Welcome to the website www.zabilo.com (the “Website”) that offers access to our selling and buying services. Any person who wants to access the Website and use the Services (as defined below) to sell or buy items must accept the terms and conditions herein without change (the “Terms and Conditions”). BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS AND ALL POLICIES AND GUIDELINES OF THE WEBSITE ARE INCORPORATED BY REFERENCE.
The Website is a virtual venue allowing the Registered Users (as defined below) to act as sellers (the “Sellers”) or buyers (the “Buyers”) for the purpose of buying and selling of goods (the “Transactions”). Zabilo is not directly involved with any Transaction or associated agreements made between parties who engage in the buying and/or selling of goods on the Website. Zabilo accepts no responsibility, nor shall be held liable for the transactions that occur as a result of usage of the Website.
In these Terms and Conditions all references to “you” and/or “your” and/or the “user” shall refer to the party entering into these Terms and Conditions with Zabilo.
Zabilo (“Zabilo”, “we” and/or “us”) reserves the right to change any of the Terms and Conditions, at any time and in its sole discretion, and any modification shall be effective immediately upon posting the revised Terms and Conditions on the Website. We will announce any such change by posting the revised draft of the Terms and Conditions on the Website. YOUR CONTINUED USE OF THE WEBSITE AND THE SERVICES FOLLOWING ZABILO'S POSTING OF ANY CHANGE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE OR MODIFICATION. IF YOU DO NOT AGREE TO ANY CHANGE TO THESE TERMS AND CONDITIONS, DO NOT CONTINUE TO USE THE SERVICES OF THE WEBSITE.
You may not use the Website if you do not agree to these Terms and Conditions.
Further you may not use the Website if: (i) you are prohibited by local laws and regulations from using the Website; or (ii) you are not fully able and competent to enter into a binding contract with Zabilo.
By using the Website, you represent and warrant that you are at least eighteen (18) years old and that you have the right, authority, and capacity to enter into these Terms and Conditions and to abide by all the terms and conditions of the Terms and Conditions.
Users who are not eighteen (18) years old can use the Website if they are supervised at all times by a parent or legal guardian over the age of eighteen (18). In this case, the parent or legal guardian assumes responsibility of all activities carried out by the user. The user or parent/legal guardian agrees that Zabilo shall not be held responsible for any damage incurred by non-commitment to this policy.
Zabilo intends to offer all users a limited right to browse the Website and to introduce themselves with the Services offered by the Website.
Zabilo will provide to the Registered Users (as defined below) the following services:
the ability of the Sellers to, inter alia, sell handmade, fine art, design, media, vintage, supply goods and other items through the Website;
the ability to directly deliver the products sold by the Sellers to the Buyer, as may be agreed between the Seller and Zabilo,
the ability of the Buyer to acquire the Products sent by the Sellers through the Website,
Zabilo may also provide the Sellers with additional marketing services, as the Sellers may elect to upon request through the Website or by email to the address firstname.lastname@example.org.
Zabilo reserves the right to add features and facilities to, or remove them from, the Services as Zabilo evolves and changes over time.
In order to use the Services through the Website you are required to register with Zabilo, become a registered user of the Website (a “Registered User”).
In order to become a Registered User, you must provide, as the case may be, your real name, address, phone number, e-mail address, password, company registration number and valid credit card information. If you are an entity, the person whose email address is associated with the account shall have the authority to bind such organization to these Terms and Conditions. Zabilo reserves the right to require additional details in order to properly set up your Registered User account.
By becoming a Registered User, you may act as a Seller and therefore be subject to the provisions of Section 5 of the Terms and Conditions or as a Buyer and therefore be subject to the provisions of Section 6 of the Terms and Conditions.
You are solely responsible for maintaining the confidentiality of your password and account, and agree not to transfer your email address or password, lend or otherwise transfer your use of or access to the Website, to any third party.
You are solely responsible for any and all activities that occur under your Registered User account. You may change your password, or any other account information, at any time by following the instructions available on your account page.
In order to protect the security of your account, we recommend that you log out of your account after using the Website.
You agree to immediately notify us of any unauthorized use of your account or any other breach of security related to your account or the Website.
When you use the Services and/or the Website, you agree to: (i) provide certain current, complete, and accurate information about you when prompted to do so by the Website, and (ii) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration is inaccurate, then Zabilo reserves the right to terminate your Registered User account immediately and your right to use the Services and the Website.
We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
It is hereby acknowledge that Registered Users are prohibited from sharing accounts, or using another user’s account without permission. Violation of this policy will result in an investigation by Zabilo, and possibly lead to the termination of the user account or other corrective actions deemed appropriate by Zabilo.
Sellers’s Terms and Conditions
Listing and selling products
All Sellers must warrant that the products that they intend to sell on the Website are described accurately and completely.
As a Seller, you may only list products and conduct sales transactions for items that they are legally able to sell. Any item that does not meet this criterion will be removed at Zabilo’s discretion and the user’s account will be evaluated for possible termination.
Without limitation, you may not list any item or link or post any related material that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent. It is up to the Seller to accurately describe the item for sale. As a Seller, you use the Website and the Services at your own risk.
Without derogating from the above, the prohibited products shall include, the following products: (i) firearms, (ii) explosives, (iii) dangerous chemical, (iv) any item that which in whole or in part is subject to a recall, (v) stolen items, (vi) fireworks, (vi) protected antiquities, (vii) real estate, (viii) ivory or animal products from endangered species collected illegally, (ix) any item or service that violates applicable law in regard to manufacturing, distributing, advertising, or transporting said item, (x) items not in your possession or items you do not intend to deliver, illegal, counterfeit or contraband items of any sort, (xi) items, materials or products that are copyrighted, trademarked or patented by another party, (xii) pirated materials, (xiii) replica items, including designer items, (xiv) personal data or information, (xv) items or products that carry or transmit hidden code or signals with the intention of causing harm or tracking personal or transactional information of any sort, (xvi) harmful, harassing, intimidating or defamatory materials, products or items, (xvii) hazardous materials, products, or items, (xviii) prostitution or other similar services and (xix) any product or service that Zabilo may determine from time to time as being inappropriate, harmful, fraudulent, or illegal.
Zabilo reserves the right to review a Seller’s account at any time and without notice. Zabilo reserves the right to remove content which is deemed to be inappropriate or that could subject Zabilo to legal action.
Applicable Procedures and Guidelines
As a Seller, you agree to abide by the procedures and guidelines for conducting fixed price sales, as shall be directed to you by Zabilo and which are incorporated by reference into, and made part of, these Terms and Conditions (the “Procedures and Guidelines”).
The Procedures and Guidelines explain the processes and set out acceptable conduct and prohibited practices. We may change these Procedures and Guidelines in the future, and such changes will be effective immediately upon posting without notice to you, if posted on the Website, or sent to you by email, as the case may be.
For each item you list on the Website, you will provide to us the state or country from which the item ships. You will provide to us (using the processes and timing that we designate) any requested information regarding shipment, tracking (to the extent available) and order status, and we may make any of this information publicly available.
The Seller shall be entitled to receive the price set for each Transaction in accordance with the provisions of Section 5.2 above.
Zabilo shall be entitled to a fee for each Transaction completed as specified in writing between Zabilo and each Seller. You undertake not to complete any transaction outside of the Website and not to circumvent Zabilo’s right for a fee in any other way.
The Seller acknowledges that Zabilo has the right of set-off and it may deduct its fees from any consideration due to the Seller.
Returns and Refunds.
You will accept and process returns, refunds and adjustments in accordance with these Terms and Conditions and the Zabilo return policies, and we may inform customers that these policies apply to your products. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable Zabilo return policies and as required by law, and in no case later than thirty (30) days after the obligation arises.
Buyer’s Terms and Conditions
Zabilo attempts that the Services provided by the Sellers through the Website be as accurate as possible. However, Zabilo does not warrant that the Service is accurate, complete, reliable, current, or error-free. You agree that Zabilo shall not be held liable for any inaccurate, incomplete, late or non-delivery, unreliable or errors-in respect of the Services.
The Buyer shall be entitled to cancel any Transaction within fourteen (14) days upon receipt of the Products acquired under such Transaction (the “Returned Products”) and to obtain a refund equal to the price of the Returned Products minus the shipping costs and a fee equal to the lesser of (i) 5% of the price of the Returned Products or (ii) NIS 100 (one hundred shekels).
The Returned Products shall be returned to the following address: Zabilo – Ahad ha'am 75 ground floor, Tel Aviv-Yafo, Israel. The Buyer hereby acknowledges that the refund is subject to the return of the Returned Products in perfect condition in their original packaging.
Zabilo is entitled to cancel a Transaction in the event of (i) any mistake made regarding the price or the description of the Products or (ii) out-of-stock. In such case, Zabilo shall notify the Buyer of such cancellation by email and the Buyer shall be entitled of a full refund of the price paid.
In the event that Zabilo is responsible for the delivery of the Products to the Buyer, in accordance with the provisions of Section 3.2 above, it is hereby clarify that Zabilo shall not be responsible (i) in the event that the address provided by the Buyer for the delivery is invalid and any cost or expense that may be incurred shall consequently be borne by the Buyer or (ii) in the event of a delay due to a force majeure event.
Unless otherwise agreed in writing between the Seller and Zabilo, the following provisions shall apply:
each Transaction shall be considered a legally binding contract between the Buyer and the Seller;
Zabilo shall not be held liable, nor will Zabilo mediate or adjudicate the transaction or any resulting conflict between those two parties;
the Seller is responsible for the safe delivery of the sale item(s); and
the Seller must guarantee the condition of sale of the relevant item, and may not misrepresent the item to be sold in any way.
Billing and Payment
Zabilo will be responsible for collecting and billing from the Buyer and for processing payment of any Transaction via the Website.
At this time, we only accept payment through PayPal and PelePay, well-known, trusted, and secure ways to make payments over the Internet. You warrant that although PayPal and PelePay are extremely secure, we are not responsible for protecting the personal information you share with them. You are encouraged to read the related PayPal and PelePay policies carefully.
You agree that it is the Seller’s sole responsibility to determine whether Seller Taxes apply to the Transactions and to collect, report, and remit the correct Seller Taxes to the appropriate tax authority, and that Zabilo is not obligated to determine whether Seller Taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction.
For the purpose of this Section, “Seller Taxes” means any and all sales, goods and services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through the Website, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.
Compliance with Laws; Fraud. The Website and Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name or use an invalid or unauthorized credit card. You may not impersonate any participant or use another participant's password(s). Such fraudulent conduct is a violation of applicable laws. Fraudulent conduct may be reported to law enforcement, and Zabilo will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
Investigation. Zabilo has the right, but not the obligation, to monitor any activity and content associated with this Website and investigate as we deem appropriate. Zabilo also may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Website, including listings. Zabilo reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable.
Disclosure of Information. Zabilo also reserves the right to report any activity that either of them suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Zabilo’s systems and customers, or to ensure the integrity and operation of Zabilo’s business and systems, Zabilo may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted content.
THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. ZABILO DOES NOT MAKE ANY OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR;
THAT THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF FIXED PRICE SALE, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED;
ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ZABILO OR ZABILO PAYMENTS.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW ZABILO DISCLAIMS ANY AND ALL SUCH WARRANTIES.
WHEN ZABILO IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE ZABILO (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Indemnity/Limitation of Liability.
Indemnity and Defence. You will defend, indemnify and hold harmless Zabilo, and each of its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms and Conditions and any other agreement that may be entered between you and Zabilo; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes.
Limitation of Liability. ZABILO WILL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS AND CONDITIONS, THE WEBSITE, THE SERVICES, THE TRANSACTION PROCESSING THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
By becoming a Registered User, you grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of the content you submit to Zabilo and its affiliates, and to sublicense the foregoing rights to our affiliates and operators of any website or other online point of presence (other than the Website) through which the Website and/or products or services available thereon are syndicated, offered, merchandised, advertised or described; provided, however, that we will not alter any of your trademarks (i.e., trademarks of yours that you provide to us in non-text form for branding purposes that are separate from and not embedded or otherwise incorporated in any product specific information or materials) from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of your trademarks (provided you are unable to do so using standard functionality made available to you via the Website or Services); provided further, however, that nothing in this Participation Agreement will prevent or impair our right to use without your consent the content and any other materials provided by you, to the extent that such use is allowable without a license from you or your affiliates under applicable law (e.g., fair use under copyright law, referential use under trademark law, or valid license from a third party). You represent and warrant that you own or otherwise control all of the rights to the content you submit to Zabilo and its affiliates, and that the use of such materials by Zabilo and its affiliates will not infringe upon or violate the rights of any third party.
You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Services and the Website, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. We will also terminate your account upon receiving reliable information involving your violation of any law, and will cooperate with law enforcement agencies on such matters. We may also, in our sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of the Terms and Conditions may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account, and/or bar any further access to such files or the Services. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Website.
Governing Law. The Terms and Conditions shall be governed by, construed and interpreted in accordance with the laws of the State of Israel, without giving effect to any principles of conflicts of law.
Jurisdiction. You agree that any action at law or in equity arising out of or relating to the Terms and Conditions shall be filed only in courts located in the city of Tel-Aviv, Israel and you hereby consent and irrevocably submit to the exclusive jurisdiction of such courts for the purposes of litigating any such action and you waive any jurisdictional, venue or inconvenient forum objections to such courts.
Claims. You agree that any claim or cause of action arising out of your use of the Services and/or the Website or the Terms and Conditions must be filed within three (3) months after such claim or cause of action arose or it shall be deemed waived and forever be barred, notwithstanding any status of limitations or other law to the contrary. Within this period, any failure by Zabilo to enforce or exercise any provisions of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. If any provision of the Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Assignment. Zabilo may assign the Terms and Conditions, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense the Terms and Conditions or any or all of your rights or obligations under the Terms and Conditions without Zabilo’s express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
Headings. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.