Terms of Use

1. Website and Application Terms of Use for stickit.co

1.1. These terms constitute a legally binding agreement. The provisions of these terms will apply to all use made by you (hereinafter: "the User") of the website and application stickit.co (hereinafter: "the Website") and to all purchases made by you through the Website, including purchases through the application and/or telephone purchases, and constitute a binding agreement between you and Up In Up Ltd. (hereinafter: "the Website Operator"). Use of the Website is subject to agreement to these terms, including the terms of service, privacy policy, and any other policy detailed on the Website. Please read these terms in full and carefully. The headings of the terms and sections are for convenience only. For the avoidance of doubt, these terms will also bind any supplier towards the Website Operator, and in any case, shall not be construed as an agreement for the benefit of any third party. Browsing the Website and/or purchasing products offered for sale thereon constitutes your agreement to accept and act in accordance with these terms. Therefore, if you do not agree to any of its terms, you are requested not to make any use of the application or the Website.

1.2. Use of the Website is subject to strict adherence to the terms. The Website Operator's liability is limited as detailed in this agreement. The Website Operator will not be responsible for actions and/or between third parties. The intellectual property rights of the Website Operator must not be violated, and intellectual property rights or any other right of a third party must not be violated. These important instructions apply, without limitation, and without derogating from other provisions, to all users of the Website, including suppliers and advertisers, all as detailed in sections 3-5, respectively, which constitute fundamental sections of this agreement.

1.3. Eligibility. The Website may be used by an adult, 18 years of age or older, who holds a valid means of payment. It is not possible to place orders without providing credit card details or any other means of payment that will be acceptable by the Website Operator, including payment vouchers. The Website Operator may reject orders in case of refusal to verify details or non-compliance with eligibility conditions.

1.4. Changes to Terms. These terms may be changed at any time by the Website Operator, at its sole discretion. The User is obligated to check the terms upon each entry to the Website, as the terms may change without prior notice.

1.5. Privacy. Use of the Website is subject to the Website's privacy policy, which constitutes an integral part of these terms. Without derogating from the aforesaid in the Website's privacy policy. Please read it carefully. It is clarified that when using the Website or the application, you may agree to receive various messages and notifications, including advertisements and service and system messages, from the Website Operator and/or on its behalf.

1.6. Customer Service. For additional details regarding the Website and its activities, you may contact the Website Operator's customer service at help@stickit.co. It is clarified that the Website Operator is not obligated to provide customer service beyond what is required by law, and customer service hours may vary.

2. Product Supply/Delivery

2.1. The Website Operator and/or the suppliers (as applicable) will ensure the delivery of products purchased on the website to an address in Israel or to a pre-agreed collection point as provided at the time of order and in accordance with the delivery terms specified on the website or application.

2.2. Order completion date. Only a confirmation of order execution received in the customer's email, including the relevant order details, such as order number, customer details, and order details, will constitute confirmation of receipt of the order by the Website Operator. Delivery times depend on stock availability and order approval. The order completion date will be considered as the date of order approval by all of the following, cumulatively: (a) approval by the customer's credit card company; (b) receipt of the company's confirmation regarding the product's availability in stock; (c) approval by the Website Operator (hereinafter: 'the determining date'). All relevant dates, including for the purpose of determining delivery dates, will be counted only from the determining date. Delays under the customer's responsibility will be solely their responsibility, in accordance with section 43 of the Contracts Law (General Part), 1973.

2.3. Product delivery is carried out by a delivery service to the address provided by the customer at the time of order.

2.4. Product delivery to the customer's home by the delivery service will be in accordance with the delivery company's terms and subject to their distribution areas.

2.5. Delivery and transport to restricted areas. In areas restricted for security reasons as defined from time to time by the security system and/or enforcement authorities, the Website Operator and/or suppliers may deliver the products to customers at a nearby acceptable location, which will be coordinated with them in advance. Additional costs may apply for restricted or remote areas. It is clarified that in certain localities, the delivery service is provided only to the branch closest to the customer's place of residence.

2.6. Calculation of dates. The delivery times of products/services specified on the sales page include only the calculation of business days (Sunday to Thursday, excluding Fridays, Saturdays, holiday eves, and holidays) from the order completion date as defined above.

2.7. Identity verification or request for additional details. The Website Operator and/or suppliers and/or anyone on their behalf may, at any time, request additional details or documentation (such as presenting an ID card) regarding the user and/or the credit card holder used for the order, including for identification purposes and/or the signature of the credit card holder on a voucher as a condition for product delivery. The user is required to cooperate in verifying details. Non-cooperation may cause a delay in delivery.

2.8. Delay and lateness in delivery. The Website Operator and/or anyone on its behalf are not responsible to the customer for a delay not exceeding 7 business days from the date the customer gave notice of a delay in receiving the product or service. The Website Operator will not be liable for delays caused by third parties, such as the delivery company. Notice of delay will be given to the Website Operator by the customer within a reasonable time, and in any case, no later than 72 hours after the delivery date specified on the product page. If a customer does not notify the Website Operator of the delay in receiving the product within a reasonable time from the delivery date specified on the sales page of that product, the customer will be considered to have received the product. The customer hereby waives any claim, demand, and/or request, of any kind, against the Website Operator, for non-delivery of that product and/or its late delivery.

3. Violations and Remedies

3.1. Website records. It is agreed that the records of the website and the Website Operator's systems constitute an institutional record as defined in the Evidence Ordinance [New Version], 1971, and will serve as conclusive evidence of the correctness of their contents.

3.2. Enforcement of terms. The Website Operator may, but is not obligated to, enforce the provisions of these terms and act in any case where there is reasonable suspicion of a violation of the terms by a user or any third party. The Website Operator may take legal or technological measures, including immediate blocking of access to the website or services.

3.3. Offensive content. In cases of offensive content that infringes the rights of third parties or is otherwise objectionable, the Website Operator will act according to the 'notice and takedown' procedure and will remove the infringing content within a reasonable time from receipt of notice.

3.4. Copying website content. It is strictly forbidden to copy, duplicate, distribute, publish, or use in any other way the content appearing on the website, unless prior written consent has been given by the Website Operator.

3.5. Third-party rights. It is forbidden to infringe the rights of third parties, including copyrights, trademarks, patents, or any other right. The Website Operator may remove infringing content and take legal action against infringers. The user acknowledges that any use of content that infringes copyrights or other rights may result in legal proceedings by external parties, and undertakes to indemnify the Website Operator for any damage caused.

3.6. Disclosure of responsible parties. In the event of a rights violation, the Website Operator may disclose the details of the allegedly responsible party to the injured party, at its discretion, and will not be liable for the information disclosed.

3.7. User obligations. Every user undertakes to provide accurate and correct details, refrain from using offensive language or prohibited content, and comply with the terms and the law. A user who violates these provisions will indemnify the Website Operator for any damage caused.

3.8. Website Operator actions. The Website Operator reserves the right to edit, amend, add, or delete any content item, display content in part or in full, and take any other action at its discretion.

3.9. Content on the website. The content displayed on the website, including user reviews, is for informational purposes only and should not be considered professional advice or a recommendation by the Website Operator.

3.10. Limitation of liability for content. The content on the website is presented 'as is' without verification of its accuracy, and the Website Operator is not responsible for any damages resulting from reliance on it.

3.11. Blocking users. The Website Operator may block access to users who violate the terms or the law, remove infringing content, and transfer information to the competent authorities if necessary.

4. Return Policy (Consumer Protection/Cancellation of Transaction/Sale and/or Consideration Failure)

4.1. Right of cancellation. A customer may cancel an order only in accordance with the provisions of the Consumer Protection Law, 1981 (hereinafter: 'Consumer Protection Law') and the regulations enacted thereunder. Cancellation requests must be detailed and in writing only, with appropriate documentation attached.

4.2. Products made to order. Goods made especially for the consumer as a result of the transaction, such as photo development products, cannot be canceled by the consumer, including as detailed in section 14C(d) of the Consumer Protection Law.

4.3. Cancellation fees. In accordance with the Consumer Protection Law, the Website Operator may charge cancellation fees in the event of cancellation not due to a defect or non-conformity, at a rate of 5% of the product price or 100 NIS, whichever is lower. A user who has received the product will be required to return it to the supplier at an address provided by the Website Operator, at their own expense. A user who requests that the product be collected from the place it was delivered, or from any other place, subject to the Website Operator's approval, will bear the cost of shipping for such collection.

4.4. Order cancellation. Order cancellation will be carried out only by written request to the Website Operator, or by sending a message to customer service via the 'Contact Us' menu on the website.

4.5. Satisfaction guarantee. If the user is not satisfied with the quality of the product during the first 7 calendar days from receipt of the product, and before it is affixed to the wall, the user may choose to receive a refund equal to the amount actually paid. This is provided that the product is returned to an address provided by the Website Operator. The Website Operator does not guarantee a full refund in cases where the product is returned in a non-intact condition. It is hereby clarified that returning a product after use (and particularly after affixing to the wall) does not entitle a refund – even if the use caused damage to the wall or marks on the surface.

4.6. Product return conditions. The product must be returned in its original packaging, without any sign of use, and in the same condition as delivered to the customer. The Website Operator reserves the right to inspect the returned product and reject a refund request in the event of a defect caused by improper use by the user. In addition, the Website Operator may charge additional handling fees if products are returned that do not meet the requirements.

4.7. Exceptional cases. If a defect is found in the product delivered to the customer, the user will be entitled to a replacement product or cancellation of the transaction, subject to presenting such a defect within a reasonable time from receipt of the product.

4.8. Products that cannot be returned. It is clarified that products made to the user's personal order, such as personalized products or printing products, cannot be returned except in the case of a manufacturing defect or non-conformity with the order confirmation.

5. Disclaimer and Limitation of Liability

5.1. General Limitation of Liability

5.1. General limitation of liability: The Website Operator will not be liable for direct, indirect, consequential, or special damages resulting from use of the website or products purchased thereon, including, but not limited to, damages resulting from loss of data, income, profits, or any other financial damage. Any use of the website is at the user's own risk, and it is clarified that the services and products on the website are provided 'as is', without any warranty of any kind, express or implied, including warranty of fitness for a particular purpose.

5.2. No Liability for Third-Party Content and Services:

5.2.1. The website may include links to content or services of third parties. The Website Operator shall not be liable for content, services, or products provided by third parties, including their accuracy, completeness, or compliance with legal requirements. Any use of such content or services is at the user's sole responsibility.

5.2.2. The Website Operator shall not be liable for disruptions, interruptions, or malfunctions arising from third-party services, including payment, clearing, or delivery services, and shall not be responsible for any delay or error resulting from such services. The responsibility for any malfunction or disruption in third-party services lies solely with the user.

5.3. Limitation of Liability for Technical Issues:

5.3.1. The Website Operator does not guarantee that the service on the website will be provided continuously, without technical faults, disruptions, or access problems. Any damage resulting from technical issues, including but not limited to storage, internet network, or cellular communication issues, shall not constitute grounds for any claim or lawsuit against the Website Operator.

5.3.2. The Website Operator is not responsible for any technical defect in the product caused by content uploaded by the user or due to unexpected external effects, such as viruses, malware, or hardware malfunctions.

5.4. No Liability for Website Errors:

5.4.1. If there is a typographical error in product data (including price, description, images, etc.), it is clarified that this shall not obligate the Website Operator to provide the product according to the conditions recorded in error. Product images on the website are for illustration purposes only and may differ somewhat from the actual product.

5.4.2. The Website Operator reserves the right to cancel orders in any case of typographical error or clear error in product description or price. Additionally, the Website Operator has the right to cancel orders in case of reasonable suspicion of abuse.

5.5. Limitation of Liability for Products and Services:

5.5.1. Any claim regarding products sold on the website is limited to the actual amount paid by the user for the relevant product. The Website Operator shall not be liable for any damage resulting from incorrect or inappropriate use of products.

5.5.2. The user undertakes to check the product upon receipt and report immediately any defect or non-conformity. It is clarified that delay in reporting may result in denial of the Website Operator's liability.

5.5.3. The Website Operator shall not be liable for damages caused by errors in editing content or information entered by users, including content uploaded for the purpose of designing or printing products.

5.5.4. Stickit is an adhesive product suitable for most types of walls, but its use may cause changes to the adhesive surface, such as paint peeling or marks. The user is responsible for checking the suitability of the wall before use, by testing on a small, hidden area. Use of the product is at the user's sole responsibility. The Website Operator shall not be liable for any damage, including damage to the wall or paint, caused by use of the product, including its removal.

5.5.5. Usage Instructions: The user undertakes to read and follow the usage instructions included with the product. Stickit products are not suitable for use on walls without primer, walls with prominent texture, walls painted with special paints (such as concrete, metallic, black, cashmere, and yuta paints), or walls with thick protrusions. The user is responsible for verifying wall suitability before use and performing a test in a hidden area. The Website Operator shall not be liable for damages resulting from failure to follow these instructions.

5.6. Limitation of Liability for Delivery Services:

5.6.1. Delivery services are provided by third parties, and the Website Operator shall not be liable for any delay, defect, or loss resulting from delivery services.

5.6.2. In areas restricted for security or geographical reasons, the Website Operator may provide the products at a nearby location which will be coordinated in advance with the user. The delivery company may require additional payment in special cases.

5.7. Protection Against Third-Party Claims:

5.7.1. The user undertakes not to upload content to the website that infringes copyrights, trademarks, patents, or any other right of third parties. In the event of a claim by a third party, the responsibility shall be solely that of the user.

5.7.2. The Website Operator reserves the right to remove infringing content without prior notice and take legal measures against copyright infringers.

5.8. Additional Terms:

5.8.1. The Website Operator shall not be liable for any damage caused to the user as a result of acts or omissions of third parties, including suppliers, partners, or other users of the website.

5.8.2. The sections listed above shall apply to directors, employees, and service providers of the Website Operator, and not only to the Website Operator itself.

6. 6. Governing Law

6.1. Interpretation and Enforcement. The interpretation and enforcement of these terms, and any action or dispute arising from them or from use of the Website, shall be governed by the laws of the State of Israel.

6.2. Jurisdiction. Any dispute arising in connection with the use of the Website, including in connection with placing orders, product delivery, or any other matter relating to the Website's activity, shall be resolved exclusively in the competent courts of the Tel Aviv or Central Districts.

6.3. Legal Language. It is hereby clarified that these terms are written in Hebrew. In the event of any inconsistency or discrepancy between a translated version of the terms and the Hebrew version, the Hebrew version shall prevail. In addition, disputes arising from use of the Website shall be governed solely by the laws of the State of Israel, even if the user is located outside Israel.

6.4. Legal Validity. If any provision of these terms is found to be illegal, invalid, or unenforceable under the applicable law, the remaining provisions shall remain in full force and effect.

6.5. Waiver of Rights. Any delay or omission by the Website Operator in taking action in the event of a breach of any of the terms set forth herein shall not be deemed a waiver of its right to take action at a later date or in another case of breach. The Website Operator has the right to update the terms in accordance with changes in the law or judicial decisions.

6.6. Supplementary Terms. It is clarified that additional terms may apply to users depending on specific circumstances or certain services offered on the Website. In the event of a conflict between these terms and such additional terms, the provisions of these terms shall prevail, unless expressly stated otherwise.

6.7. Advance Notice. If material changes to these terms are required as a result of new legal provisions or judicial decisions, advance notice will be published on the Website, and continued use of the Website will constitute acceptance of such changes.

7. 7. Additional Terms Regarding Products and General Printing Services

7.1. The Website is based on an advanced online platform for providing digital printing services. Through the embedded technology, users can personally and individually order various advanced printing services and products, including production, design, editing, printing, and framing of personal photos, and any other product as may be offered from time to time on the Website (hereinafter: 'Printing Products'), using the content offered therein, including designed templates, images, illustrations, and fonts (hereinafter: 'Content').

7.2. Printing Products on the Website are performed and supplied by printing houses selected by the Website Operator (hereinafter: 'Printing Suppliers').

7.3. The user declares and undertakes that he/she is aware that only a one-time, non-exclusive license is granted to use the printing platform and the Content, and that all intellectual and tangible property in the printing platform, the printing platform software, and the Content is protected by copyright, including trademarks, patents, or any other right, and is owned and/or licensed by the Website Operator and/or its designees.

7.4. The user undertakes to check the personal content he/she uploads and ensure that it does not infringe copyright. It is strictly and absolutely forbidden to use content not expressly permitted by these terms, including editing, processing, translating, distributing, integrating into works that may harm the creator's dignity, creating derivative works based on the content, or printing them with any other party, without prior written consent from the Website Operator.

7.5. Printing Products will be printed as they appear on the Website or application. However, a deviation of up to 15% in color shade and up to 5 mm in dimensions between what is seen on the user's personal computer and the final product should be taken into account. Such deviation is acceptable and will not be considered as defective performance of the order and/or supply of a defective product.

7.6. The user knows and agrees that the responsibility for print quality is limited to reasonable technical conditions and that absolute accuracy between the original file and the final product cannot be guaranteed. All printing services provided on the Website are considered 'goods made especially for the consumer', as defined in the Consumer Protection Law, 1981.

7.7. Personal Content and Storage

7.7.1. As part of the design of a printing product, the user may upload personal content to the printing platform for the purpose of personal design of a printing product, including photos, text, and illustrations (hereinafter: 'Personal Content').

7.7.2. The Website Operator may, but is not obligated to, store the Personal Content on the Website's servers for the purpose of using such content to design additional printing products by the user. It is clarified that the Website Operator reserves the right to delete such Personal Content without prior notice.

7.7.3. The transfer of Personal Content to the Website Operator and/or Printing Suppliers shall not be construed as transferring possession of the Personal Content and/or as providing backup services. The user undertakes to keep copies of all Personal Content at his/her own risk.

7.7.4. The Website Operator and/or Printing Suppliers do not monitor the Personal Content sent and shall not be liable for any defect or non-conformity in such content.

7.7.5. The user declares that all Personal Content uploaded by him/her does not infringe copyrights, trademarks, or other proprietary rights of any third party, and that he/she has all the necessary permissions to use such content.

7.7.6. It is strictly forbidden to upload Personal Content containing viruses, malware, or any other harmful material that may damage the Website or its customers.

7.7.7. The Website Operator disclaims all responsibility regarding the sticking, attaching, or removal of products to walls or other surfaces, and any damage resulting from improper use shall be the sole responsibility of the user. The user is aware and agrees that the use of Stickit products may cause changes to the adhesive surface, including paint peeling, marks, or other damage to the wall. The user undertakes to check the suitability of the wall before use and perform a test application in a hidden area. The Website Operator shall not be liable for any damage caused to the wall or paint due to the use of the product or its removal.