Terms of Use

Last updated: July 2024.

The following are the regulations governing the terms of engagement between the operators of the website and the site visitors.

This agreement (hereinafter: “the Agreement”) regulates the terms of engagement between the operators of this website (hereinafter: “the Operators”) and the site visitor/user/customer (hereinafter: “the User”), who may make purchases on the website (hereinafter: “the Purchaser”) regarding the use of this website (hereinafter: “the Site”).

1. Introduction

1.1 All references in this agreement apply equally to males and females. The language used on the site is in the masculine form for convenience only.

1.2 On the website located at www.noamdesigns.com, we showcase our products, including: event invitation design (weddings/bar-mitzvahs, birthdays), digital image (for sending to guests via WhatsApp), product printing, professional product photoshoot set-up for printed materials, and photo and video editing services.

1.3 Welcome to the Noam Designs website. Please review this agreement, which constitutes the legal basis for using the website and will serve as the basis for legal proceedings between you and Noam Designs regarding any matter or activity you engage in on the Noam Designs website (via any means – whether through a desktop/laptop computer, tablet, smartphone, or any existing or future means).

1.4 By using the website, you confirm that you have read and agreed to all the provisions of this agreement. If you do not agree with the provisions of this agreement, you are required to immediately cease all use of the website.

1.5 Noam Designs reserves the right to amend, modify, or change the terms of this agreement at any time, at its discretion. To stay updated on changes (if any), it is important to review the company’s terms of use before each use of the website, as published on the Noam Designs website. The current and latest version of the agreement appearing on the website will prevail at all times.

1.6 This website serves as a virtual store (also known as an online sales website) where various products can be sold in an online format over the internet.

1.7 The user can add products of their choice to the shopping cart on the website, select their preferred shipping and payment methods, and complete the transaction online on the website to purchase these products.

1.8 The website operators make a visible effort to update the inventory of various products on the site, but it is possible that a product that is not available in stock is displayed on the site due to oversight. In the event of purchasing a product that is not in stock, the purchaser may receive an equivalent alternative product or credit for purchasing other products on the site, or a refund.

1.9 The prices of the products as displayed on the Israeli website do not include shipping fees. On the international website, prices include international shipping to supported destinations.

2. General

2.1 There is an absolute prohibition on using the website in any way (including uploading images/videos/documents and/or sending them) that: violates the copyrights of any individual; constitutes evidence or facilitates criminal activity or civil wrongdoing; constitutes defamation or libel; publishes objectionable materials or pornography (including any nudity); promotes racism, violence, threats, discrimination, or violates personal privacy; infringes upon trademarks, designs, patents, or establishes grounds for legal action; constitutes incitement or political or diplomatic messaging; or violates contractual rights of any individual, or material whose publication is prohibited by law.

2.2 Every user of the site acknowledges that they own the rights to all material uploaded and/or sent by them, and further, that the use of such material does not infringe upon the privacy of any individual (and confirms, among other things, that consent has been obtained from all subjects depicted in the material/photo/video as required).

2.3 Noam Designs cannot monitor all materials uploaded through the site, and the company assumes no responsibility for any such material, notwithstanding that the company reserves the right to delete any inappropriate material from its servers and/or take any action it deems appropriate in response to a violation as described above and in the terms of use, without limiting the foregoing, preventing the printing of offensive materials. Noam Designs shall not be liable for any damages that may arise from deletion and/or non-printing as described. Noam Designs reserves the full right to claim compensation and/or indemnity for any damage or legal proceedings caused to it, its operators, administrators, employees, users, or any third party as a result of the violation of one or more of the above provisions.

2.4 Noam Design reserves the right, for any reason and at its sole discretion, to refuse at any time to produce and/or print any material and/or to delete any material uploaded by the user, even if it does not constitute prohibited material as mentioned above. If Noam Design refuses to print/store/film/produce/create/manufacture such material, the customer will have no right to make any claims and/or lawsuits against Noam Design for this refusal.

2.5 Placing orders on the site is permitted only for corporations and adults who have fully completed the identification process, provided their verified and functional email address, and own a valid and active credit card.

2.6 Noam Design reserves the right and the ability to block access to the site and to prevent the participation of users whose behavior does not comply with the regulations and/or who attempt to harm its proper management.

2.7 It is prohibited for any user to present the site as if it is not associated with Noam Design and/or as if it is associated with them or any other person (including through links, screenshots, etc.). Users are also prohibited from presenting themselves as representatives of Noam Design and/or acting on its behalf or in its name.

2.8 Noam Design makes every effort to provide its various services continuously, but there may be failures and/or delays and/or interruptions in service provision for any reason, and the user will have no claims or lawsuits against Noam Design if such events occur.

2.9 Noam Design uses information security; however, data traffic through the internet and/or mobile networks is not encrypted. The user will have no claims and/or lawsuits against Noam Design if the material they sent or uploaded reaches any third party.

2.10 In case of any inconsistency between the provisions of these regulations and those in other informational pages on the site (example pages: Customer Service, FAQs, Shipping and Returns), the provisions of these regulations shall prevail.

2.11 In case of any inconsistency between the provisions of these regulations and those on the product pages on the site (pages displaying products for sale), the provisions on the product pages shall prevail.

2.12 All prices shown are inclusive of VAT.

2.13 All products (digital photo/video) will include the noam design’s logo (watermark), discreetly placed in a small size on the side of the photo/video. The logo will be integrated in a manner that does not detract from the overall design. It is important to note that the designer does not provide products without the logo, in order to maintain copyright and professional identity.

3. Storage of Materials

3.1 Noam Design operates reasonably and with the means at its disposal to maintain the integrity of all materials transferred to it. However, it is the user’s responsibility to back up all material transferred/uploaded by them to the site whenever possible. Noam Design is not responsible in any way for the recovery of files that were damaged/deleted while in its possession, and the user will not be entitled to any compensation from Noam Design and/or its representatives if such an event occurs.

3.2 If material is stored at Noam Design, a customer who requests that Noam Design not store material sent by them should contact Noam Design by email only with a request to remove the specified material. This request and any related follow-up are the customer’s sole responsibility. A customer who does not make such a request will not be entitled to make any claims and/or lawsuits against Noam Design for any damage caused to them as a result of not removing and/or storing the material at Noam Design. Such a request must be sent in writing to the following email address: hello@noamdesigns.com

3.3 In any case, Noam Design will not be liable to the user for any damage and/or claim and/or loss of profit and/or loss of data, directly or indirectly, of any kind and type.

3.4 It is the user’s responsibility to ensure that the email address provided during the order process on the site is current and valid. The user must ensure that emails sent to them from Noam Design do not end up in the junk/spam folder.

4. Approval Before Ordering

4.1 It is the user’s responsibility to perform a thorough proofreading before approving the order for shipment.

4.2 After the customer receives the company’s graphic draft, they must send their approval via email or WhatsApp. This approval is final—after the final approval, Noam Design assumes no further responsibility.

4.3 Noam Design is not responsible for spelling/typing errors, proofreading errors, errors in image placement, or any other design errors (including but not limited to the suboptimal use of pages or print areas, incorporation of low-quality images, mismatched colors, etc.). The product will be printed as approved by the customer during the ordering process. An order that has been paid for and given final approval will automatically be sent to print and cannot be corrected or stopped.

4.4 Noam Design prints the files transferred to it according to the guidelines of the printing equipment manufacturers and the printing houses where the orders are sent. However, it should be noted that the display of images on a digital screen (which varies from screen to screen depending on the screen’s technical specifications and calibration) is fundamentally different from print on paper. Therefore, there may be a discrepancy between the hue/intensity/brightness of the colors displayed on the screen and the actual printed colors, as well as a deviation of a few millimeters in the size of the product. Consequently, there is no warranty on color tones/intensity/brightness. Product images are for illustration purposes only. There may be differences in colors and/or dimensions between the product image as it appears on the site and the actual product. Such differences can result from problematic photography angles, problematic lighting, technological manipulations on the images on the site (such as image compression that may cause distortion), or any other reason. The user will have no claims or lawsuits regarding such deviations as mentioned above.

5. Ordering and Delivery

5.1 The procedure of ordering a product on the site and the appearance of an indication that the order has been sent to Noam Design does not constitute confirmation of receipt of the order and its entry into the production line. Only after receiving the file, conducting its technical review, successfully charging the credit card, and receiving customer proofreading and approval, will the order be transferred to production. Immediately after completing a purchase on the site, the purchaser will receive confirmation of the transaction sent via email (hereinafter: “Transaction Confirmation”), detailing their personal information (including name, phone, email address, and shipping address) and order details (including the list of products purchased, a unique identifier for each item, quantity, and price). It is clarified that only the Transaction Confirmation constitutes confirmation of the transaction between the purchaser and the site. Do not confuse the Transaction Confirmation with other emails the purchaser may receive from the payment processing company.

5.2 Delivery times vary from order to order, depending on various factors: type/quantity/weight/number of boxes/self-pickup/shipping, etc. Delivery time is calculated from the moment the order is transferred to production after reviewing the file, its content, and successfully charging the credit card. In the case of print production that includes multiple copies and the user’s request for a proof copy, the delivery time will be calculated from the moment the user sends written approval of the print. The estimated delivery time will be provided to the customer specifically based on the order details. Products will be delivered according to the delivery times detailed on the site. If delivery days are mentioned, they refer to business days only (Fridays, Saturdays, and holidays will not be counted as business days).

5.3 Noam Design is not responsible for any delay in delivery due to force majeure or events beyond its control, including strikes/labor actions/war, etc.

5.4 Upon delivery, Noam Design may require the presence of the credit card owner for identification and to sign a credit slip to prevent any claims of non-delivery.

5.5 If the delivery is made by courier companies, delivery areas are limited. Delivery fees do not include delivery to physically inaccessible locations, locations that pose a risk, or require special arrangements. Delivery fees do not include transport to upper floors or transport requiring additional manpower or tools (such as a ramp, crane, etc.). There are localities where courier companies do not deliver (for various reasons).

The delivery fees listed on the Israeli site refer only to delivery within the borders of Israel and within the Green Line. If delivery to these locations is not possible through courier companies, a customer service representative will contact you for further handling.

Deliveries on the international site refer only to areas supported by FedEx.
Terms of Use for FedEx Deliveries: https://www.fedex.com/en-il/conditions-of-carriage/sept-2023.html

 

5.6 In the case of a lost shipment via courier, Noam Design’s liability is limited to resupplying the ordered product (certainly not on the original delivery date specified in the order) after receiving confirmation from the courier that the loss occurred, and this will be at Noam Design’s expense, except where the loss was due to an incorrect address provided by the user.

5.7 Noam Design will not be liable for any direct and/or indirect damage, including harm to privacy, resulting from the printed material being delivered to any third party.

5.8 Noam Design has a strict product quality assurance system. If you receive a product that appears to be damaged during transport, please notify us via email or WhatsApp and send a photo of the damaged product. Noam Design will conduct an investigation, and if the product is indeed damaged, it will be replaced with an undamaged product. However, in no case will the compensation exceed the original product’s cost.

5.9 The site operators may not be able to supply all or some of the purchased products for various reasons. In such cases, the purchaser will be offered an alternative product or the option to cancel the transaction or part of it and receive a refund.

5.10 The site operators may not be able to meet the delivery times listed on the site for some or all of the purchased products for various reasons. In such cases, the purchaser will be offered several options: to wait for the products or to cancel the transaction or part of it and receive a refund.

5.11 Orders typically ship within 4 to 8 weeks upon design approval.

5.12 International orders are shipped using FedEx’s 2-14 business day delivery service, which includes full tracking. You will receive your tracking number as soon as your order is dispatched.

5.13 For international deliveries, customers may be required to pay import taxes and duties under certain circumstances. We recommend checking the relevant amounts for your country online before placing an order.

6. Promotions

6.1 Noam Design reserves the right to offer promotions to its customers at its discretion and can terminate any promotion at any time without obligation.

6.2 All promotions advertised by Noam Design will be binding only according to their terms as published and only for the specified period in the advertisements.

7. Mailing List

7.1 By placing an order on the site, the customer consents to be included in Noam Design’s mailing list.

7.2 A customer who wishes to remove themselves from the mailing list can do so at any time by clicking the unsubscribe link in the mailing email or by contacting hello@noamdesigns.com.

8. Order Cancellation

8.1 Order cancellations will be made in accordance with the provisions of the Consumer Protection Law, 1981 (Israel).

8.2 Please note, according to the law, transactions for products made to special order cannot be canceled. (Distance Selling Directive (EU Law)). All products made by Noam Design are custom-made.

8.3 Therefore, order cancellation is possible only before the start of the personal graphic design work, before work begins on the files.

8.4 Any cancellation notice received after this time will not be approved!

8.5 Without contradicting the provisions of Section 8.3, order cancellation must be done by phone only with customer service at +97254-9676545. Written notices, including emails or WhatsApp messages, will not be accepted or approved. Cancellation will only be possible if the order has not yet entered production.

9. Limitation of Liability

9.1 Without derogating from the aforementioned, under no circumstances shall Noam Design be liable to the user (and the user hereby waives in advance) for any amount or damages of any kind (including but not limited to direct or indirect damage, financial loss, punitive damages, bodily injury, consequential damage, loss of profit) directly or indirectly related to Noam Design’s services and/or the site’s content and/or the possibility of using the site (including service interruption) and/or copyright issues and/or damage caused to the user’s computer/smartphone/tablet (including but not limited to damage caused by viruses, worms, etc.) and/or as a result of hacking into the computer/smartphone/tablet.

9.2 Without derogating from the aforementioned, the maximum amount of damage that Noam Design will bear will not exceed the amount of the user’s last order.

9.3 Wherever this policy limits Noam Design’s liability and/or entitles Noam Design to compensation and/or indemnity and/or limits Noam Design’s responsibility, the same shall apply to Noam Design’s managers, shareholders, employees, or anyone acting on its behalf.

10. Indemnity

10.1 Without derogating from the aforementioned, the user of the site will compensate and/or indemnify Noam Design for any claim and/or demand made against it arising from the user’s breach of this policy and/or the provisions of the law.

10.2 The indemnity will cover any damage and/or loss and/or expense, of any kind, including legal expenses, incurred or to be incurred by Noam Design and/or any of its managers and/or employees and/or suppliers and/or anyone acting on its behalf.

10.3 The indemnity will be provided immediately upon Noam Design’s first demand.

10.4 The user of the site also authorizes Noam Design, as far as possible, to transfer any claim of any kind on the user’s behalf and to act to remove any liability from Noam Design for any claim arising from the user’s breach of this policy and/or the provisions of the law.

11. Miscellaneous

11.1 The intellectual property rights on the Noam Design website and its services belong exclusively to Noam Design and/or its representatives. Noam Design owns and/or has usage rights for the names and trademarks on the site, including icons, graphics, design, textual presentation, trademarks, and logos. It is strictly forbidden to copy, reproduce, distribute, publish, or otherwise use the contents appearing on the site and/or its tools. Any use of the site’s content, including content pages, product pages, and images, is strictly prohibited, and any such use or copying constitutes a violation of the law.

11.2 Computer records and all data of Noam Design regarding transactions conducted through the site will serve as proof of the correctness of the transactions.

11.3 Any interpretation and enforcement of this policy and/or any action or dispute arising from it will be conducted in accordance with the laws of the State of Israel.

11.4 If Noam Design delays or refrains from exercising or enforcing any right according to this policy, this will not be considered a waiver or prevent it from exercising its rights in the future. Noam Design may exercise its rights, in whole or in part, at any time it deems appropriate.

11.5 Any amount Noam Design owes the user for any reason shall not be offset by any amount the user owes Noam Design, except with the consent of Noam Design.

11.6 Limitation – The user agrees that the statute of limitations for claims filed against Noam Design will be 12 months only.

11.7 The courts in the following districts will have local and substantive jurisdiction over any dispute concerning the purchase of a product and/or service on the site: Central District, Southern District.

Accessibility Statement

In recognition of the importance of making information on our website accessible to all populations, significant efforts have been invested to make the site accessible to the diverse audience existing within the population, according to their abilities and disabilities.

This business does not have a physical location accessible to visit, and it provides services solely through the internet. Therefore, this statement does not address a physical location but rather information regarding the accessibility of our website.

In accordance with the requirements of the Israeli standard [“Regulations for Equal Rights for Persons with Disabilities”], the website has been adapted to all commonly used technological aids, including those used by users with permanent or temporary disabilities through an accessibility plugin installed on the site.

The site is accessible to the general population at the AA level and also implements recommendations from the WCAG 2.0 document by the W3C organization.

The website is regularly checked to ensure its accessibility maintenance. It should be noted that due to the dynamic nature of the site and technological changes, certain accessibility issues may arise. We kindly ask you to inform us immediately upon encountering any such issue on the site so that we can promptly correct it for the benefit of all users.

If you encounter an accessibility issue on the website or need assistance, please feel free to contact us via email at hello@noamdesigns.com, or by phone or WhatsApp message at: +97254-9676545.

LINK : 0Web Content Accessibility Guidelines (WCAG) 2

Accessibility actions implemented on the site include:

  1. Definition for all elements and components on the site.
  2. Adjustment of site pages for screen readers commonly used in the market.
  3. Clear and easy navigation on the site also through the keyboard.
  4. Improvement of color contrast and use of clear colors.
  5. Provision of alternative text (alt) for images and graphic elements.
  6. Definition of pages, headings, and paragraphs, and clear hierarchy design.
  7. Avoidance and minimization, as much as possible, of excessive movement and “floating” of elements and content on site pages.
  8. Keyboard adjustments – changing the display size by pressing +Ctrl- / Ctrl, as well as navigating using the Tab and Enter keys.
  9. The site is adapted to popular browsers in the market – Google Chrome and Internet Explorer.

 

We are happy to assist you with any questions!

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