Legal policy and general conditions of use

TERMS OF USE

Last updated June 15, 2020

PURCHASE TERMS AND CONDITIONS:

This document establishes the terms and conditions governing the purchase of products through this website (hereinafter “Purchase Terms and Conditions”), the contents of our “Legal Notice – General Terms of Use” and our “Privacy Policy” being also applicable. Please consult these before using this website or placing an order through it. If you do not agree with their content, you should not use this website.

If you have any questions related to these Purchase Terms and Conditions, please contact us through the telephone numbers and email addresses stated in this website’s contact us section.

GENERAL INFORMATION

Limited Editions:

Most our products are in limited edition. Check the item’s description to see if it is in a limited series. Items which are not limited editions will not be described as such in the information about the product.

ONLINE SHOPPING

Worldwide delivery:

We sell and ship directly to worldwide locations apart for countries we have no diplomatic relations with or postal services to which we cannot ship directly. In these cases, please contact us and we will try to find an alternative way to ship to you.

Shipping addresses:

We ship to physical address only (not P.O Box). Most of the times by door to door courier service. We can ship gifts to an alternative address if requested.

Shipping costs:

Shipping costs are 7% from the total purchase amount but no less than a minimum of $50 US.

Processing and Delivery times:

Processing times take approx. 5 working days. Delivery times of medium to large items to European and American locations are approximately 10 business days, not including custom delay, unforeseen circumstances etc. Other location might be somewhat longer. Smaller items might be sent with slower courier services. If you need to have it delivered faster please contacts us to let us know and we will the effort to ship it faster or discuss alternative shipping methods.

Payment methods:

We accept Visa, MasterCard, American Express, and bank wire transfers. If paid by bank transfers, bank fees will be paid by the customer on both ends of the wire. You can also call us and we will charge you by phone.

Name on Invoice:

An invoice can be issued to private names or companies. If a business, please provide the name and tax number of your company during the purchasing process.

Sales to Russia/ The Ukraine and some Central Asian countries:

Due to curtain country policies, we cannot make express door to door services from this website to certain addresses. If you are interested in purchasing our products please contact us at [email protected] and we will discuss alternative shipping options.

VAT, Taxes, Duties and custom fees:

If we ship to you abroad (We export and you import) then Israeli VAT does not apply to your order.

Please note, international packages may be subjected to duties and taxes which you may have to pay. These are your countries customs local fees. Please check your local customs website for more information. We are not responsible for any customs charges in your country and our shipping fees do not cover it (our shipping fees cover the Israeli export fees and the courier fees).

If you are an Israeli citizen but ship the items abroad, Israeli taxes will not be added. However, custom taxes at the destination country may apply to you as described above and are not covered by us.

If your order is made within Israel and delivered in Israel or taken, 17% VAT will be added to your purchase. If you are a non-Israeli citizen, and you take the item physically from the gallery you have to pay Israeli VAT and then you can get a refund at the airport when leaving Israel following the requested procedure at airports and ports.

Return an order:

If you wish to return an order, please notify us at [email protected] within a period of 14 days from receiving your order. We will inform you of the steps to take. Shipping costs for returning an order will be paid by you, provided that the product arrived in perfect condition and arrived safely.

Cancel an order:

You can cancel an order if it has not already been shipped from our gallery, by sending an email to [email protected] If the order has already been shipped, then you must follow the steps detailed above for returning an order. If the item was not in stock and you requested and approved for it to be made especially for you, you cannot cancel the order.

Damaged on arrival:

We accept returns of products that have been damaged during shipping. You must notify us within 24 hours of receiving the order to [email protected] We will inform you of the steps to follow. Because of the handmade process of each sculpture, small differences in texture or form between one piece and another in the same model are not considered to be defects.

Purchaser: The user who enters his/her personal data in the purchase form, previously accepting these Purchasing Terms and Conditions and the Privacy Policy (hereinafter “you”, “user” or “Purchaser”).

Execution of the Sale and Purchase

Placing an order through our website implies the Purchaser’s acceptance of these Purchase Terms and Conditions and of the Privacy Policy included in this website.

The agreement may be entered into, at the Purchaser’s choice, in any of the languages in which these Purchasing Terms and Conditions are available on this website.

Orders placed by the Purchaser will be subject to acceptance by the Seller. In the case of non-confirmation of the order the purchaser will be contacted via electronic mail and will be refunded according to our refund terms.

Obligations of the Purchaser

The Purchaser must be of legal age and have the legal capacity to enter into agreements.

The Purchaser must use this website only to make legally valid queries, requests or orders.

The Purchaser must provide his/her email address, postal address and/or other contact details as requested, which must be true and accurate, and consents that the Seller be allowed to make use of this data when necessary as provided in the Privacy Policy included on this website.

The Purchaser shall pay the agreed purchase price by using any of the forms provided in this website.

Obligations of the Seller

The Seller’s main obligation is to deliver the products requested by the Purchaser through the order placed online and accepted by the Seller, considering the terms and conditions set out below:

All orders are subject to availability of the requested products. If the product you have selected is not available, we will notify you as soon as possible and the payment made will be refunded.

Orders will be deemed delivered when the Purchaser, or a third party in its name, acquires material possession of the products, which will be evidenced by the signed receipt of the order at the agreed delivery address.

If neither you nor another person in your name will be at the place of delivery at the agreed time, please contact us and Courier Company at a reasonable time in advance to arrange the delivery on another day. If we cannot deliver your order because there is no one to receive it at your address, we will try to contact you to find an alternative date or place.  If we cannot contact you or if we do not find a valid alternative, your order will be returned you will be responsible for the shipping fees.

In the event that fifteen (15) days have elapsed since the first date on which the courier tried to deliver your order without the order having been delivered any reason non-attributable to FRANK MEISLER, we will consider the sale and purchase agreement terminated and we will refund, within a maximum period of ten (15) days from the date on which we deem the agreement to be terminated, all amounts received from you after discounting the shipping costs and the cost of returning the product to our warehouse, in addition to any taxes or duties that we have had to pay in relation to the shipment.

FRANK MEISLER will not be liable for any breach or delay in fulfilling any of its obligations if this is due to events beyond its reasonable control like custom and the couriers’ delays.

Price and shipping expenses

The price of our products, plus VAT -if applicable- and the shipping costs, will appear on the screen while you are placing the order and before you confirm it; they will correspond to the country that you have selected as destination of the goods. Should you change the country of destination, prices and shipping costs may also be modified.

FRANK MEISLER may change the price of the products and the shipping costs at any time without prior notice, however, FRANK MEISLER will always apply the price in force at the time of receipt of your purchase order.

You expressly authorize us to issue your invoice electronically.  If you wish to exercise your right to receive it on paper, please contact us by telephone or at the addresses listed in the “Customer Service” section.

Payment terms

Purchases made through this website may be made by credit or debit card.

The card data entered by the Purchaser in the purchase form will be transmitted through a secure connection directly to the banking entity, so the Seller will not have access to this data.

The price of the ordered products must be paid in US Dollars.

By authorizing the payment you are confirming that you are the rightful holder of the bank card. To minimize the risk of unauthorized access, your credit or debit card details will be encrypted. Credit or debit cards will be subject to verification and authorization by the issuing entity. If such entities do not authorize the payment, we will neither be able to enter into any agreement with you nor sell our products to you.

Guarantee

FRANK MEISLER will accept the return of a product that has been damaged during transportation or with a manufacturing defect.

In case of breakage or damage, the Purchaser will have 24 hours from the time of receipt of the goods to contact our Customer Service Department in writing (see contact details in this website’s “Customer Service” section), where the Purchaser will be informed of the procedure to return the goods.

In the event of a manufacturing defect, the Purchaser shall notify FRANK MEISLER (Customer Service Department – see contact details in this website’s “Customer Service” section) and send images of the defect as soon as such defect is perceived. We will then discuss our options.

Note that FRANK MEISLER creates its products following a craft process that makes each piece unique and unrepeatable and so, therefore, each one of them can show small differences with other pieces with the same reference number. Images of the pieces may also slightly vary from the original models. None of these variations or differences is a manufacturing defect. It is rather the opposite: it adds value to each piece.

Return and withdrawal policy

Following the Israeli law, as a consumer you have a period of fourteen (14) calendar days from the receipt of the product at the address indicated to cancel the purchase and withdraw from this agreement for no reason.

To exercise this right of withdrawal, you shall send us, within the period indicated above, a written notification to [email protected], a letter or fax with an unequivocal statement of your will to withdraw from the agreement stating the invoice number, date of purchase, name, phone number and address.

Our Customer Service Department will promptly notify you by email of having received such withdrawal, and will contact you to inform you how to proceed with the product return. You will need to return your items to us.

The refund sum will be issued and paid within 10 days after the items were received back in our offices in perfect condition and in their original packaging, considering the exceptions provided above. The right to withdraw from the agreement only applies to products returned by the Seller in the same condition in which they were received.

No refund will be made if the product/products are not in the same condition in which they were delivered, or if they have suffered damages (except when arriving damaged).  The product must be returned with all its original packaging, certificate of authenticity and other accompanying documents, if any.

The refund sum will be calculated taking off 5.8% from the original paid sum.

Courier’s charges, fees and taxes, if applicable when releasing the items from customs, will not be refundable.

 

Exceptions to the right of withdrawal

You shall not be entitled to withdraw from an agreement whose purpose is that of supplying any of the following products:

-Customized products.

-Custom made products

-Product manufactured per order.

 

Tax and customs duties.

As for taxes at origin on this purchase, Value Added Tax (VAT) will be applied to all shipments in Israel, at the percentage in force at that time. The rest of the countries and territories are exempt from paying this tax.  If you act as an entrepreneur or professional, please contact us for the purpose of correctly applying VAT rules (see contact details in the “Customer Service” section).

As for taxes at destination, duties, taxes and any charges associated with customs clearance of the goods shall be borne by the receiver of the product pursuant to the legal provisions in force in each country, who must pay the amount in cash upon receipt of the shipment. We do not have control on these charges, and we cannot predict the total amount, so we recommend contacting the Customs Office for more information.

Data Protection.

Regarding the personal data you enter during the purchasing process, please check our “Privacy Policy” on this website.

Intellectual and Industrial Property

The Purchaser acknowledges and declares that all copyrights, trademarks and other intellectual and industrial property rights on the materials or contents included in this website correspond to FRANK MEISLER or its licensors (see “Notice of Purchase and Terms of Use” of this website). You may use such material only in the manner expressly authorized by us or by those who granted us license for its use.

Notifications

By means of this agreement and the use of this website, you agree that communications with us may be by electronic means, and you acknowledge that any agreement, notification, information and other communications that we send to you electronically comply with the legal requirements of being in writing.

The notifications you send us must be to our email address [email protected]

We may send you communications either to your e-mail address or to the postal address provided by you when you placed your order.

Applicable law

This Sale and Purchase agreement shall be governed by Israeli Law.

LEGAL CONDITIONS

LEGAL WARNING AND GENERAL TERMS AND CONDITIONS FOR USING THIS WEBSITE

BEFORE USING THIS WEBSITE PLEASE READ THIS LEGAL WARNING AND GENERAL TERMS AND CONDITIONS. By entering and using this website, you shall be considered a user. By using this site you agree to these terms and conditions.

Titleholder

The titleholder of this website and its domain is the company FRANK MEISLER LTD. This company, hereinafter “FRANK MEISLER”, BN #5103366555 and/or Meisler Marit LTD #515971984.

Contact email: [email protected]

Use of this website

FRANK MEISLER provides access to services, information, programs and data belonging to FRANK MEISLER (or its licensors), which you may access as a user of this website. As a user, you accept the responsibility for the correct use of this website and of the services that can be accessed on it, as well as to facilitate the data necessary to access certain services or contents, providing truthful and legal information.

By entering this web site, you, as a user, agree to make a correct use of its contents and services.

It is strictly forbidden to interfere with this website by intentionally introducing viruses, programs or materials that may cause damage to us or to third parties. It is also forbidden to attack this website or to obtain unauthorized access to it, to the server in which it is stored or to any other server, computer or database related with this website.

Information on sales to specific territories.

This website can only process sales when the orders have been placed from, and the shipping address is in, the following countries:

Germany Australia Austria Belgium Bulgaria Canada Cyprus Vatican City Denmark Slovakia Slovenia Spain USA Estonia Finland France Greece Holland Hungary Ireland Italy Latvia Lithuania Luxembourg Malta Mexico Monaco Norway Poland Portugal Puerto Rico UK Czech Republic Romania Sweden Switzerland.

Protection of Personal Data

Intellectual Property Rights

All the brands and logotypes included in this website are registered by FRANK MEISLER ®

FRANK MEISLER ® is the holder of the copyright of all the contents, the graphic design and the source code of this website.

The copyright of the products that appear on this website belongs to FRANK MEISLER ®.

To the above effects, the above-mentioned company will be referred to generically as “FRANK MEISLER”.

FRANK MEISLER, on its own behalf and as license holder, is the holder of any and all the intellectual property rights to this website, as well as all the elements contained in it (images, sound, audio, video, software and texts; brands and logotypes, combinations of colors, structure and design, selection of materials used, computer programs required for its functioning, access and use, etc.).

All rights reserved. It is expressly forbidden to copy, reproduce, transfer, distribute and communicate, totally or partially, the contents of this website for commercial purposes, on any support and by any medium, without the authorization of FRANK MEISLER. The user agrees to respect FRANK MEISLER Intellectual and Industrial copyright. The user can visualize, print, copy and store on his/her personal hard drive or any other physical support the elements of the site solely and exclusively for personal and private use, maintaining all copyright warnings and registered trademarks exactly as they appear. Any other use of the materials will be considered a violation of FRANK MEISLER rights.

The user of this website must refrain from deleting, altering, adapting or modifying any security or protection system or device that may be installed in the FRANK MEISLER website.

It is also forbidden to use any of these materials in another portal or computer in a network environment without the prior written consent of FRANK MEISLER.

Disclaimer of warranty and liability

FRANK MEISLER does not guarantee the accuracy, reliability and integrity of the content of this website and under no circumstance can it be held responsible for damage of any kind that may be caused by the use of this website or its contents, including, among others, errors or omissions in the content, lack of availability of the web pages, the transmission of viruses or malware in the contents.

FRANK MEISLER shall not be held responsible for any damage or loss caused by denial-of-service attacks, viruses or any other program or technologically harmful material that may affect your computer or other devices, data or materials as a consequence of using this website or of downloading contents from it or from other linked web pages.

Modifications

FRANK MEISLER reserves the right to make the modifications it considers necessary to this website at any time and without prior notification, including the modification, deletion and addition of content and services provided through the website, as well as the form in which they are presented or their location in the website.

FRANK MEISLER also reserves the right to modify, at any time, these General Terms and Conditions for using this website which shall remain in force until they are modified by others which shall be duly published.

Exclusion clause

FRANK MEISLER reserves the right to refuse or withdraw access to this website and/or the services it provides, without the need for any prior notification, to those users who breach these General Terms and Conditions or our Privacy Policy.

Links

Links from other web pages to www.FRANK-MEISLER.com are authorized, as long as the www.FRANK-MEISLER.com page opens in a separate window without retaining any element of the site of origin.

The only purpose of links that appear on this website is to inform the user of the existence of other sources to expand the information offered on this site. This does not imply that we invite or recommend you to visit these pages, and FRANK MEISLER shall not be responsible or liable, whether directly or indirectly, for any damages or loss caused or sustained by the user, in connection with any use or reliance on information or material obtained from third party sites. In providing these links, FRANK MEISLER does not in any way imply association or participation with the linked sites.

FRANK MEISLER has no control over third party websites and shall not be held responsible for information or content other than on this site (www.FRANK-MEISLER.com) managed by our webmaster, nor does it guarantee their availability or reliability.

Applicable law

The applicable law for the resolution of any conflict that may arise from the relationship between FRANK MEISLER and the user of this website will be Israeli law, which shall be used to interpret these general terms and conditions and any dispute which may arise from the use of this website.

Jurisdiction

By visiting this website you renounce jurisdiction that may correspond to you and you hereby accept that any dispute or conflict that may arise as a result of using this website shall be resolved by arbitration, in accordance with the Regulations of the Arbitration Court of Israel, instituted by the Israeli Chamber of Commerce.

Comments, Suggestions and Complaints

We appreciate your comments and suggestions. Please send your comments, suggestions, queries and complaints to [email protected]

Withdrawal Form

If you have purchased a product on this website and wish to exercise your right to withdraw from the transaction within the stipulated period of time allowed for this purpose (see “Purchasing Terms and Conditions”), you can send a message to [email protected]

PRIVACY POLICY – INFORMATION ON DATA PROTECTION

The holder of this website and the controller of the data file in which any personal data provided by you will be stored is FRANK MEISLER BN #510336555 and/or Meisler Marit LTD #515971984. Any information we have access to which may allow us to identify you, such as name, surname, address, e-mail, telephone numbers, type of device, debit or credit card number, etc. (hereinafter, “Personal Data”) will be stored and used according to the provisions of this Privacy Policy, which essential points are as follows:

Controller:  FRANK MEISLER BN #510336555 and/or Meisler Marit LTD #515971984

Address: 25 Mazal Arie Tel Aviv Israel.

Phone +972-3-512-3000

Email: [email protected]

Processing purposes:  Purchase and assurance completion and monitoring; sending advertising and information; sales prospecting.

Legitimacy: Implementation of purchase and sale agreement and of assurance policy and consent of the data subject.

Data subject rights:  Access, rectify or delete Personal Data and other rights which are detailed below.

Below are the conditions under which FRANK MEISLER will process any Personal Data you provide as a user of this website (www.frank-meisler.com).

In the event that you register with the purpose of placing your orders, to receiving our newsletter or for any other purpose, or, in the case that you give your consent for us to send you communications on our products that are not directly related with your order, the Personal Data that you provide us with will be stored in a data file controlled by FRANK MEISLER and will be used solely for the purposes of sending you information and advertising on our products, as well as for any specific purpose you have applied for in each section of this website.. Sending information and advertising to you is legitimized by the consent which you may give us when we request it in each occasion without the withdrawal of such consent by you may affect or impair the completion of the purchase contract or any of the services you require from us.

At the same time, it may also be necessary to share your personal information with third parties who are involved in the delivery of the services, such as financial entities, anti-fraud bodies, and providers of technological, logistics, transport and delivery services, customer services. By supplying your Personal Data you authorize us to handle and share these data with the above-mentioned collaborators. Your authorization includes those cases when, to ensure more efficient service, the suppliers are located in USA or other third countries outside the European Economic Area that do not provide the same level of data protection as your home country or the European Union even if no decision of good performance has been issued by the European authorities on this subject matter with respect to such third country.

Your Personal Data will not be otherwise shared, transferred or modified without your prior consent unless required by law.

Your Personal Data will be stored in our file while our relationship with you exists depending on the purposes for which such data were provided and until the moment you require us to delete same.

To be able to offer you our products and services which are in line with your choices and preferences and also in order to improve your experience as a user of our website, we will elaborate a “user profile” based on the information we get from you. Automated decisions may be taken based on such profile in connection to the advertising and the products we may offer you, without them affecting any of your rights as a consumer.

You are entitled at any time to revoke your consent to the abovementioned assignment/transfer of your Personal Data by writing to us at [email protected]

When applying to exercise any of the above rights, you should specify the reason for your application and we may ask for a copy of your national identity card, passport or other valid ID to identify you before we process your application.

 

STORAGE AND PURPOSES FOR PROCESSING PERSONAL DATA

In addition to the provisions in this Privacy Policy, you should also read the specific sections in this website for each one of our services or functionalities. Besides the general conditions described here, there may also exist other specific conditions for each section that may call for a specific treatment of your Personal Data.

There is certain information to be completed – identified as compulsory in each section- without which it will not be possible to register you as a user, as a customer or as a recipient user of other functionalities or services available on this website.

You hereby guarantee that the Personal Data you supply is true and exact and you agree to notify us of any change or modification to these data should it affect the provision of our services. In the event that you supply Personal Data of third parties, you are responsible for having informed and having obtained the consent of the said third parties for their Personal Data to be used for the purposes described in this Privacy Policy or in the various sections of this website. Any damages or injuries caused to FRANK MEISLER or to a third party as a result of the communication of Personal Data or information which is incomplete or erroneous or which has been provided without the consent of the affected individual during the process of registering or purchasing in this website will be the sole responsibility of the user who supplied said data or information.

FRANK MEISLER will use the Personal Data you provide for the following purposes:

To register you as a user of this website, both to identify you and to provide you access to the products and services available to registered users.

To fulfill and execute the sale and purchase contract for purchasing our products or any other contract undertaken by you through this website.

To contact you by telephone, email or other equivalent means of communication in relation to products and services you have acquired or hired or to the functionalities of this website, including those related to security measures.

To inform you, when you have subscribed to our newsletter, about our products and services, by email or any other means of communication using the Personal Data you have provided to us.

To internally analyze the choices and preferences of our users and customers with the purposes of improving our interaction with them, creating user profiles and improving our marketing actions and our sales.

 

INFORMATION ON COOKIES

We use cookies in our website. Cookies are text files sent by a website and placed on the user’s computer (or other devices) when user visits that site, giving information about user’s preferences and choices. Cookies do not cause any harm or damage to your computer or device.

Our cookies do not store personal information (address, password, payment card, etc.) and are used by us solely for purposes of web analysis and statistics, as well as to facilitate browsing on our website, to enhance your experience and to adapt the web pages to your interests. For instance, cookies help us to follow on-line purchase process or to remember your choice of language, country, etc..

The information stored in the cookies on our website is used exclusively by us, with the exception of “third party cookies”, which are used and managed by external parties who provide services to improve our web pages and to guarantee the safety of payment transactions made on the web.

When you accept the use of cookies, our website can show you the pages of third parties or their advertising based on an analysis of your browsing data.

This website page uses Google Analytics, a web analytics service provided by Google, Inc., a Delaware company whose main headquarters are at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, USA (“Google”). Google Analytics uses Cookies to help us analyze the use of the website. Information generated by cookies about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of our web pages, compiling reports on website activity and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Please remember that you can remove, refuse or disable cookies, including Google cookies, at any time in your browser configuration. However, you should be aware that after doing so you may not be able to enjoy the full functionality of this website.

 

Contact us:

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Frank Meisler Gallery

25 Mazal Arie

Tel Aviv, IL 6108401

Israel

Phone: +972-3-5203000

[email protected]

 

 

IF YOU HAVE ANY FURTHER INQUIRIES PLEASE CONTACT US