document which constitutes an integral part of the Terms of Use.

5. The Terms of Use regulate the relationship between the proprietor and/or managers and/or operators of the Website and/or the Application - the Company and any corporation and/or entity of one kind or another (hereinafter: "User") who shall utilize the Website and/or the Application and/or their functions, including in order to obtain quotations and/or place orders and/or purchase one or more electronic components. Therefore, a User who browses and/or utilizes the Website and/or the Application, declares that he has read, is aware of and agrees to all the Terms of Use, without exception, and agrees and undertakes to comply with them.

6. If you do not agree to some or all of any of the Terms of Use, you are requested not to browse and/or make any use of the Website and/or the Application and/or their functions, including in order to request a quotation and/or order and/or purchase through them one or more electronic components from the Company.

7. The Terms of Use are intended to apply to both men and women alike and are drafted in the masculine gender for reasons of convenience only.

8. The headings which are set out in these Terms of Use have been added for convenience only and no other meaning shall be attributed to them and/or use made of them for the purposes of interpretation.

B. Registration for the Website and/or the Application

9. Any corporation and/or entity of one kind or another may browse the Website and/or the Application, for lawful purposes only and in order to receive a quotation and/or place an order for and/or purchase various electronic components through them, subject to the Terms of Use and any law. For the avoidance of all doubt, the Company shall not permit individuals to order and/or purchase through it electronic components.

10. In order to enter the Website and/or the Application for the first time, he shall be required to complete its/their registration procedure in order to create a personal account.

11. During the registration procedure the User must give full details, including his name, address, and contact information (including telephone number/s and email address, and choose for himself a username and password, which shall enable him to access the Website and/or the Application whenever he wishes to do so in order to obtain a quotation and/or order and/or purchase various electronic components through it/them.

12. The Company may from time to time require the User to change his user name and/or password, for any reason, as a condition for continuing to browse the Website and/or the Application and/or obtain a quotation and/or place an order/orders and/or purchase one or more electronic components through it/them.

13. The User undertakes not to give his username and password to any party who is not authorized by him to operate his personal account in the Website and/or in the Application, and likewise undertakes to keep them fully and strictly confidential.

14. Registration for the Website also constitutes registration for the Application, and vive versa.

C. Obtaining a quotation and/or ordering and/or purchasing an electronic component/electronic components through the Website and/or the Application

15. Subject to the Terms of Use and any law, the Website and/or the Application may be used to obtain a quotation and/or order and/or purchase various electronic components.

16. For the avoidance of doubt, the Company is an independent distributor in the electronic components field and is not an official representative and/or official distributor of the companies which manufacture the various electronic components for which a quotation may be obtained and/or which may be ordered and/or purchased through the Website and/or the Application..

17. The option to request a quotation and/or order and/or purchase various electronic components through the Website and/or the Application does not per se constitute a proposal and/or advice and/or recommendation by the Company to the User to obtain a quotation for and/or order and/or purchase them.

18. There is a search page in the Website and/or the Application through which the user can find the electronic component/s which he wishes to obtain a quotation for and/or order and/or purchase from the Company according to the specific electronic component's universal catalogue number.

19. Once the requested electronic component has been found as aforesaid, the details of the relevant electronic component shall appear, including the name of the manufacturer, quantity and universal catalogue number. Before continuing the process of obtaining the quotation and/or ordering and/or purchasing the electronic component, the User must verify that the electronic component in question is indeed the one he wishes to obtain a quotation for and/or order and purchase through the Website and/or the Application.

20. The User must then choose the quantity of the said electronic component for which he wishes to obtain a quotation and/or which he wishes to order and purchase through the Website and/or the Application and click on the "ADD TO CART" button. This may be done for an unlimited number of electronic components.

For the avoidance of doubt, the Company does not undertake that the quantity of the relevant electronic component/s shown on the Website and/or in the Application on the date on which the User browsed them shall correspond with the quantity which it actually has in stock.

21. In the next stage the user must click on the "CART" button which appears on the Website and/or in the Application and mark the electronic components for which he wishes to obtain a quotation and/or which he wishes to order and purchase from the Company (in the quantities which he already indicated) and then on the "ASK FOR A TOTAL PRICE" button.

22. Upon completion of the foregoing actions, a notice shall be received that the User's request has been received by the Company and the Company shall send a quotation to the User's personal account in the Website and/or in the Application and/or to his email address (as given by the User to the Company when he registered for the Website and/or the Application) as soon as possible and within 24 hours at the latest (or 72 hours at the latest in the case of a bill of materials).

23. It is clarified that the Company does not undertake before sending the quotation that it has in stock and/or available for purchase the requested electronic component/s and/or the quantities thereof which have been requested by the User

24. After receiving the quotation from the Company, the User must approve it and continue the ordering procedure until its completion.

For the avoidance of all doubt, the quotation shall only be valid with respect to the User's specific order and for only 48 hours from the time when it was sent to him, and in any case it is subject to the Company's final approval.

Moreover, for the avoidance of all doubt, the quotation is subject to the Company's sole discretion.

25. The User must then choose whether he would like the electronic component/s which he wishes to order and purchase through the Website and/or the Application to be delivered to him by one of the logistics companies listed there (provided that he has an account with one of them) or by the Company. Should the User decide that he wants the order dispatched to him by one of the logistics companies, then he should click on the appropriate option and shall settle with and pay to the relevant company all the costs thereof (including customs fees, etc.). Should the User choose to have the order sent to him by the Company as aforesaid, then the delivery charge shall be added to the purchase price of the electronic component/s (including customs fees, etc.).

26. Finally, the User must pay for the order and purchase of the relevant electronic component/s through a valid credit card which was issued in his name and/or through PAYPAL and/or through a bank transfer.

27. The User undertakes to provide full, precise and up-to-date details, in the knowledge according to law that submission of false details constitutes a criminal offence. The Company may take legal measures against those submitting false details and/or forward the said details to one of the law enforcement authorities in Israel and/or elsewhere. The Company may likewise cancel the order/purchase of any electronic component should false and/or incomplete details have been submitted to it as aforesaid.

28. Should the credit card company and/or PAYPAL and/or the Bank and/or the Company and/or any of its representatives and/or agents not approve his request to order and/or purchase the electronic component/s for any reason, then the User shall not be entitled to the order/to purchase the electronic component/s.

29. While the Company takes the customary precautions at its disposal in order to maintain, in so far as possible, the confidentiality of the payment details furnished by the User, in cases which are beyond its control and/or attributable to force majeure, then without derogating from the provisions of Chapter E of these Terms of Use below, the Company shall not be liable for damage of any kind, direct or indirect, which the User and/or anyone acting on his behalf shall sustain should such information be lost and/or come into the possession of any third party and/or be used in any way without permission.

30. Approval of the order shall only be sent to the User after confirmation has been received from the credit card company/PAYPAL/the Bank, as the case may be, that the full payment has been transferred to the Company by the User. Should the Company not receive confirmation as aforesaid, then it shall not send approval of the order and the Company shall regard it as having been cancelled.

31. It is emphasized, that without the Company's approval it is not possible to purchase through the Website and/or the Application a quantity of an electronic component of one type or another , the price of which does not come to at least USD 500 (the Company may in its sole discretion revise this figure from time to time).

32. For the avoidance of doubt, between the time when the quotation was sent by the Company and the time of its approval by the User, the stock of the requested electronic component/s and/or the quantity requested by the User may run out and/or the component/s may no longer be available for purchase. The Company shall not keep in reserve for the User the electronic component/s and/or the quantity requested, and may sell them to any other party who shall complete the process of purchasing all or some of them from it before the User.

33. In order for the electronic component/s ordered/purchased by him to be supplied to the User, his order, containing all the information required in order to complete the order/purchase, must be received and integrated in the Company's computers in a proper and orderly fashion. For various reasons, the integration and processing of the order by the Company's computers may be hindered or disrupted. Therefore, should the user not receive confirmation from the Company that his order has been received and/or is being processed, as the case may be, it is recommended that he contact the Company by sending an email message to sales@eurochip-tech.com in order to make the appropriate clarification and to verify that the order was in fact received and/or has been integrated in the Company's computers, is being processed, and its status.

34. Once all the stages of ordering the electronic component/s have been successfully completed and the full payment for their purchase and dispatch has been settled, then subject to the Company's agreement to process the order and provided that it actually has the requested component/s in stock, they shall be delivered to the User within 7 business days, beginning from the first business day to follow the day on which final approval of the order was given, or, if later, on which receipt of the full price for the order by the Company was confirmed.

For the avoidance of doubt, it is emphasized that in cases beyond its control and/or which are attributable to force majeure and/or non-provision of the electronic component/s to it by one of its various suppliers, then without derogating from the provisions of Chapter E of the Terms of Use below, the Company shall not be liable for damage of any kind, direct or indirect, which the User and/or anyone acting on his behalf and/or any third party shall sustain in connection with and/or concerning non-delivery of (all or some) of the electronic component/s within the period specified above.

35. Cancellation of the order for/purchase of one electronic component or another shall be subject to the provisions of the Consumer Protection Law, 5741-1981 and its Regulations and subject to these Terms of Use.

36. An order for/purchase of one electronic component or another, shall only be cancelled by sending a request to the Company by email to sales@eurochip-tech.com within the period specified in the Consumer Protection Law, 5741-1981. Cancellation of an order/purchase as aforesaid shall only take effect after the User is sent written affirmation from the Company regarding the requested cancellation. The order shall be deemed to have been cancelled on the day on which the Company's endorsement regarding the cancellation was sent as mentioned above.

37. For the avoidance of doubt and without derogating from what is stated above and hereinafter, the purchase of one electronic product or another which was supplied to the Customer by the Company may not be cancelled if it had been damaged and/or use had been made of it by the User and/or anyone acting for him and/or on his behalf and/or by any other party.

38. Upon the cancellation of an order for one or more electronic components by the User, the Company may charge the User a cancellation fee equivalent to 5% (five percent) of the cost of the order or, if less, 100 (one hundred) new shekels. In addition, the User shall be charged the full delivery cost, if the component/s had actually sent to him.

39. Moreover, if the User purchased the electronic component/s through a credit card, the Company may charge him the credit card clearance fee which was collected from it with respect to the order, by the credit card company and/or any other entity with which the Company entered into a credit card clearance contract.

If the User purchased the electronic component/s through PAYPAL and/or through a bank transfer, the Company may charge him with payment of the various expenses which shall be incurred in order to cancel the purchase.

40. The Company reserves to itself the right to cancel any order should it see fit in its sole discretion to do so.

D. Intellectual property

41. The Company is the proprietor of all the rights, including all the intellectual property rights, in the Website and in the Application and in any content and/or information and/or exhibit and/or software and/or graphic design appearing within the framework thereof as well as in its trademarks, excluding publications/content/information/graphic designs which were uploaded to the Website/application and belong to third parties, and the proprietor of any trade secrets which were developed and/or designed and/or composed and/or created by the Company and/or any of its representatives and/or agents and/or the rights therein that were transferred to the Company by a third party.

42. The User shall not without the Company's prior written permission copy and/or duplicate and/or distribute and/or transfer to a third party and/or publish and/or use the content/ information/exhibits/applications/graphic designs and/or trademarks belonging to the Company, and/or take any action in relation to them, directly or indirectly, which is prohibited by law, including, inter alia, the Copyright Law, 5768-2007 and/or the Trademarks Ordinance, 5732-1972 and/or the Commercial Torts Law, 5759-1999.

E. Limitation on the Company's and/or its representatives' warranty

43. The various electronic components being offered for order and purchase on the Website and in the Application are not manufactured by the Company but by third parties and have been or shall be received by the Company in their AS IS condition.

44. The Company shall give the User a 60-day warranty for the integrity of the electronic component/s which he purchased from it and received possession of from the date on which the said electronic component/s was/were ordered.

For the purposes of this paragraph of the Terms of Use, the aforementioned warranty shall not apply should damage of any kind be caused to the relevant electronic component, including, inter alia, breakage and/or spoilage due to the User's failure to use it in accordance with the manufacturer's instructions and/or its purpose and/or to store it in a proper and/or suitable manner, etc., or if it was removed from its original packaging.

Should the User wish to claim that all or some of the electronic component/s which he received from the Company are faulty, then he must inform the Company immediately upon becoming aware of such claim, and send the relevant electronic component/s in their original packaging to the Company immediately and without delay.

After receiving them and provided that the Company shall find that the said electronic component/s are faulty and unused, it shall act to replace them, in its sole discretion, within 10 business days at the latest. For the avoidance of all doubt, no reimbursement shall be made and/or credit given to set off against future purchases.

In addition, and for the avoidance of all doubt, by receiving the electronic component/s as aforesaid, the Company shall not be deemed to have accepted and/or recognized and/or admitted the User's aforementioned claims regarding the integrity of some or all of them.

45. The Company does not undertake that the Website and/or the Application and/or their functions and/or the quotation and/or orders and/or purchase of the electronic component/s through them and/or any third party, shall not be disrupted and shall operate continuously, assuredly, flawlessly and/or faultlessly and/or shall be immune to unauthorized access to the Website's and/or the Application's computers, without damages, breakdowns, failures and malfunctions (technical and others), including malfunctions of the Company's hardware or software or in the channels of communication with the Company and/or the Internet and/or telephone and/or cellular networks and/or in the operators' Internet/telephone/cellular networks and/or in any other media through which the Website and/or the Application and/or their functions may be used. The User hereby confirms and declares that he shall not make any complaint and/or demand and/or claim against the Company and/or any of its representatives with regard to all of the foregoing and he hereby fully, peremptorily and absolutely relinquishes in advance any relief of any kind against the Company and/or any of its representatives relating thereto.

46. The Company may prevent and/or stop the User and/or any other party from using the Website and/or the Application should it decide in its discretion that the manner in which they are using it is inappropriate and/or unreasonable.

47. The User undertakes that any action and/or use by him in/of the Website and/or the Application and/or their functions, including, inter alia, in order to obtain a quotation for and/or order and/or purchase one or more electronic components shall be taken/made in complete and absolute good faith.

48. None of the information and/or data given by the User to the Company during his use of the Website and/or the Application and/or when requesting a quotation and/or ordering and/or purchasing one or more electronic components through them is owned and/or controlled by the Company and/or any of its representatives and the User shall be solely responsible for its accuracy.

A User who conveyed information and/or data to the Company as aforesaid shall not make any complaint and/or demand and/or claim against the Company and/or any of its representatives with regard to that information and/or data and he hereby fully, peremptorily and absolutely relinquishes in advance any relief of any kind against the Company and/or any of its representatives pertaining thereto.

49. The User alone is responsible for backing up all the information and/or data which shall be given by him to the Company and he shall not make any claim and/or demand whatsoever against the Company and/or any of its representatives in this regard and he hereby fully, peremptorily and absolutely relinquishes in advance any relief of any kind against the Company and/or any of its representatives pertaining thereto.

50. The User undertakes not to transfer and/or upload to the Website and/or to the Application anything which may damage the Website and/or the Application and/or the Company and/or any of its representatives and/or others and/or malicious content of any kind and/or "viruses" and/or "Trojan horses", etc. The User shall be solely responsible for any damage of any kind which the Company and/or any of its representatives and/or any third party shall sustain in this regard.

51. Neither the Company nor any of its representatives shall be responsible for any action of any kind which shall create a relationship between the User and any third party as a result of his use of the Website and/or the Application and/or the electronic component(s) ordered and/or purchased by him through them and/or through the Company.

52. Neither the Company nor any of its representatives shall be responsible for any contract which shall be created between the User and any third party as specified above as a result of his use of the Website and/or the Application and/or the electronic component/s which he ordered and/or purchased through them and/or through the Company.

53. Neither the Company nor any of its representatives shall be a party to any transaction which may be formed between the User and any third party as a result of his use of the Website and/or the Application and/or the electronic component/s which he ordered and/or purchased through them and/or through the Company, whether it shall be implemented or not, and shall not bear any responsibility for the consequences which may result from transactions of one type and/or another.

54. Neither the Company nor any of its representatives shall be responsible for the reliability, accuracy or implementation of the various actions taken in relation to the Website and/or the Application, or their content and functions, which were not impaired due to an act of the Company and/or any of its representatives.

55. Without derogating from any of the foregoing provisions in these Terms of Use, neither the Company nor any of its representatives shall directly or indirectly be held accountable and/or bear responsibility for any damage of any kind, including direct, indirect, resultant, special, pecuniary or other damage which shall allegedly be caused to the User and/or to any third party in the wake and/or as a result of any use made by the User and/or anyone acting on his behalf, of the Website and/or the Application and/or their functions and or any use made by the User and/or anyone acting on his behalf and/or by any third party of the electronic component/s for which the User requested a quotation and/or which the User and/or anyone acting on his behalf ordered and/or purchased through the Website and/or the Application and/or through the Company, whether in reliance upon these Terms of Use or in reliance upon the Company's privacy policy document, based upon tort, strict liability and/or any other cause of action. The User hereby declares that neither he nor any other party shall make any complaint and/or claim and/or demand against the Company and/or any of its representatives in these matters and he hereby fully, peremptorily and absolutely relinquishes in advance any relief of any kind against the Company and/or any of its representatives pertaining thereto.

56. The User undertakes to compensate and indemnify the Company and/or its representatives for all expenses and damages of any kind which they shall incur as a result of any action taken and/or not taken by the User and/or his use of the Website and/or the Application, their content and functions, and/or the giving of information of any kind and/or the transfer and/or uploading of malicious and/or illegal content to the Website and/or by him as aforesaid and/or with regard and relating to the receipt of a quotation and/or the ordering and/or purchase of the electronic component/s and/or as a result of any complaint and/or demand and/or claim which shall be made against any of them by any party concerning and/or relating to the use made of the Website and/or the Application and/or their functions and/or the ordering and/or purchase of electronic component/s through them by the User.

57. The User undertakes to join in any legal and/or quasi-legal proceedings which shall be taken (if at all) against the Company and/or any of its representatives with respect to his use of the Website and/or the Application and/or their functions and/or the electronic component/s and to exclusively bear all legal liability attributable thereto and all expenses and damages of any kind which the Company and/or any of its representatives shall incur or sustain as a result thereof.

58. Without derogating from all of the foregoing, a breach by the User and/or by anyone acting on his behalf of any of these Terms of Use shall also entitle the Company and/or any of its representatives, in addition to the reliefs which the User and/or anyone acting on his behalf owes them according to law, to full and immediate indemnification and compensation for all the damages and expenses which they shall sustain and incur as a result of the breach, including their legal costs.

F. General

59. The Company may from time to time make such changes to the Terms of Use as it shall in its sole discretion see fit, and without having to notify the User and/or any other party before doing so, and the User hereby agrees in advance to any change of one kind or another which shall be made to them, and that any such change shall
be valid and binding upon him and/or anyone acting on his behalf and/or in relation to his contract with the Company and/or any of its representatives regarding all matters concerning and/or deriving from the Website and/or the Application and/or receipt of a quotation and/or the ordering and/or purchase of one or more electronic components through them and/or through the Company.

60. The Company may from time to time, and in its sole discretion, change the format and/or structure of the Website and/or the Application, suspend them, inter alia for maintenance purposes, and even temporarily or permanently close them, without having to notify the User and/or any other party before doing so.

61. The browsing and use of the Website, the Application and their functions, the receipt of a quotation/quotations and/or the ordering and/or purchase of an electronic component/electronic components from the Company and everything pertaining thereto and/or these Terms of Use and the relationship between the User and Company and/or any of its representatives, shall be regulated exclusively by the Laws of the State of Israel, and the competent court in the Tel-Aviv-Jaffa and/or Central Districts shall have exclusive jurisdiction to adjudicate any dispute arising between the parties with respect to any matter.

62. The Terms of Use express and encompass all the understandings reached between the User and the Company and/or any of its representatives concerning the Website and/or the Application and/or receipt of a quotation and/or the ordering and/or purchase of one or more electronic components through them and/or any matter pertaining thereto and all the arrangements and/or representations and/or understandings which existed before the User approved the Terms of Use and which have not found expression in the Terms of Use are hereby rendered void and invalid.

63. A waiver by one of the parties of any right granted to him under the Terms of Use shall not constitute a precedent to be applied in another case and that party shall not be precluded from retracting his concession and realizing the right which he waived as aforesaid at any time.

64. No change, amendment, concession, extension, addition to, waiver, deferral or cancellation of, or release from all or some of the Terms of Use shall be valid unless made expressly and in writing by the Company.

Privacy Policy - Eurochip Technologies Ltd

A. Introduction

1. Welcome to the website www.eurochip.co.il and/or www.eurochip-tech.com (jointly hereinafter: "the Website") and/or the "Eurochip" application (hereinafter: "the Application") of Eurochip Technologies Ltd (hereinafter: "the Company").

2. The Website and the Application constitute a platform for receiving quotations, orders and purchasing various electronic components.

3. This privacy policy document constitutes an integral part of the Company's terms of use (hereinafter: "the Terms of Use").

4. By approving the Terms of Use and/or browsing and/or entering the Website and/or the Application you shall be deemed to have agreed to all the Terms of Use, including the entire contents of this privacy policy document.

5. If you do not agree to some or all of any of the Terms of Use and/or the privacy policy, or part thereof, you are requested not to browse and/or make any use of the Website and/or the Application and/or their functions, including in order to request a quotation and/or order and/or purchase through them one or more electronic components from the Company.

B. Privacy Policy

6. By utilizing the Website and/or the Application and/or the services which they provide, the User (as defined in the Terms of Use) undertakes to comply with all legal requirements pertaining to the maintenance and protection of privacy of any party, including all those prescribed in the Protection of Privacy Law, 5741-1981 and its Regulations.

7. For its and/or their various purposes, including, inter alia, operating the Website and/or the Application, supplying the components ordered by the User, including it in the Company's databases and maintaining contact with the User, the Company and/or any of its representatives may gather, store and use (including though "cookies") all or part of the information which the User provided while using the Website and/or the Application and/or when ordering/purchasing one or more electronic components through and/or within the framework of anything relating to and/or concerning the order/s and/or purchases as aforesaid, and the User hereby gives his full consent to this.

8. Without obtaining his consent, the Company undertakes not to transfer the details and information which the User gave when using the site and/or the Application and/or the services which they provide, to any third party who is unrelated to it.

9. Without derogating from the foregoing, the Company may share concise, non-identifying information about the User, with advertisers, business partners, financers and other entities. The Company shall share specific personal information about the User, if required to do so in order to accede to any valid lawful proceeding such as a search warrant, court/tribunal subpoena, law or order issued by a court/tribunal/other judicial forum of one kind or another.

10. While the Company takes the customary precautions in order to maintain, in so far as possible, the confidentiality of the details and information entered by the various Users when visiting the Website and/or using the Application and, to prevent them from coming into the possession of unauthorized parties, in cases which are beyond its control and/or attributable to force majeure, and without derogating from the provisions of Chapter E of the Terms of Use, the Company shall not be liable for damage of any kind, direct or indirect, which the User and/or anyone acting on his behalf shall sustain should such information be lost and/or stolen and/or used without permission.

11. The Company shall not store or back up for the User the information and/or details which he shall upload when using the Website and/or the Application.

12. The User hereby agrees and confirms in advance that the Company and/or any of its representatives may contact him from time to time, whether verbally or in writing, whether by direct mailing or in any other way, according to the contact details which he shall provide when registering for the Website and/or for the Application and/or when using the Website and/or the Application and/or which the Company has in its possession and/or in any other way, including for the purpose of sending notices, inquiries, advertising/sales promotion/marketing materials, offer/s to purchase/order various electronic components, etc.

13. The Company may change its privacy policy from time to time and the user hereby gives his consent in advance to any change of one kind or another which shall be made to it and that any such change shall apply to and be valid in relation to him.

14. Without derogating from the provisions of paragraph 5 above, the User may cancel the consent which he has given to each of the paragraphs in this privacy policy document (as the case may be), subject to sending a cancellation notice to the Company at sales@eurochip-tech.com and subject to receipt of the cancellation notice by the Company.

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