Terms and Conditions
By purchasing items through the Site, you agree to be bound by these TERMS OF SALE, which are incorporated by reference. If you do not agree to all of the terms and conditions set forth in these Terms of Sale, do not purchase any items through the Site.
We reserve the right to change or modify these Terms of Sale at any time and in our sole discretion. If we make changes to these Terms of Sale, we will post the amended Terms of Sale to the Site.
We encourage you to review these Terms of Sale prior to making any purchase through the Site to ensure that you understand the terms and conditions that apply to your purchase.
1. AVAILABILITY AND PRICING
You must resolve any problem we encounter in order to proceed with your order. In the event you would like to change or update payment information associated with your account on the Site, you can do so at any time by logging into your account and editing your payment information. If any of the items in your order are unavailable, we will charge only the prices, Taxes and other applicable charges associated with the items that are included in the shipment.
4. SHIPPING AND HANDLING
Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed.
Unless we state otherwise, risk of loss or damage to an item passes to you upon delivery of the item to your specified delivery location.
If you have any questions regarding shipping, please contact us by filling out the form on our CONTACT US page. For more information about shipping and handling fees, including international shipping, please see our SHIPPING INFORMATION page.
5. RETURNS, EXCHANGES AND REFUNDS
6. PRICE ADJUSTMENTS
8. DISCLAIMERS; LIMITATION OF LIABILITY
Your use of items purchased through the Site is at your sole risk. Such items are provided “as is” and “as available’ without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
You understand and agree that, to the fullest extent permitted by applicable law, KameArt and its officers, directors, agents, partners and employees (individually and collectively, the “KameArt Parties”) will not be liable to you under any theory of liability—whether based in contract, tort, negligence or otherwise—for any indirect, consequential, incidental, or special damages or lost profits that may be incurred by you, arising out of or in any way connected to these Terms of Sale or the use of, or inability to use, any items purchased through the Site, including, without limitation, any damages caused by or resulting from reliance by you on any information or items obtained from us, whether or not KameArt or another KameArt Party has been advised or should have been aware of the possibility of any such losses. You understand and agree that, to the fullest extent permitted by applicable law, the KameArt Parties’ total liability in connection with the items purchased through the Site and these Terms of Sale will not exceed the amount you actually paid to KameArt for such items purchased.
The limitations set forth in this section will not limit or exclude liability for personal injury or property damage directly and proximately caused by items you purchased from us through the Site or for the gross negligence, fraud or intentional misconduct of any KameArt Parties, or for any other matters in which liability cannot be excluded or limited under applicable law.
9. DISPUTE RESOLUTION; BINDING ARBITRATION
Instead of suing in court, you agree that any dispute relating to these terms of sale, your purchase of an item through the site or items purchased from us will be submitted to confidential arbitration in tel aviv israel.
All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and will not affect any other customer.
You and kameart agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind.
10. GOVERNING LAW
These Terms of Sale and your purchase of items through the Site will be governed by and construed in accordance with the laws of Israel, without regard to conflict of law principles.
KAMEART LTD – 5 Mercaz Ba’alei Amelaha street, Tel Aviv Israel
If any provision or part of a provision of these Terms of Sale is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Sale and does not affect the validity and enforceability of any remaining provisions.