Preamble and Definitions
2. In these Terms and Conditions (hereinafter: the “Terms and Conditions”) the following terms shall be given the meaning appearing alongside them:
General
3. These Terms and Conditions define your rights and obligations when Using the Site and when ordering a product that is offered on the Site. Please read these Terms and Conditions diligently
since they constitute a binding agreement between you and the Winery. The terms of these Terms and Conditions shall apply to any use that is made on the Site, whether the use is made via a (desk or mobile) computer or via any other communications device.
4. The Winery may, at any time and without prior notice, as per its exclusive discretion, terminate the activity on the Site.
5. The Winery may, in accordance with its exclusive discretion, prevent access to and Use of the Site or the performance of actions if the User used the Site in an inappropriate manner or not in accordance with the provisions of the Terms and Conditions or contrary to the provisions of the law or if the User is trying to harm the proper operation of the Site.
6. If, after registering, the User shall decide that he is not interested in being included in the Newsletter’s list, he shall have to remove his name from the Newsletter’s list in the manner detailed in the mailing that was sent to him or by directly approaching the Winery’s customer service, the contact details of which are specified below. Pay attention that you are removing yourself from all the Newsletter lists in which you do not wish to be included.
7. Questions or clarifications relating to a delivery and a cancellation of an order, can be directed to the Winery’s Visitors Center, at the following email: winetour@golanwines.co.il and telephone
number 04-6968435; questions or clarifications relating to the quality of the Product, can be directed to the Winery’s customer service department, at the following email:
[nurit_b@golanwines.co.il] and telephone number 04-6968435.
8. The headings of the chapters are solely for convenience and shall not be ascribed any significance in interpreting the Terms and Conditions.
9. That stated in the Terms and Conditions in written in masculine form, and all that is stated therein is intended for men and women alike and singular and plural alike.
Use of the Site
10. Any transaction whatsoever via the Site is permitted only for persons who are at least 18
years old. It shall be emphasized – the sale or supply of intoxicating beverages to anyone who is not
yet 18 years old is prohibited by law and constitutes a criminal offense! If you and/or the addressees for whom the Product is being ordered are not at least 18 years old, you must refrain
from Use of the Site and not make any order by means thereof.
11. The Winery is permitted to demand that the identification certification of the recipient of the
delivery be presented, in order to verify that he is an adult, and to refuse to deliver the delivery if
and to the extent the delivery recipient is not. In the event that an identification certificate shall
not be presented, the Winery shall be permitted, as per its discretion, to cancel the transaction and
the User shall not have any allegation, demand or claim towards the Winery as a result thereof.
12. When ordering and purchasing the Case, a box will appear referring the User to the provisions of
these Terms and Conditions and to the Winery’s Privacy Policy. When making the order, the User
grants his consent to the terms of the Terms and Conditions, represents and confirms that he read
the provisions of the Terms and Conditions thoroughly, that he complies therewith and that he is
aware thereof and agrees thereto in their entirety, and that neither he nor anyone on his behalf
shall have any allegation or claim against the Winery or anyone on its behalf. If and to the extent
you do not comply with these terms or do not agree with all or some of the said terms, you are
requested not to make Use of the Site.
13. The Winery’s computers’ records regarding the Use of the Site and the operations made thereon
shall constitute evidence to that stated therein.
14. The User represents that he shall not make Use of the Site or its content for commercial or other
purposes, without the Winery’s prior and written approval.
15. The registration to one of the Loyalty Programs is limited to creating a single account per User.
The Winery shall be permitted to remove or suspend duplicate accounts without prior notice.
16. The User shall refrain from any harm to the Winery’s reputation, including Use of the Site which
could harm the Winery’s good name.
17. The Winery shall be permitted, as per its exclusive discretion, to change the content of the Case
(except after the User’s Order Date) that is offered on the Site, as well as the structure of the Site,
without providing prior notice.
18. The Winery reserves the right to launch/offer time-limited promotions or benefits, in accordance
with its exclusive discretion.
Terms and Conditions of Special Sale of the Golan Heights Winery’s 40 th Anniversary Case
2.1 “User” – Anyone who meets the following cumulative conditions:
2.1.1 Is a member of the “Good Harvest” Loyalty Program or the “Capsule” Community
(hereinafter: the “Loyalty Programs”);
2.1.2 Is a resident of the State of Israel who is at least 18 years old, who is not legally incapacitated (as well as a company that is duly incorporated pursuant to the laws of
the State of Israel and is registered with the Companies Registrar in Israel and all of
the shareholders and directors of which are adults who are at least 18 years old);
2.1.3 Owns an active internal email account;
2.1.4 Owns a valid credit card.
Excluding a “Foreign User” who must meet conditions no. 2.1.3 and 2.1.4, provided he is an
adult over the age of 18 who is not legally incapacitated, who makes the purchase outside of
Israel. It shall be clarified that the Use of the Site, and all that is implied in these Terms and
Conditions with respect to the User shall apply mutatis mutandis to a Foreign User.
2.2 “Case/Product” (as applicable) – A unique case that includes two (2) wine bottles and a non-
fungible token (hereinafter: “NFT”).
2.3 “Use of the Site” – Purchase or order of a Case or use of additional services offered on the
Site, including:
2.3.1 Surfing and reviewing various content.
2.3.2 Purchasing the Product.
2.3.3 Registering to a mailing list (hereinafter: “Newsletter”).
2.4 “Order Delivery Address” – The address that was entered on the Site by the User as the
address for the delivery of the order.
2.5 “Order Email Address” – The email address that was entered on the Site by the User as the
address for receiving a link to receive the NFT.
2.6 “Order Telephone Number” – The telephone number that was entered on the Site by the
User.
2.7 “Order Date” – The date when the credit company approved the transaction that the User
made.
2.8 “Supply Date” – The date when the Case that was ordered by the User was delivered to the
Order Delivery Address.
2.9 “Business Days” – A non-holiday weekday, Sundays through Thursdays, excluding Friday,
Saturday, memorial days, eves of holidays, holidays and interim days of holidays (hol-
hamoed).
1. This site (hereinafter: the “Site”) is owned by Golan Heights Winery Ltd., company registration number 510942840, and is operated thereby (hereinafter: the “Winery”). The Winery’s address is
POB 183 Katzrin, 12900. The Site is operated and managed as a “virtual store”, which allows users, by surfing on the internet, to purchase a unique Case (as the term “Case” is defined below)
which appears on the Site, via any (desk or mobile) computer or other communication device, including without limitation, a cellular device. It is clarified that this Site serves for the purpose of a limited unique sale of the Case marking the Winery’s 40th anniversary, such that there is a limited number of approximately 265 Cases.
Purchasing via the Site
19. It is hereby clarified that each User shall be entitled to purchase only one Case.
20. It is hereby clarified that the pictures on the Site are solely for illustration purposes and do not
bind the Winery. The Winery shall take action so that the pictures will truthfully reflect the Case
that is being offered for sale.
21. The prices on the Site (including delivery fees) are stated in Dollars and include VAT as per the
law, unless stated otherwise. The delivery fees shall be stated upon making the order, in
accordance with the list of distribution areas.
22. The prices and rates of the Product and of the deliveries that are stated on the Site, are subject to
changes and the Winery reserves the right to change them from time to time, without any prior
notice. The price the User shall be charged is the price that is published on the Site at the time
when the order is completely completed and after delivery of payment details and confirmation
of the order.
23. The Winery is permitted to update the price of the Product and the delivery rates, and to
terminate, change or replace promotions, benefits and discounts, without prior notice (except
after the User’s Order Date).
24. The Winery is diligent about checking the prices that appear on the Site, however, an error may
occur which shall lead to a mistaken price being presented on the Site. In such an event, we will
approach you after you made your order, inform you of the correct price of the Product, and
allow you to confirm that you wish to purchase it at the correct price. If you shall refuse to
purchase the Product at its correct price – we will not be obligated to supply it to you and in such
an event you shall not have any allegations whatsoever towards the Winery.
25. The Winery does not undertake that the prices of the Product will necessarily be the cheapest
prices.
26. Purchasing on the Site shall be done using an online order form.
27. In order to Use the Site, including in order to purchase the Product, the User (other than a
Foreign User) must be a member of one of the Loyalty Programs or join one of the Loyalty
Programs, as per his choice.
28. When ordering products, the User must fill in basic details on the order form, inter alia: name,
email, credit card details, Oder Delivery Address, and more.
The User bears the sole responsibility for filling in the details properly. If the details are not filled
in properly the Winery will not be able to guarantee that the order shall be completed. If the User
knowingly fills in inaccurate details, he shall be subject to all implications prescribed by law. The
information that shall be delivered on the Site at the stage when the User (other than a Foreign
User) joins one of the Loyalty Programs, shall serve for sending marketing and advertising
emails, and for adding the User to the Newsletter, subject to receiving the User’s approval to do
so upon joining.
29. When the User makes an order, the Winery will verify the credit card details, and upon receipt of
an order confirmation by the credit company, the order shall be approved and the User shall
receive notification to such effect to the email address he entered on the Site. If and to the extent
the transaction is not approved by the credit company, a notice shall be sent to the User and he
shall be required to provide another means of payment until receipt of the credit company’s
confirmation for the other said card.
The delivery dates shall be calculated commencing from the date of receipt of confirmation of
the transaction from the credit company or another payment services (if and to the extent this
shall be allowed).
30. If and to the extent Use of the Site shall allow payment via PayPal, the User shall be required to
enter his PayPal account details or to open a PayPal account. The Winery shall collect the
payment for the Product after receiving confirmation from PayPal, all subject to Paypal’s policy
and terms of use, and the User shall not have any allegation or demand towards the Winery in
connection therewith.
31. Notwithstanding that which is presented on the Site at the time of the order, the actual execution
of the order by the Winery is contingent upon the ordered Product being in stock at the Winery at
such time. The Winery emphasizes and clarifies that there may be situations in which
despite a certain item being presented on the Site as being in stock, it actually is not in stock
and cannot be supplied. For the avoidance of doubt, it is clarified that the Winery does not
undertake to sell Cases beyond the number of Cases stated above. If and to the extent a
Product is out of stock or there is difficulty in supplying it for any reason whatsoever, the Winery
shall notify the User to such effect and each of the Winery or the User shall be permitted to give
notice of the cancellation of the order, by email or by a telephone conversation. The User shall
not have any allegation, demand or claim against the Winery regarding this matter. The Winery
shall credit the User for any Product that was ordered and paid for and not supplied due to the
circumstances listed in this section.
32. Upon the completion of an order as stated, the Winery shall inform the User by email or text
message or telephone conversation (as per the Winery’s choice) that the order details were
registered in the Winery’s systems (hereinafter: “Receipt of Confirmation of Order”). It is
clarified that the Receipt of the Confirmation of the Order constitutes a confirmation that the
details of the order were so registered in the Winery’s systems, however the Receipt of the
Confirmation of the Order does not oblige the Winery to supply the Case. It is clarified that if and
to the extent that the Case shall not be supplied and the User’s credit card was charged, the User
will be refunded his money for the Case that was not supplied.
33. The Winery shall be entitled to grant the User a coupon in an amount which shall be determined
by the Winery and to be exercised during the period of time which shall be determined, all in
accordance with the Winery’s exclusive discretion. It is clarified that the coupon is personal and
cannot be transferred. It is further clarified that only one coupon can be exercised in any purchase
transaction.
Delivery and Supply
34. At the time of ordering the Products, the User shall select the delivery address from the updated
“List of Distribution Areas” on the Site. The supply of the Products that were purchased on the
Site is only possible when the requested address is within the distribution area, and as long as
there is no technical, security or other impediment preventing the supply of the Products.
35. If and to the extent that the User’s order was made by 14:00 of a Business Day, the order shall be
executed within 10 Business Days. Order made after 14:00 will be processed on the following
Business Day. Additionally, upon the full completion of an order, subject to Section 31 above, the
User will receive an email to the address he stated, with a link to receive the NFT. In the case of a
Foreign User, the order shall be executed up to 35 Business Days to the destination country
(subject to and in accordance with the provisions of Section 34 above).
36. The supply of the Products to the Order Delivery Address entails payment which shall be
collected at the time the order is made on the Site. When a transaction is paid in installments, the
delivery fees may be collected at the first installment. The User confirms and is aware that the
supply of the Products to the Order Delivery Address shall be made by a courier services
company as per the Winery’s choice. The amount of the delivery fees shall appear at the end of
the purchasing and ordering process on the Site and shall be collected at the time the order is
made.
37. Accordingly, it is clarified that the supply times may change from time to time, and the User
represents that the Winery is not responsible for a delay in the supply of the Products. In light of
the above, the User represents and confirms that he is aware that:
37.1 The supply of the Case by the courier services company shall be done in accordance with
the courier services company’s schedule, in coordination with the courier services company and any delay in the supply of the Products is the courier services company’s full responsibility. The Winery shall not bear responsibility for the delivery or the supply due to the following cases:
37.2 Notwithstanding any other provisions in these Terms and Conditions, it will not be
possible to supply Products on Fridays, Saturdays, memorial days, the eves of holidays
and holidays.
37.1.1 “Force Majeure” – Inter alia, war, hostilities, natural hazards, pandemic, states
of emergency or events that are beyond the Winery’s control, including without
limitation, strikes and lock-outs.
37.1.2 Delivery of erroneous, inaccurate or incomplete details by the User. It is hereby
clarified that if when the order is made, erroneous details shall be delivered by the
User, the Winery shall not be able to guarantee that the Product will indeed reach
its destination. In such an event, if the Product shall be returned to the Winery due
to mistaken details, the User shall be charged the payment for the handling and
delivery fees.
38. In the event that the User shall not be present at the time of the supply at the Order Delivery
Address, the Product shall be returned to the Winery or to the courier services company, and an
alternative supply time shall be coordinated with the User.
Product Returns and Cancellations
The Cancellation Policy shall be as specified in Annex A of these Terms and Conditions.
Intellectual Property
39. All of the Winery’s intellectual property rights, including without limitation, the Winery’s name,
the Site’s domain name, the trademarks, whether or not registered, the logo, advertisements, any
information or display on the Site, patents, models, methods, commercial secrets, the Site’s
graphic design, the databases, the details of the Products, the Site’s computer code as well as any
detail related to the operation of the Site, are the Winery’s exclusive property and title, and no use
may be made therewith without receiving the Winery’s prior and written consent. For the
avoidance of doubt, it is clarified that the NFT shall be transferred to the sole ownership and
responsibility of the User.
40. The Site may only be used lawfully. It is prohibited to copy, publish, distribute, duplicate,
translate, sell or market (or to allow others to do so) any information whatsoever from the Site
without receiving the Winery’s explicit prior and written permission. It shall be clarified and
emphasized that that stated also relates to publication or use of all the aforesaid in the framework
of any other internet site whatsoever, or collection, by means of software programs or other
means, and distribution of data from the Site, in a private or commercial manner.
41. It is prohibited to present the Site within a “frame”, whether overt or covert, and it is prohibited
to link to pages that are located therein, but rather only to the homepage.
Liability and Indemnification
42. The Use of the Site and of its content is at the User’s entire and exclusive responsibility. No
allegation of any kind whatsoever shall be heard against the Winery or anyone on its behalf due
to any loss or damage deriving from reliance upon or use of information that is given and appears
on the Site.
43. The service on the Site and the content appearing thereon are provided “as is”, and the Winery
has no intention or ability to accommodate them to the needs of each User. The User shall not
have and hereby waives any allegation, claim or demand with respect to the service or its content,
characteristics, limitations or accommodation to his needs and demands.
44. If and to the extent the User shall use the Site not in accordance with the Terms and Conditions,
the Winery shall not be responsible and shall not bear any damage that shall be caused to you or
to a third party as a result of the use.
45. In the event of a breach of the provisions of these Terms and Conditions by the User, he agrees to
indemnify the Winery, its managers, employees or anyone on its behalf for any damage, loss,
payment, loss of profit or expense which shall be caused to the Winery as a result of such breach.
In addition, the User shall be required to indemnify the Winery, its managers, employees or
anyone on its behalf for any allegation, claim or demand against them by a third party as a result
of any use that was made contrary to the provisions of these Terms and Conditions.
46. The Winery shall not bear any responsibility whatsoever for the content of the Site or use thereof
or reliance thereupon.
47. The Winery is not responsible for content which shall be published on links appearing on the
Site, if any, and which lead to other sites (whether or not such sites are active).
48. The Winery does not undertake that the Use of the Site and that all the services or content will be
offered in an ongoing and continuous manner and that there will not be any failures, interruptions
or malfunctions. The Winery shall not be responsible in any manner for failures or disruptions on
the internet network or the communication lines that allow access to the internet network –
regardless of the reason of such failure, interruption or malfunction.
49. In any event whatsoever, the Winery shall not bear any responsibility whatsoever that exceeds the
value of the Product which was purchased by the User and shall not bear any damage which is
not direct or bear consequential damage.
Miscellaneous
50. The Winery may, at any time and without prior notice, change or update the Terms and
Conditions. The version of the Terms and Conditions that appears on the Site is the binding
version.
51. The failure to enforce or a delay in enforcing a right of Winery of any provision listed in these
Terms and Conditions, shall not constitute a waiver of further enforcement of such provision or
of any other provision. If, for any reason, a competent court shall determine that any provision
whatsoever of these Terms and Conditions is invalid or unenforceable, such provision shall be
enforced to the permissible extent and the remaining provisions listed in these Terms and
Conditions shall remain in full force.
52. These Terms and Conditions and any dispute related thereto shall be interpreted in accordance
with the laws of the State of Israel however there shall be no application of the international
conflict of laws rules prescribed therein, and the exclusive and singular jurisdiction to address
any dispute deriving from the Terms and Conditions or related thereto shall be granted to the
competent court, as applicable, in Tel-Aviv-Jaffa, while denying the jurisdiction of any other
court or judicial instance.
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