TERMS OF CONDITIONS
Introduction 1. The “Syston” website (Hereinafter: “The Site”) is an internet website constituting a virtual store to purchase products by the public surfers over the internet. The website owner and operator is the “Sistyon” whose registered office is located at 32 Ussishkin, Netanya, Israel (Hereinafter: “Sistyon”).
2. Sistyon allows the use of its website subject to the following terms and conditions (hereinafter: “Terms”).
3. An action through the website is any action performed through the website, including but not limited to purchasing products and/or services offered on the website (Hereinafter: “Action”).
4. The provisions in these Terms will apply to any action performed by a “User”, as defined below, in the website.
5. These Terms constitute a binding engagement contract between the User and Sistyon, for all senses and purposes. It is clarified that surfing the website and/or performing actions through the website, constitute the User’s consent to accept and act in compliance with the provisions in these Terms. If you do not agree to any of the Terms, you are requested not to make any use of the website. And it is stressed that anyone performing an action through the website declares that he is aware of the Terms in relation to the website and accepts them and that he and/or anyone on his behalf will not have any allegation and/or claim against the website owners and/or its operators and/or on their behalf other than allegations associated with a breach of the website owners and/or its operators undertakings pursuant to the Terms and these participation rules.
6. For the purpose of these Terms “User” – any individual including but not limited to a company, may use the website, including but not limited to performing actions through the website, all subject to complying with the accumulative conditions detailed below:
• The User is qualified to perform binding legal actions; in the event you are a minor (under the age of 18) or you are not entitled to perform legal actions without guardian’s approval, you are required to inform your parents and/or legal guardians (“The Parents”) of the provisions in these Terms and to obtain their approval to execute any action of any type within the framework of the website. The parents are responsible to inform the minors interested in surfing the website of these Terms and to monitor the minors’ actions so that the minors act pursuant to these Terms. Any action that is performed by the minors through the website constitutes the minors and/or the parents consent to the provisions in these Terms.
• The User is a holder of a valid Israeli or international credit card.
• The User has an active electronic mail address over the internet. General Terms
1. It is clarified that Sistyon is entitled, pursuant to its discretion, to terminate the website’s activity at any time and without any advance notice.
2. Sistyon reserves the right to prevent access to the website and/or to prevent the option of making a purchase through the website and/or to cancel the User’s participation whose conduct is inappropriate or that is not in accordance with the Terms or that tries to prejudice the proper management of the website.
3. These Terms can be changed and/or revised at any time by Sistyon and/or anyone on its behalf pursuant to their exclusive discretion.
4. The provisions in these Terms refer equally to the two genders and use of masculine form is solely for convenience purposes.
5. The headings of the chapters are for the User’s convenience and orientation purposes and will not serve as an aid to interpreting the Terms. Services Offered Through the Site
1. The Sistyon website offers a variety of content and/or services and/or actions including but not limited to the services detailed below:
• Surfing and perusing the various contents. • Purchasing products and/or services. • Creating a “Wish List” – a list of items selected by the User.
• Sharing and sending items from the website, from the User to his friends and acquaintances via email and/or sharing through the social networks.
• Providing review and/or responses to items and/or contents on the website that are published on the website and/or the Sistyon facebook page. It is clarified that Sistyon is entitled to choose, pursuant to its exclusive and absolute discretion whether to publish or prevent the publication of the review.
• Tagging an item or an item to be selected by the User through the social networks.
• Registering to mailing lists (receipt of content, marketing and advertising information via various forms of media of the User’s choice).
2. It is clarified that Sistyon does not undertake that all these contents and services will be given and/or will be given regularly and continuously through the website and Sistyon will be entitled to change (including but not limited to broadening or limiting) the list of content and/or services rendered through the website, pursuant to its exclusive discretion and without having to give any notice in advance.
3. It is clarified that Sistyon is entitled to choose to disqualify and/or not to upload to the website and/or the Sistyon page on facebook any response and/or review and/or picture and/or content (Hereinafter: “The Content”) which pursuant to its absolute and exclusive discretion, may infringe Sistyon’s goodwill and/or public feelings and/or of a blatant or hurtful nature in a sexual or other manner and/or which may infringe any intellectual property rights and/or conflicts with any law and/or for any other reason.
4. Any User of the services offered through the website hereby declares and confirms that it gives Sistyon the full and exclusive right to use the contents and confirms and undertakes that Sistyon will be entitled to use his name and/or picture within the framework of any publication and/or presentation of content through the website and/or on the facebook page without any payment. This right of Sistyon’s is reserved for an unlimited period of time. Likewise the User of the services confirms that he is aware of the fact that from the moment the review and/or responses are publicized, shared, tagged and uploaded and content of any type to the website and/or the facebook page, these actions will be exposed to the public and all deriving therefrom, and the User confirms that he took this into account upon deciding to use these services.
5. The User confirms that Sistyon has goodwill in its field of activity and that he must refrain from hurting Sistyon’s goodwill including refraining from taking any action on the website that may prejudice Sistyon good name in the public’s eye. In this context the participant undertakes that it will not act in any manner that may prejudice the company’s goodwill as stated above. Purchasing Through The Site
1. The website allows, inter alia choosing and purchasing items from the items appearing on the website in an easy, convenient and quick manner.
2. In order to place an order one must first choose the item or the service, the requested color and the size.
3. For each item or service offered on the website an “product page” will be displayed upon which the details pertaining to the item or the service offered will appear and the sale price (Hereinafter: “The Product Page”). Your attention is drawn to the fact that Sistyon is entitled to revise the Product Page from time to time and to add or remove items, to remove products that are no longer in stock, to add colors and/or sizes and to update and/or change the item price from time to time. It is clarified that the pictures on the website are solely for illustration purposes, pictures may differ from the actual products themselves, including but not limited to the colors appearing in the pictures and the details of the items. These differences derive, inter alia from the fact that the products are photographed and displayed on a computer screen.
4. The prices listed on the website include VAT prescribed by law unless expressly stated to the contrary.
5. In order to make a purchase through the website the User will be requested to select a password and to type in basic details such as his name, address, electronic mail address, telephone number and credit card number. In order for the order to be handled quickly and hassle free, one must ensure to remit correct details otherwise Sistyon will not be able to guarantee that the order be processed (Hereinafter: “Placing the Order”). Your attention is drawn to the fact that knowingly remitting false details may be considered a criminal offense. Civil and criminal legal measures may be taken against those submitting false details, including but not limited to a claim in torts for damages Sistyon sustains due to obstructions relating to the operation of the website. Likewise, the information that is remitted by the User through the website will serve, inter alia to send electronic mail concerning special offers or updates to the website , only after receiving the User’s permission to do so.
6. Upon placing the order Sistyon will run a check pertaining to the credit card details and upon receiving the order confirmation from the credit card companies, will deliver appropriate notification to the User that the order was approved.
7. It is clarified that the person executing the action will be charged the cost of the product or the service that was purchased by him through the credit card immediately upon concluding the order.
8. The product/s and/or the service/s to be purchased through the website (i.e. whereupon an order was placed by the User and it was approved) will be referred to below as: “The Items”.
9. Conditions To Complete The Purchase Transaction • The purchase transaction will only be concluded after completing the order process and after Sistyon receives approval from the credit card companies that the charge has been approved in accordance with the work procedures in effect between them and Castro. In the event a transaction is not approved by the credit card companies – the customer will receive appropriate notification.
• Completing the purchase transaction is also contingent upon the fact that the requested items are in stock at the time the order process is completed. In the event an item is no longer in stock and/or there is a problem will supplying the item, due to whatever reason, Sistyon will be entitled to notify the User that the order was cancelled. Such notification will be delivered to the User via electronic mail and/or over the telephone, as Sistyon so chooses. In such a case, the User will have no allegation whatsoever against Sistyon and by the mere fact that an order is placed the User waives any such allegation.
• Sistyon reserves the right to limit the number of items in each order. 26. The order will be recorded in the Sistyon computers and they can be reviewed and track the handling progress using the “My Account” link on the website. Likewise, confirmation will be sent via electronic mail pertaining to concluding the transaction within 48 hours of the purchase transaction being concluded by the User on the website. It is clarified and stressed that an electronic mail notification being sent in respect of the order being recorded in the Sistyon computerized system does not constitute evidence of the fact that the transaction was completed and the fact that an email notification was sent is not binding upon Sistyon. It is clarified that the Sistyon computer system records containing a computerized and automatic record of all actions through the website constitute prima facie evidence of the content thereof.
27. Sistyon and/or anyone on its behalf operate common practiced precautionary measures in order to keep, insofar as possible, the information secret.
28. The Sistyon website is a secure website , that is to say, the data fed into the system by customers upon registering and/or surfing and/or purchasing a product will be kept confidential and secure. In order to protect secrecy of the information, Sistyon operates through an electronic trade protocol (SSL- Secure Socket Layer) that serves to encrypt data from the moment it is received in the system and until it is transferred to the Sistyon website. It is stressed: the credit card details of Users concluding transactions through the website are not kept in the Sistyon systems since Sistyon uses an external company [CreditGuard] for the purpose of clearing credit cards.
29. It is clarified that since we are referring to online transactions, Sistyon is unable to guarantee absolute immunity against its computers being hacked or the stored information being exposed by those committing illegal actions and therefore if a third party succeeds in hacking the information that is kept by Sistyon and/or abuses the information, the User will have no allegations, claims or demands against Sistyon. Likewise, in cases deriving from a force majeure, Sistyon will not be liable for any damage of any type, indirect or direct, the User or anyone on its behalf sustains if any information that is remitted is lost or reaches a hostile entity and/or any unauthorized use is made thereof.
30. Sistyon undertakes that it will not make any use of the Users details registered with the website other than for the purpose of operating the website and in order to allow for purchases to be transacted through the website as well as for the purpose of keeping in contact with the User. Notwithstanding the foregoing, Sistyon will be entitled to transfer the User’s personal details to a third party in the event the User committed an act or omission that hurts or is likely to hurt Sistyon and/or third parties, the User used the Sistyon services to commit an illegal act, if Sistyon receives a judicial order instructing it to remit the User’s details to a third party and in respect of any dispute or legal proceeding.
31. Likewise, Sistyon may use the User’s personal details, without identifying the specific User for the purpose of statistical analysis of the information and presenting it and/or delivering it to other entities. Sistyon Canceling a Purchase Transaction
32. Sistyon reserves it right to terminate at any time, pursuant to its exclusive discretion, activity on the website and/or to cancel any purchase transaction executed by a User, including but not only, in each one of the cases detailed below: • If after the purchase transaction was completed it becomes apparent that the item is no longer in stock. • The credit card details and the User’s full details were not inputted into the system. • Any time an action was executed contrary to these Terms. • The User committed an illegal act and/or violated the provisions in the law; • The User, upon concluding a purchase transaction and/or thereafter, remitted wrong details; • The User committed an act or omission that hurt Sistyon and/or anyone on its behalf and/or the website’s regular activity and/or other third party. • If in the company’s opinion, the User intends on reselling the items purchased by it through the website to a third party. In this context the User confirms and undertakes that it will not sell items purchased through the website to a third party. • The User did not go to the showroom to collect the items that were ordered by it within 10 business days. • In any case that due to a “force majeure” Sistyon is unable to properly operate the website , to supply the products to the User and/or meet any other of its obligations. In this section “Force Majeure” means: including but not limited to computer malfunctions, malfunctions with the telephony system or malfunctions with other communication systems, sabotage and any security incident.
33. Under such circumstances Sistyon is entitled to cancel the transaction or offer the User an equivalent alternative item, pursuant to its discretion and in accordance with the circumstances of the cancellation.
34. Whereupon such a sale is cancelled Sistyon will not be responsible and will not bear, in any event, any direct, indirect, consequential or special damage the User or third party sustains including but not limited to damage in respect of purchasing the product and/or the service from a third party at a higher price. Customer Service 35. For details and inquiries in respect of products and/or the delivery thereof you may contact Sistyon’s customer service department via emails at or via telephone: +33 7 55 54 13 43. Intellectual Property
36. All of the intellectual property rights to all content on the Sistyon website, including but not limited to trade marks, patents, copyrights, designs, methods and trade secrets are Sistyon property only. These rights apply, inter alia, to the graphic design of the Sistyon website, the databases therein (including but not limited to the product lists, the product descriptions etc.), the website’s computer code and any other detail associated with the operation thereof.
37. No commercial use will be made of the data published on the Sistyon website, the database on the website, the lists and pictures of products appearing on the website or other details that are published by and/or on behalf of Sistyon without obtaining Sistyon consent to do so in advance and in writing. 38. No use will be made of any data published on the Sistyon website for the purpose of displaying them on a website or other service contrary to the provisions in the agreement and/or without obtaining Sistyon consent to do so in advance and in writing and subject to the conditions of such consent (if and insofar as given). Inter alia it is prohibited to collect data from the website through software and/or to distribute such data in public in a commercial manner or in a commercial framework.
39. No information will be copied, duplicated, distributed, sold, marketed and translated from the website (including but not limited to trade marks, pictures, texts and computer code without obtaining Sistyon explicit permission to do so in advance and in writing.
40. The website will not be displayed within a blatant or concealed Frame and no links will be made to the pages in the website (“Deep Link”) but rather only to the home page.
41. The website will not be displayed in various graphic designs or interfaces designed by Sistyon unless Sistyon consent was given in advance and in writing to do so. 42. Icons, any information and/or displays appearing on the website, including but not limited to graphics, design, verbal displays, trade marks, logos and the editing and displaying of these are exclusively owned by Sistyon and/or anyone on its behalf. The content appearing on the website will not be copied, duplicated, distributed, publicized or used by any other means unless Sistyon gave its consent to do so in advance and in writing.