Terms and Conditions
Preamble and Definitions
- This site (hereinafter: the “Site”) is owned by K.I. The Israel Distilling Company, Ltd., Company No. 515851848, and is operated by it (hereinafter: the “Israel Distilling”). Israel Distilling’s address is Agrippas 88, Jerusalem. The site is operated and administered as an “eStore”, permitting the users, by browsing the web, to purchase the products appearing in the site from any computer (desktop or laptop), or another telecommunication device, including, inter alia, a cellular device.
Warning: excess consumption of alcohol is life threatening and harmful to your health!
- In these Terms and Conditions (hereinafter: “Terms and Conditions”), the following terms shall be defined as follows:
- “User” – whoever fulfills the following cumulative conditions:
- Israeli resident, aged 18+, who is legally competent (as well as a lawfully incorporated company by Israeli law registered by the Israeli Company Registrar, all of whose shareholders are adults of 18+ years of age);
- Owns an active internet electronic mail account;
- Owns a valid credit card.
- “Products” – all items appearing on the Site and available for sale.
- “Site Use” – purchase or order of Products or using additional site services, inter alia:
- Browsing and viewing various contents.
- Purchasing products.
- Subscribing to a mailing list (“Newsletter”).
- “Order Delivery Address” – the address inputted to the Site by the User as an order delivery address.
- “Order Performance Date” – the date when the credit company approved the transaction performed by the User.
- “Delivery Date” – the day in which the Products ordered by the User were delivered to the Order Delivery Address.
- “Business Days” – weekdays, Sunday through Thursday, not including Fridays, Saturdays, memorial days, holiday eves, and holiday weeks.
- “Customer Club” – the “THINKERS CIRCLE” club of the K.I. The Israel Distilling Company, Ltd.
- “User” – whoever fulfills the following cumulative conditions:
General
- These Terms and Conditions define your rights and duties when using the Site and ordering products from it. Please read these Terms and Conditions carefully, as they constitute an obligating agreement between you and Israel Distilling. These Terms and Conditions shall apply to any use of the Site, whether by a computer (desktop or laptop) or by any other telecommunication device.
- Israel Distilling may, at any time and without prior notice, at its sole discretion, terminate the Site’s activity.
- Israel Distilling may, at its sole discretion, prevent Site access and use, or the performance of actions, if the User used the Site inappropriately or in violation of the Terms and Conditions’ provisions or unlawfully, or if a User attempts to interfere with the Site’s normal operations.
- If, after subscription, the User will decide that he is no longer interested in being included in the Newsletter mailing list, he must remove his name from the newsletter as detailed in the e-mail he received, or by direct contact with the Israel Distilling’s customer service, which contact details are detailed below. Note that you are removing yourself from all Newsletter lists you are not interested in being included in.
- For any question or query regarding to the products’ shipping or quality, you may contact Israel Distilling’s visitor center by e-mail happiness@thinkersdistillery.com, or by telephone 02-5803738.
- The Section titles are for convenience only and shall not be weighed when construing the Terms and Conditions.
- The Terms and Conditions use masculine inflection, and all its contents refer to men and women at once, and to singular and plural at once.
Site use
- Engaging in any transaction through the Site is only permitted to persons of 18 years of age and above.
It shall be emphasized – selling or supplying intoxicating drinks to persons under 18 years of age is forbidden by law and constitutes a criminal offense! In case you and/or the recipients to whom the Products are ordered are not above 18 years of age, you must avoid using the Site and ordering from it.
- Israel Distilling may request the presentation of an ID of the delivery’s recipient, to certify that he is an adult, and to refuse to make the delivery insofar as the recipient is not an adult. In case no ID will be presented, Israel Distilling may terminate the transaction and the User shall have no claim, demand, or suit towards Israel Distilling in this regard.
- Upon ordering and purchasing the Products, the User shall be presented with a notice referring to these Terms and Conditions and Israel Distilling’s Privacy Policy, as per Appendix A to these Terms and Conditions. Upon performing the Order, the User agrees to these Terms and Conditions, declares, and confirms that he read them carefully, that he fulfills them, and is aware and consents to them entirely, and that he will have no claim or complaint regarding them towards Israel Distilling or nay on its behalf. Insofar as you do not fulfill these Terms and Conditions or do not agree with said Terms and Conditions, in whole or in part, you are requested not to use the Site.
- Israel Distilling’s computer records regarding Site use and actions performed through it, shall serve as evidence to their contents.
- The User declares that he shall not use the Site or its contents for commercial or other purposes without Israel Distilling’s prior written consent.
- Registration to the Customer Club is limited to a single account per user. Israel Distilling may remove or suspend duplicate accounts.
- The User shall avoid any harm to Israel Distilling’s reputation, including using this Site in a manner which will harm Israel Distilling’s reputation.
- Israel Distilling may, at its sole discretion, change the list of products offered on the Site, as well as the Site’s structure, without prior notice.
- Israel Distilling reserves the right to offer time-limited sales or benefits, at its sole discretion.
Customer Club
- The terms and conditions to joining the Customer Club are as per Appendix B to these Terms and Conditions.
Purchasing through the Site
- It is hereby clarified that the images in the Site are for demonstrative purposes only, and do not obligate Israel Distilling. Israel Distilling shall strive to have the images properly reflect the products offer for sale.
- The prices on the Site, including shipping fees lawfully include VAT, unless specified otherwise.
- The Product and delivery prices noted on the Site are subject to change, and Israel Distilling reserves the right to change them from time to time without prior notice. The price the User shall be charged with is the price noted on the Site upon the full completion of the order, and after the provision of payment details and order confirmation.
- Israel Distilling may update the products’ prices and shipping rates, as well as terminate, change, or replace sales, benefits, and discounts, without prior notice.
- Israel Distilling has carefully examined the Product prices appearing on the Site, but errors may occur, leading to an erroneous price being presented on the site. In this case, we shall contact you after you performed your order, notify you of the Product’s correct price, and permit you to confirm that you wish to purchase it at the correct price. If you will refuse to purchase the Product at its correct price – we shall not be obligated to provide it to you, and, in this case, you shall have no claims whatsoever against Israel Distilling.
- Israel Distilling does not undertake that the Product prices on the Site will be, necessarily, the cheapest, or that the payment conditions will be the most convenient.
- Purchase from the site will be performed by an order form, in which the User will have to choose the products he wishes to purchase.
- Upon ordering products, the User must fill basic data into the form, inter alia: name, e-mail, credit card details, delivery address, and more.
The responsibility to correctly fill the details is solely that of the User. In case the details will not be correctly filled, Israel Distilling will be unable to guarantee the order’s completion. Insofar as a user will deliberately fill false details, he shall be exposed to all related legal implications. The information supplied upon joining the Site’s Customer Club shall serve to send advertising and marketing e-mail and adding the User to the Newsletter, subject to the User’s approval of this upon joining.
- Upon performing the order by the User, Israel Distilling shall verify the credit card details, and, upon their approval by the credit company, the Order shall be approved, and the User shall be notified of this by a message to the address provided to the Site. Insofar as the transaction will not be approved by the credit company, the User shall be notified, and he shall be required to provide another means of payment, and this until said other card’s approval by the credit company.
Delivery dates shall be calculated from the date of the transaction’s approval by the credit company or another payment service (insofar as possible).
- Despite what the Site shows upon order, the order’s actual performance of the order is conditioned on the Product existing in Israel Distilling’s inventory at that time. Israel Distilling emphasizes and clarified that there may be cases in which, despite a Product appearing on the Site as in-stock, it may be absent from the actual inventory, and thus impossible to supply. Insofar as a product has run out from the inventory, or insofar as there is any difficulty to supply it from any reason whatsoever, Israel Distilling will inform the User about it, and either Israel Distilling or the User may announce the order’s termination, by e-mail or telephone call. The User shall have no claim, demand, or suit towards Israel Distilling in this regard. Israel Distilling shall refund the User for any product ordered and paid, but not delivered, due to the circumstances listed in this Clause.
- Upon completing said order, Israel Distilling shall notify the User by e-mail or text message or telephone call (at its discretion), that the order details were accepted into tIsrael Distilling’s systems (hereinafter: “Receiving an Order Confirmation”). It is clarified that Receiving an Order Confirmation serves as confirmation that the order details were received by Israel Distilling’s systems as noted above but Receiving an Order Confirmation does not obligate Israel Distilling to supply the Products. It is clarified that insofar as the Products will not be provided and the User’s credit card was charged, the User shall be refunded for the unsupplied products.
- Israel Distilling may provide the User with a benefit coupon, at a sum determined by Israel Distilling, and for use within the determined time period, all at tIsrael Distilling’s sole discretion. The coupon may refer top a certain group of Products, and not to all Products offered by the Sire, at Israel Distilling’s sole discretion. It is clarified that the coupon is personal and non-transferrable. It is further clarified that only one coupon may be utilized in each purchase transaction.
Delivery and Supply
- Upon ordering the products, the User shall choose the delivery address from the “Distribution Area List” on the Site. Supplying Products purchased from the Site is only possible insofar as the requested address is within the distribution area, and insofar as there is no technical, security, or other issue preventing their delivery.
- Insofar as the Order was performed up to 15:00 in a business day, the ordered shall be performed within 2 business days. Orders performed after 15:00 shall be processed on the next business day.
- Supplying the Products to the order’s delivery address entails a payment collected upon ordering from the Site. In a payment by installments, the delivery fee may be collected in the first installment. The User confirms and is aware that the supply of Products to the order delivery address shall be performed by a delivery company chosen by Israel Distilling. The delivery fee shall appear at the end of the order and purchase process on the site and shall be collected upon the order’s performance.
- It is, accordingly, clarified that the supply times may change, and the User declares that Israel Distilling is not liable to a delay in Product delivery. Considering the above, the User declares and confirms that he is aware that:
- The delivery of Products by the delivery company shall be performed per the delivery company’s timetable, in coordination with the delivery company, and any delay in the Products’ supply is at the delivery’s company’s sole responsibility. Israel Distilling shall not bear any responsibility for the delivery to supply due to the following circumstances:
- “Force Majeure” – inert alia war, enemy actions, natural disasters, pandemic, emergencies, or events not under Israel Distilling’s responsibility, inter alia including strikes and lockouts.
- The provision of erroneous, inaccurate, or incomplete details by the User. It is hereby clarified, that, if upon performing the order, the User will provide erroneous details, Israel Distilling cannot guarantee the Products will reach their destination. In said case if the Products will be returned to Israel Distilling due to erroneous details, the User shall be charged for shipping and handling.
- Despite any other provision in these Terms and Conditions, no Products shall be supplied on Fridays, Saturdays, memorial days, holiday eves, and holidays.
- The delivery of Products by the delivery company shall be performed per the delivery company’s timetable, in coordination with the delivery company, and any delay in the Products’ supply is at the delivery’s company’s sole responsibility. Israel Distilling shall not bear any responsibility for the delivery to supply due to the following circumstances:
- In case a User will not be present upon the delivery to the Order Delivery Address, the Products shall be returned to Israel Distilling, and an alternative delivery date shall be coordinated with the User. The above shall not apply in case the User will note in the order that he agrees that the products will be left next to the door, or for another person on his behalf, whose name is noted in the order. The sole liability resulting from leaving Products next to the door or with another person on the User’s behalf, as noted above, shall be that of the User.
Cancellations and Product Return
- The return and cancellation policy shall be as detailed in Appendix C to these Terms and Conditions.
Intellectual Property
- All Israel Distilling’s intellectual property rights, inter alia its name, the Site’s domain name: thinkersdistillery.com, the trademarks, registered or unregistered, the logo, advertising, any information or presentation on the site, patents, patterns, methods, trade secrets, the Site’s graphical design, databases, Product details, the Site’s computer code, and any detail related to its operation, are Israel Distilling’s exclusive property, and shall not be used without Israel Distilling’s prior written consent.
- The Site may only be used lawfully. One may not copy, publish, distribute, duplicate, translate, sell, or market (and may not permit others to do so) any information from the Site without Israel Distilling’s explicit prior written consent. It shall be clarified and emphasized that the above also refers to publishing or using any of the above as part of another web site, or collecting, by programs or other, and distribution of data from the site, commercially or privately.
- You may not show the Site as part of a Frame, visible or concealed, and any of its sub-pages, other than the homepage alone, may be linked to.
Liability and Indemnification
- The use of the Site and its contents are at the User’s sole responsibility. No claim of any type whatsoever shall be raised against Israel Distilling or any on its behalf due to any loss or damage resulting from relying on the Site’s information or using it.
- The Site’s service and its contents are supplied AS IS, and Israel Distilling does not intend, and is unable to, adapt them to each User’s needs. The User may have no, and he waives, any claim, suit, or demand regarding the service or its contents, limitations, or adaptation to his needs and demands.
- Insofar as you will use the Site against these Terms and Conditions, Israel Distilling shall bear no responsibility and shall bear no damage caused to you or a third party due to the use.
- In case of the violation of these Terms and Conditions by the User, he agrees to indemnify Israel Distilling, its managers, employees, or any on its behalf against any damage, loss, payment, loss of profit, or expense caused to Israel Distilling due to said violation. Additionally, the User shall indemnify Israel Distilling, its managers, employees, or any on its behalf against any claim, suit, or demand against them by a third party due to use contrary to these Terms and Conditions,
- Israel Distilling shall bear no responsibility for the Site’s contents or relying on them, and a User wishing to rely on the Site’s contents or use them, must verify this information prior to using the Site.
- Israel Distilling is not responsible for content published on links appearing on the Site, insofar as they will appear, which lead to other sites (whether active or not).
- Israel Distilling does not undertake that the use of the Site and all services or contents will be continuous, and that no malfunctions, stoppages, or failures shall occur. Israel Distilling shall not be responsible, in any manner whatsoever, for malfunctions or failures of the Internet or communication lines permitting access to it – regardless of said malfunction’s, stoppage’s, or failure’s cause.
- In any case whatsoever, Israel Distilling shall not be held responsible for any liability beyond the value of products purchased by the User and shall not bear any indirect or consequential damage.
Miscellanea
- Israel Distilling may, at any time and without prior notice, change or update these Terms and Conditions. The Terms and Conditions, as appearing on the Site, are the obligating form.
- The absence of enforcement, or a delay in enforcement, of Israel Distilling’s right as arising from any provision in these Terms and Conditions, shall not waive any further enforcement of this provision, or another provision. If, for any reason, an authorized Court will decide that any provision in these Terms and Conditions is invalid or unenforceable, this provision shall be enforced to the permitted extent, and the other provisions in these Terms and Conditions shall remain valid.
- These Terms and Conditions, and any related dispute, shall be construed per the laws of the State of Israel, and the unique and exclusive jurisdiction to deliberate any dispute arising or related to these Terms and Conditions, shall be granted, as relevant, to the authorized Court in Tel Aviv – Jaffa. No authority shall be granted to another Court of law to do so.
Appendix A
Privacy Policy
K.I. The Israel Distilling Company, Ltd. (“Israel Distilling” or “We”) are required to protect the Site Users’ (“User(s)” or “You”) privacy. This Policy (the “Privacy Policy”) was formulated to inform you about the way we manage, collect, store, and use the information you provide us with through the Israel Distilleries’ Site (the “Site”). Additionally, the following Privacy Policy described the means we partake to protect the safety of information collected by us, and the manner in which you may contact us regarding our privacy procedures.
Please note that this Privacy Policy’s scope is only limited to information collected by us due to your use of our Site (whether the Site and its services were accessed, inter alia, by a desktop computer, laptop computer, mobile telephone, or any other electronic device). By using our Site, you consent with our Privacy Policy.
Israel Distilleries markets alcoholic drinks and permits, through its web Site, the online purchase of alcoholic drinks and further, complimentary services (the “Site’s Services”).
When using our Site, we may collect from you two types of information about you in the Site’s use context:
“Personal Information” – means information about you which may be used to contact or identify you. Some of the information identify you personally, such as your full name, e-mail, telephone number, your query’s subject, and contents, etc. This is the information you provide explicitly, with your consent, to receive information and services presented on our Site.
“Non-Personal Information” – means pure information, which may not serve to identify or contact you. This is cumulative statistical information. For example, the pages you viewed, the Site’s offers and services you were interested in, etc. We may collect non-personal information and use it for any purpose by any of the above methods, as well as automatically or otherwise, by your use of the site.
You are not required by law to provide us with the following personal information details, but to best use the Site’s services, you are required to share the following personal details with Israel Distilleries. In case you will refuse to disclose some of your personal information, you may be unable to use the Site’s services, or you may only be able to use it partially.
How do we collect your information?
We collect personal and non-personal information from you, inter alia, by the following methods:
- Contact Us: in case you wish to contact us, you may do so through a contact form on the Site. Towards this end, we will collect your full name, e-mail address, electronic mail address, telephone number, and message contents.
- Purchase through the Site: in case you wish to purchase Products from the Site, we will collect information regarding your payment details, through an external contractor who will securely collect these details, using the accepted high security standard.
- Updates and Benefits: in case you wish to subscribe to updates and benefits, you may do so by subscribing to the site. Towards this end, we will collect your electronic mail address and your full name.
How do we use your details?
We use the details collected from you as follows:
- Providing Site services: we may use personal and non-personal information to provide you with Site services, that is, provide you with information about us, permit you to browse our Product catalogue and perform purchases through the Site, and to manage, support, solve technical issues, protect, and improve the Site’s services, ensure proper service operations, and contact you.
- Sending messages: We may use your personal information to send you notices related to the Site’s services, and, subject to your consent, provide instructions of help related to Site services and/or your use of it. Furthermore, we will use your personal information to send messages and updates regarding the activity of Israel Distilleries. If, at any case, you will prefer to remove yourself from the mailing list, to avoid receiving said messages in the future, you may do so at any time through the Site, and, furthermore, by the instructions provided in this regard at the bottom of each message.
- Accumulation of anonymous information: Insofar as permitted by the applicable law, we may accumulate the various data types we collect from you, together with other data types we collect from you and from our other customers and business partners. This collection shall be performed anonymously and cumulatively, in a manner which does not identify you personally, including by transferring hashed information, anonymous information, statistics, or other cumulative information, only to improve our Products and Services. If non-personal information is collected for a purpose requiring also personal information, we may add your non-personal information to your personal information, attempting to provide you with a better user experience, improve the value and quality of Site services, and analyze how this site is used.
Disclosing your personal information
You understand and agree that we may be required to disclose personal information, if required to do so by law, or if we will be convinced that said disclosure is reasonably required to avoid our legal liability, to comply with legal proceedings, including, inter alia, summons, search warrants, or court orders, or to protect our property and rights or those of a third party, protect the safety of the public or of any person, or prevent or stop any activity found to be unlawful, unethical, or exposed to litigation, or where a risk exists that it is so.
In all regarding the Site’s services, such as purchasing Products through the Site, we shall transfer your personal information to the relevant third parties per your purchases. Other than as noted in this Privacy Policy, the personal information you provide will not be disclosed, rented, lent, leased, sold, or distributed to third parties (other than business parties and/or other parties detailed in this Privacy Policy), and we will not share your private information with third parties for marketing purposes without your consent, other than as detailed in this Privacy Policy’s provisions. We may hire companies and individuals who are third parties to assist in performing the Site’s services (e.g., inter alia, maintenance services, clearing, database management, site analysis, and service improvement), or to assist us in analyzing the Site’s use. These third parties or agents may use your personal information only insofar as required to perform the services they provide us with, and they are required to partake reasonable protective measures to secure your personal information and hold it confidential.
Protecting Your Information
Israel Distilleries utilize information protection methods to protect your personal information. To reduce the risk of unauthorized access or transfer, and for accurate data management, and ensuring proper use of personal information, we utilize appropriate physical, electronic, and administrative methods to safeguard and protect the information we process. In case of negligent transfer, we will partake commercially reasonable steps to limit and remedy the transfer. However, we cannot guarantee that unauthorized third parties will never be able to circumvent these procedures and use economic or personal information for inappropriate purposes.
Use of Cookies
We use Cookies to regularly operate the Site, including to collect statistical data on Site usage, information verification, adapting the Site to your personal preferences, and for information security purposes. Modern web browsers include an option to avoid receiving Cookies. If you do not know how to do so, please refer to your browser’s help file.
Third Party Materials
You may be able to enter, check, or use third party services, resources, contents, information, or links, to other sites and resources (“Third Party Materials”) through the Site. The Third Party Materials are not controlled by Israel Distilleries, and you confirm that you are solely responsible for the risks entailed by entering, using, or relying on said third party materials. Israel Distilleries will not bear any liability caused to use by entering, using, or relying on third party materials through the site. Note that this Privacy Policy does not cover the privacy and information protection procedures implemented by said third parties, and thus we recommend that you read the third party privacy policy to which you gain access, prior to providing personal information.
Information Review Right
In case you will wish to review your personal information in our possession and review other details pertaining to your personal information in our possession, you may contact us at Agrippas 88, Jerusalem.
Amending your Information
We will retain your personal information while your account is active, or as needed, to provide you with our services, or as required to fulfill our legal obligations, resolve disputes, and enforce our agreements. In case you will want to amend your information in our records, please contact us by telephone no. 02-5803738 or by e-mail: happiness@thinkersdistillery.com, and we will attempt to fulfill your request.
Minors’ Privacy
Israel Distilleries are required to protect the privacy needs of children, and we recommend parents and guardians to actively be involved in their children’s online activities and interests. We do not intentionally collect information from children under the age of 18 without the consent of a parent or guardian to use the Site’s services.
Changes to the Privacy Policy
We retain the right to amend this Privacy Policy from time to time. The newest version of this Policy prevails regarding the use of your personal and non-personal information. In case we, at our sole discretion, will decide that changes in the privacy policy constitute a significant change, we will inform you of said changes by notice published through the Site. Despite the above, we do not undertake to inform users of insignificant changes in this policy, and thus the users should, from time to time, visit this page to review the up-to-date privacy policy to which they are subjected.
Contacting Us
If you have questions or concerns regarding this privacy policy or any other matter pertaining to the Site’s services, please contact us by telephone no. 02-5803738 or by e-mail: happiness@thinkersdistillery.com.
Last updated: January 2022.
Appendix B
Customers’ Club – Terms and Conditions
General
- These terms and conditions regulate the conditions per which the “THINKERS CIRCLE” customers’ club is managed (hereinafter: the “Club”). The Club is the customers’ club of K.I. The Israel Distilling Company, Ltd., Company No. 515851848 (hereinafter: “Israel Distilling”) and is managed by it.
- Israel Distilling retains the right to terminate and/or change the conditions and/or the course of Club membership and/or of joining it, including the projects and/or services offered to Club customers and/or to part of them (and including terminating the Club’s activity), at its sole disclosure.
- Without abrogating from these Terms and Conditions’ entire contents, Israel Distilling may change, from time to time, these Terms and Conditions, at its sole discretion and without prior knowledge. From the Terms and Conditions change date, the new form will also obligate those Club members who joined the Club prior to their change. The prevailing Terms and Conditions are those retained at tIsrael Distilling’s offices, and it alone.
- In case of contradiction and/or mismatch of any type whatsoever between these Terms and Conditions (including changes done to it, or other Terms and Conditions amended as above) and any publication, the Terms and Conditions shall prevail.
Club Application and Membership
- A legally competent Israeli resident aged 18 or above, who filled a Club application form, and who fulfilled the Clubs conditions as per these Terms and Conditions may become its member (hereinafter: a “Club Member”).
- Upon joining the Club, the Club Member accepts these Terms and Conditions, including any amendments made from time to time, per Israel Distilling’s sole discretion. A Club Member shall have no claim and/or demand regarding these Terms and Conditions and/or amendments.
- Israel Distilling may refuse a customer’s application to become a Club Member for any reason and at its sole discretion, without being required to provide a rationale for its refusal.
- Application to the Club shall be performed by contacting Israel Distilling’s branch as Agrippas 88, Jerusalem, or by telephone (or, insofar as Israel Distilling shall elect to do, through an application form in Israel Distilling’s web page). The customer shall fill his personal details in the application form, as directed by that form, as issued by Israel Distilling from time to time.
- Application to the Club is without cost.
- It is hereby clarified that Israel Distilling may terminate the application and/or membership of a Club Member, for any reason and at its sole discretion, without being required to provide a rationale for its refusal.
- Application to the Club constitutes the applicant’s consent to be included in the database established and managed by Israel Distilling or any on its behalf.
- As part of applying to the Club, the customer may provide details requested by the Club application form, as they will exist from time to time. For the sake of prudence, it is clarified that the customer is not required to disclose said details.
To remove any doubt, it is hereby clarified that upon his application to the Club, the Club Member agreed that Israel Distilling will offer to the Club Member, from time to time, various products or services, as well as use the information for marketing, direct mailing, including by mail and/or electronic mail and/or by SMS messages, whether by the company or any on its behalf, including after data segmentation, typification, and analysis, all as per the Privacy Protection Law – 5741 – 1981 and/or any law.
- Israel Distilling may also, at its discretion and per any law, improve data held regarding a Club Member in other customer clubs (such as adding and amending the Club Member’s contact details and his ID number), perform segmentation, typification, statistical reports, and cumulative reports based on this information and other information held regarding the Club Member in other customer clubs, for Israel Distilling’s needs.
- Israel Distilling may segment the Club Members and/or divide them into groups per purchasing habits, to personalize mailed material and/or offers per data found relevant by Israel Distilling.
- The above constitutes a Notification per Clause 11 of the Privacy Protection Law – 5741 – 1981.
- Any Club Member may request, in writing, that Israel Distilling permit him to review existing information, and amend it as needed. Furthermore, the Club Member may request that Israel Distilling remove his name from the Club’s and/or Israel Distilling’s mailing list. Israel Distilling will do so at the Club Member’s request, sent to Israel Distilling in writing, within 30 days of receiving the request at Israel Distilling’s offices.
- It shall be clarified that the responsibility for filling the Club Member’s details in the application form is that of the Club Member alone; and he waives any claim towards Israel Distilling and/or any on its behalf regarding benefits withheld from him, inter alia, due to erroneous details he filled in the application form.
Membership Stages – Accumulation and Usage of “Credit Points”
- In this Section:
- “Crediting Purchase” means a direct purchase from Israel Distilling in cash, credit card, or cheque only (insofar as Israel Distilling’s policy will permit purchase by cash or cheques). For the sake of prudence, it shall be clarified that purchase by coupons, gift cards, chargeable cards (disposable or reusable), “Gift Card” cards, etc., shall not be considered a Crediting Purchase.
- “Credit Points” mean the points the Club Member will gain for a Crediting Purchase, as detailed in this Section below.
- “Experiences” mean workshops, tours, bar products by Cocktail Kingdom, a mixologist for Israel Distilling visiting the customer’s residence to prepare drinks, per Israel Distilling’s products.
- The “Prevailing Date” is the date when the Club Member joined the Customer Club.,
- “Emergency Delivery” is a delivery sent to the customer’s residence by a taxi.
- A Club Member who performed a Crediting Purchase beginning from the Prevailing Date, shall accumulate Credit Points, which will provide the Club Member with gift coupons, for purchasing Experiences, as detailed below.
- Each Crediting Purchase shall provide the Club Member with Credit Points in the following stages:
- First Stage – Silver Membership: with the Club Member’s joining, in addition of the Application Benefit as per Clause 30 below, the Club Member shall gain Credit Points at the rate of 7% of the purchase cost.
- Second Stage – Gold Membership: after making cumulative Crediting Purchases or 1,000 NIS by the Club Member within 12 months, he will begin accumulating in each future purchase Credit Points at a rate of 8% of the Purchase Cost.
- Third Stage – Platinum Membership: after cumulative Crediting Purchases of 3,000 NIS by the Club Member within 12 months, he shall begin accumulating, in each future Crediting Purchase, Credit Points at a rate of 10% of the total purchase cost; he shall be eligible for one free Emergency Delivery per calendar year with the purchase of Israel Distilling products.
- Fourth stage – Life Membership: after a cumulative Crediting Purchases of 6,000 NIS by a Club Member within 12 months, he shall accumulate, in each future purchase, Credit Points at a rate of 12% of the purchase value; furthermore, he shall be eligible for the following benefits:
- 3 free Emergency Shipments per calendar year with purchase of Israel Distilling products.
- Preparation of drinks by a mixologist from Israel Distilling in an event of up to 10 persons at the customer’s residence.
- A Club Member may realize the Credit Points he accumulated for Experiences (hereinafter: “Points Realization”), per the up-to-date Israel Distilling’s experience list at the Point Realization date.
- Upon realizing the Credit Points, Israel Distilling will donate a sum reflecting 10% of the realized Points value, in New Israeli Shekels, to ALN, Disabled Children’s Assistance Association (Registered Non-Profit – no. 580054211).
- Both the Credit Points and the Experiences are personal and non-transferrable.
- The Credit Points may not be converted into cash.
- Accumulating Credit Points shall be permitted only with cash, check, or credit payment. Any other means of payment, inter alia refunds and/or gift coupons and/or purchase coupons, etc., shall not grant the Club Member with Credit Points.
- No retroactive benefits will be provided for purchases made prior to joining the Club.
- Israel Distilling may change, from time to time, the number of Credit Points given to a Club Member for each purchase (increase or decrease), at its sole discretion, including as part of various deals and benefits.
- It is clarified that Club Members will accumulate Credit Points based on the actual Crediting Purchase payment. Israel Distilling retains the right to cancel double discounts and the accumulation of Credit Points for purchases as part of deals and/or at a season’s end. Also, Israel Distilling may decide that it will be impossible to pay by a gift coupon provided for converting Credit Points at certain times or regarding certain Products, or regarding certain deals.
- With the termination of a Club Member’s membership in the Customer Club, for any reason whatsoever, the Credit Points he accumulated for his benefit, if any, shall be null and void, without Israel Distilling having to inform of this, and may not be used in any way whatsoever. Furthermore, Israel Distilling may void the accumulation of Points, in whole or in part (at its sole discretion), in any case Israel Distilling will be in the opinion that the accumulation of said points was contrary to the provisions of these Terms and Conditions and/or against the provisions of any law and/or by unfair use of Club Membership.
Further Benefits
- Any new customer who joined the Customer Club may choose, upon signing the Club application form and subject to Israel Distilling’s approval of said application, one of the following benefits:
- A couple’s tour of Israel Distilling (valued at 150 NIS).
- A first free shipment (valued at 30 NIS) upon the first order.
(Together, below: the “Application Benefit”).
- The Club Member shall be eligible for a birthday benefit at tIsrael Distilling’s discretion.
- The Club Members shall be eligible. Subject to these Terms and Conditions, to realize the benefits they gain at all Israel Distilling branches, unless noted otherwise by Israel Distilling in these Terms and Conditions or in any other publication by Israel Distilling, in any manner whatsoever, from time to time. To remove any doubt, it is hereby clarified that Israel Distilling shall be entitled to decide, at its sole discretion, that the Benefits cannot be realized in certain chain branches.
- It is clarified that Club Members shall not be eligible to a further discount in case of deals which are not unique to Club Members (there are no double deals), other when Israel Distilling will explicitly decide otherwise, at its sole discretion.
- Despite these Terms and Conditions’ entire contents, it is clarified that benefits arising from Club membership shall be valid per advertising referring to any deal and/or subject to the deal’s terms and conditions. It is further clarified that Israel Distilling may, from time to time, change the benefits, including cancelling them, all at its sole discretion and with no prior notice.
Membership Card
- A Club Member who filled his details as above shall receive an electronic membership card, including a member’s number, which shall be retained in Israel Distilling’s computers.
Miscellanea
- For the sake of prudence and despite any other provision in these Terms and Conditions, it is clarified that Club Members may not pay by vouchers, coupons, gift cards, rechargeable cards (inter alia, “Gift Card”, Hever cards, Police Fund cards, Teachers’ Organization cards, Teacher’s Union cards, and Electric Company cards), disposable or reusable, and any similar card or coupon, for purchasing products at prices intended to Club Members or as part of deals intended for club members; and that the sale prices in such a case shall be the business’ regular prices (intended for customers who are not Club Members).
- Any action by the Club or Israel Distilling for the Customer’s benefit contrary to these Terms and Conditions shall be discretionary only and shall not be construed as a waiver of these Terms and Conditions.
- The provision of benefits is subject to normal activity of Israel Distilling’s computer and operational systems. In case of malfunctions, whether temporary or continuous, which will prevent the provision of benefits to Club Members, Israel Distilling shall act to remedy these malfunctions as soon as possible, and the Club Members shall have no claims and/or demands in this regard, including regarding the non-provision of benefits in the malfunction period and their handling.
- These Terms and Conditions were written, for convenience’s sake, in masculine inflection. Its content apply only in feminine infection.
K. I. The Israel Distilling Company, Ltd.
Appendix C
Return/Cancellation Policy
- The Site’s management acts per the Consumer Protection Law, 5741 – 1981, in all regarding the cancellation of a remote sale transaction and product return.
- The User may cancel or amend the order by referring to Israel Distilling’s visitor center (as detailed below) prior to the order’s shipping, to the Order Shipping Address.
- The Purchaser must examine the delivery’s contents upon its reception and compare it both to the order and the invoice sent to him upon purchase.
- Insofar as the order was received at the Order Delivery Address:
- Subject to Clause 4.2 below, the Purchaser may cancel the order within 14 business days from its performance, subject to the return of the Products, sealed and in their original packaging, which was neither opened nor damaged, and where no use was made of them and no damage was caused to them, as well as subject to presenting an invoice attesting to the order’s performance or another proof of the transaction’s performance, its date, the sum paid for it, and the payment method.
- The Product shall be returned by contacting Israel Distilling customer service by telephone no. 02-5803738. You must attach the original order invoice to the Product. No product shall be returned without presenting an original order invoice.
- A Product purchased as a package (if it is considered a returnable Product per Clause 4.1 above), shall be returned as a package, and no individual products from said package shall be returned.
- Israel Distilling may void a purchase contract between the Purchaser and Israel Distilling, by notification to the Purchaser, due to a typing error or another technical error.
- If a transaction was voided as above, Israel Distilling shall credit the User for any ordered Product which was ordered and paid for, and which order was voided. No monetary refund shall be provided for products for which no monetary consideration was paid.
- If a transaction was voided as above, Israel Distilling shall not be liable and shall not bear any damage, inter alia, direct, indirect, consequential, or special caused to the User or a third party.
- Without abrogating from these Terms and Conditions, Israel Distilling may, at any time, terminate the activity on the Site or void a purchase transaction performed by a User, for any reason whatsoever, inter alia, in one of the following cases:
- The Products are out of stock.
- The User’s full details were not received, including credit card details, inter alia due to computer, telephone system, or other telecommunication malfunctions when completing the purchase process.
- The User has inputted (knowingly or unknowingly) incorrect details (inter alia, an erroneous delivery address), and may not be contacted by telephone or e-mail to receive a correct address within 7 days of performing the order.
- The User acted in violation of these Terms and Conditions or unlawfully or contrary to the provisions of any law.
- The User tries, or tried, to sabotage the Site’s activity and its order performance.
- If the User’s credit card was blocked or limited for use in any way whatsoever.
- Due to a war, enemy action, military reserve mobilization, natural disasters, emergencies, pandemics, strike, or lockout, or any other event which is not under Israel Distilling’s control, inter alia, a malfunction in the computer or telephone systems or any other telecommunication system.
For any question or problem, we are available by telephone no. 02-5803738, or by e-mail happiness@thinkersdistillery.com.
* The above is written in masculine inflection, but refers to both sexes.