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Terms of Use

  1. General
    1. The Woodeex group (Woodeex)is a registered at the Diamond Exchanges of Anvers and tel Aviv in Israel, (the “Company”) and holds a license to deal with the business of diamonds, in accordance with the applicable regulations. 
    2. Woodeex is holding the rights in and to the website woodeex.com (the “Website”) which embeds a platform (the “Platform”) enabling suppliers registered and approved on the Platform (the “Suppliers”) to offer  diamonds for sale to customers registered and approved on the Platform (the “Products” and “Customers”). 
  2. Customer’s Representations and Warranties
    1. By using the Website and the Platform, you agree to the present Terms of Use. If you do not agree to any terms in the Terms of Use, you shall not use the Website and/or the Platform.
    2. You may use the Platform only if it is legal for you to do so according to the laws that apply to you. You hereby represent and warrant that you do not violate any applicable law or regulation as a result of using the Website and/or the Platform. 
    3. If you reside or are present in any jurisdiction that prohibits using the  Website and/or the Platform, you shall not use it. 
    4. We make no representations or warranties, expressed or implied, as to the lawfulness of any person’s participation in any activity through this Website (including, but not limited to, the use of the Platform), and shall not be responsible for any illegal use of the Platform and/or Website by you. The offering or availability of the Platform and/or the Website shall not be deemed or interpreted as an offer or invitation by us to use the Platform and/or the Website. It is your responsibility to ensure that you comply with any and all laws applicable to you before registering or participating in any activity through the Website. You hereby acknowledge that it is not our responsibility to verify the legality of the use of the Platform and/or the Website by you, and accordingly waive any claim and/or argument you may have in this respect. You understand and accept that we are unable to provide you with any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with the applicable laws and rules. 
  3. Registration
    1. Eligibility 
      1. You may only use the Platform if you comply with all of the following:
      2. You are at least 18 years old, or the legal age as determined by the laws of the country where you live (whichever is higher);
      3. You represent and warrant to us that: 
        1. if you are an individual and you open an account with us, you are not acting on behalf of an undisclosed principal or a third party beneficiary;
        2. If you act on behalf of a legal entity you are duly authorized to act on its behalf;
        3. You do not violate any law or regulation as a result of using the Platform. In this context, you agree that if you reside or are present in any jurisdiction that prohibits using the Platform, you shall refrain from using it.
    2. Registration 
      1. In order to become registered as a Customer on the Platform you need to complete the registration process as appears on the Platform and provide at least a username, an email address and a password. 
      2. You will not be able to place an order to Suppliers and to access all information related to the Products prior to the completion of the registration process. 
      3. Woodeex reserves the right to refuse to accept any new Customer or any transaction at its discretion.
      4. The registration of Customers on the Platform is free of charges.  
  4. Transactions
    1. You can order Products on the Website which are advertised by Suppliers registered on the Platform. However, for certain reasons related to legal requirements and/or depending on your location, you may not be able to purchase certain Products advertised by certain Suppliers. 
    2. The Supplier guarantees the availability of the Products. If following an order, the corresponding Product is not available, Woodeex will inform you accordingly. Woodeex may make available an equivalent Product to you. You may then decide whether you wish to purchase the equivalent Product or cancel the initial transaction and be refunded by Woodeex.   
    3. Prior to the execution of each order of sale, the Customer shall be required to submit to Woodeex via the Website all required information and documentation, including as may be required by Woodeex (i) a copy of a valid government-issued photo ID; (ii) a copy of a utility bill showing proof of full name and address, no more than three (3) months old. All data recorded and confirmed will serve as valid proof of the transaction. You declare that you understand and agree to sign on the order confirmation and to accept the transaction. 
    4. You understand and agree that for transactions exceeding a certain amount, and/or in exceptional cases, Woodeex may be required to ask that you provide, on a case by case basis, additional information and/or documentation to enable the receipt of the full payment by the Platform. 
  5. Communications 
    1. Any direct communication between Customers and Suppliers can entail sanctions (including exclusions of the Website and cancellation of the registration).  
  6. Purchase and Payment
    1. All orders and payments shall be made exclusively through the Platform. Woodeex shall not proceed with the delivery of the Product prior to full and actual receipt of payment of the price (as advertised by the Platform) (the “Platform Price”) by the Platform and receipt of all additional documentation and information required by Woodeex. 
    2. Any purchase carried out outside our platform is illegal and can entail sanctions (including exclusions of the Website and cancellation of the registration). Besides, in case of disputes, your purchase will not be covered at all by our Terms of Use, by our conditions for cancellation, by our exchange and refund policy. The transactions carried out outside our platform also make it more difficult to protect your data and expose you to an increased risk of fraud. 
    3. The Website will enable the Customer to execute the payment of the Platform Price through secured channels operated by the Platform, i.e. by means of credit cards accepted on the Website, PayPal and wire transfer. You may benefit from a discount in case of payment by wire transfer.  
    4. For customers residing in the European Union, the Platform Price which can be viewed on our Website is taxes included (unless expressly stipulated to the contrary on the website). For customers residing outside the European Union, the Platform Price which can be viewed on our Website is taxes excluded (unless expressly stipulated to the contrary on the website)All taxes, customs and duties applicable to the purchase of the Products by the Customer and the release thereof to the Customer shall be borne by the Customer. However, shipping costs shall be borne by Woodeex, except as otherwise provided herein. 
    5. If you are a customer residing outside the European Union you are the importer of the Products and customs duties or other local taxes (if applicable), including but not limited to VAT, import duties, or state rights may be applicable – and shall be borne by the Customer. They will be at your expense and are your responsibility both in terms of declaration and payments to the relevant authorities.
    6. All payments to Woodeex shall be made net of any bank fees, charges, customs and taxes. Any receipt of partial payment shall entitle Woodeex to suspend and/or cancel your order.   
  7. Delivery
    1. The products will be delivered in a time between two days and thirty days.
    2. The Products will be delivered to the shipping address provided during the order process, at Woodeex’s costs. Woodeex shall not be responsible for any delayed delivery of the Products. 
    3. Woodeex may choose the shipping company responsible for the delivery of the Product at its sole discretion.  
    4. The Customer shall mention during the purchase transaction process, the identities of the persons authorized to receive the package. Such authorized persons shall be at least 18 years old. Upon delivery, the Customer (or any authorized person on his behalf) shall sign the delivery package. The delivery package shall include the Product, and an invoice issued by Woodeex to the Customer corresponding to the Platform Price invoiced by Woodeex. 
    5. You are aware that Woodeex already checked the conformity of the Product to the Customer’s order. However, in case of non-conformity of the Product, the provisions of Section ‎8 below shall apply. 
  8. Return of Product for Non-Conformity
    1. In the event of declaration of non-conformity by the Customer, the Customer shall contact a representative of Woodeex to coordinate the return of the Product to Woodeex. Woodeex will provide the Customer with instructions as to the procedure for returning the Product.
    2. You must return the Product in its original condition and complete (including, but not limited to, packaging, gemology certificate, accessories and manual). In the event the gemology certificate was lost or damaged, you will be charged a fee of EUR 150.
    3. Upon due receipt of the Product by Woodeex, Woodeex shall either (i) refund the Customer within 14 days after such receipt by Woodeex (less minor bank fees, charges and costs) (ii) keep the payment in the event that the Customer wishes to exchange the returned Product with another Product. 
    4. Woodeex shall bear the shipping costs, provided such non-conformity is confirmed by Woodeex. For security reasons, you must not mention the name of Woodeex on the package cover. You must return the Product and the package in compliance with the instructions of Woodeex’s representative.
  9. Cancellation for Convenience
    1. You may cancel your order for a purchase of a Product for any reason, until expiration of a period of 14 days after receipt thereof (the “Refund Period”). Woodeex shall not be obliged to refund you the Platform Price in the event of cancellation after expiration of the Refund Period. 
    2. To cancel your order, you must first contact one of Woodeex’s representatives by phone or by email, as described on the Website, who will validate your request. Woodeex will provide you with instructions as to the procedure for returning the package. 
    3. You must return the Products in their original condition and complete (including, but not limited to, packaging, gemology certificate, accessories and manual). In the event the gemology certificate was lost or damaged, you will be charged a fee of EUR 150.
    4. In case of cancellation for convenience, you will bear the return shipping costs and all applicable taxes, customs and duties necessary to release the Product to Woodeex. You must return the Product and the package (including the gemology certificate) in compliance with the instructions of Woodeex’s representative. 
    5. Woodeex will reimburse you for the funds paid for the Product, minus minor bank fees, customs, duties, taxes and shipping costs within 14 days of receipt of the Product by Woodeex, by the same means of payment used when ordering. Woodeex will be entitled to deduct from the reimbursement amount all costs borne by Woodeex associated with shipping costs bank fees, customs, duties, levies and/or taxes.  
  10. Limitation of Liability 
    1. We do not warrant the completeness or accuracy with respect to information and/or details appearing on the Website, nor do we ensure the availability and/or the quality of the Products and/or shipping and delivery. You acknowledge that Woodeex will not be held liable toward you and/or any third party in this respect with regard to any losses arising out of any event or events, including, inter alia and without limitation, loss of and/or damage whether special, indirect, or consequential. The Customer hereby waives and releases the Website and/or the Platform from any such claims, demands and requests in connection with the Products, the delivery thereof and the use of the Platform.   
    2. We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of data or information and any direct or indirect loss which arises from these occurrences. We are not responsible for any problems or technical malfunction of any internet or telephone network or lines, computer on-line systems, servers or providers, computer equipment, software failure of email on account of technical problems or traffic congestion on the internet. We shall not be responsible or liable in the event of systems or communications errors, bugs or viruses relating to the Website and/or the Platform or which will result in damage to any hardware and/or software. We shall not be responsible or liable for any actions or omissions of internet service provider or any other third party with respect to the Website and/or the Platform.
    3. In no event will we be liable towards you for any special, indirect, incidental, punitive, special or consequential damages, including damages for loss of profits, business, revenue, economic advantage, data, equipment or network downtime, regardless of whether we were made aware of the possibility of the occurrence of such damages. Without derogating from the above, the maximum liability of ours to you is limited to a sum of USD 100. 
    4. The Website and the Platform are provided “as is”, and we make no warranty or representation, whether express or implied (whether by law, statute, or otherwise), including but not limited to implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, completeness or accuracy, non-infringement of third parties' rights or of applicable laws and regulation, or that the Website and/or the Platform will be uninterrupted, timely, secure or error-free, or that defects will be corrected, or will be free of viruses or bugs or as to results or the accuracy of the Website and/or the Platform.
  11. Indemnification
    1. You will indemnify and hold us harmless against all direct and indirect claims, liabilities, damages, losses, obligations, injuries, penalties, claims, suits, actions, disbursements, costs, legal fees and expenses (whether actual or contingent) arising from (i) your breach of these Terms of Use, (ii) any of your acts or omissions in connection with these Terms of Use, and/or (iii) any legal proceedings initiated by or on behalf any third party against us as a result of or in connection with your acts or omissions in regard to these Terms of Use. 
  12. Intellectual Property
    1. All elements of the Website and/or the Platform are the exclusive intellectual property of Woodeex and its affiliated parties in accordance with its discretion. No one is allowed to reproduce, use, repost, or use for any purpose whatsoever, even partially, elements of the website, whether it is software, visual or sound.
  13. Personal Data
    1. Protecting your privacy is very important to Woodeex. Your passwords are stored on Woodeex's servers in encrypted form. Your private information will be stored and used pursuant to our Privacy Policy, which can be viewed here: Privacy Policy
    2. Sensitive information is transferred between your browser and the Website in encrypted form using Secure Socket Layer (SSL).
    3. Woodeex reserves the right to collect personal information and personal data to the extent necessary to manage your order and/or to improve the Platform and information that the Supplier sends to you. This information and data is also stored for security purposes, to meet legal and regulatory obligations. You have a right of access and rectification to personal information and personal data.
  14. Filing - Proof
    1.  Woodeex archives purchase orders and invoices on a reliable and durable as a true copy. The records of Woodeex will be considered by all parties as proof of communications, orders, payments and transactions between the parties.
  15. Customer Conduct  
    1. You agree not to access or attempt to access the Website by any means other than the interface provided by Woodeex or circumvent any access or use restrictions put into place by Woodeex to prevent certain uses of the Website.
    2. You agree to use the Website in good faith and in accordance with all of the provisions of the Terms of Use and not to use, or to encourage others or permit others or assist others to use, the Website to: 
      1. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; 
      2. access or use the Website in any manner that could damage, disable, overburden, or impair any server or the networks connected to any server;
      3. intentionally or unintentionally interfere with or disrupt the Website or violate any laws related to the access to or use of the Website, violate any requirements, procedures, policies, or regulations of networks connected to the Website, or engage in any activity prohibited by these Terms of Use;
      4. disrupt or interfere with the security of, or otherwise cause harm to, the Website, accounts, passwords, servers, or networks connected to or accessible through the Website or any affiliated or linked sites;
      5. disrupt, interfere with, or inhibit any other user from using and enjoying the Website or other affiliated or linked sites, platforms, or content;
      6. reproduce, sell, trade, resell or exploit for any commercial purpose, any, use of the Website, or access to the Website;
      7. defraud, defame, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; 
      8. engage in any other conduct which, in Woodeex’s sole discretion, is considered inappropriate, unauthorized or objectionable;
      9. use any automated methods or tools to crawl, robot, scrape, spider or otherwise monitor or extract data from any part of the Website without our express prior written permission (we may use robot exclusion headers within the Website and you agree to comply with any such headers); decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any of the source code or underlying ideas or algorithms of any part of the Website, except to the limited extent that applicable laws specifically prohibit such restrictions;
      10. post or send any unauthorized or unsolicited advertising, promotional materials, marketing email or spam;
      11. forge any TCP/IP packet header or any part of the header information in any email or posting, deceptive or false source-identifying information;
      12. mirror or frame any part of the Website on any other website;
      13. use any meta-tags or other hidden text or metadata containing any Company’s  trademark, URL or product name without our express prior written permission;
      14. use any Company’s  trademark, URL, product name or logo in any way that incorrectly suggests our affiliation with or endorsement of any person, entity, product or service; or use any other trademarks, service marks, trade dress, designs or logos that are confusingly similar to any Company’s  trademark, product name or logo or to the look and feel of the Platform; or 
      15. not to upload, retrieve, transmit, distribute, or publish information or any other material that might limit or prevent others from using the Website; that might encourage, endorse, motivate, or assist another person to commit unlawful acts or that might lead to illegal liability.
      16. In order to permit us to protect the quality of our Platform, you hereby consent to our employees and representatives being able to access your account and records for any reason, in our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the Website. Your use of the Website is subject to all applicable local, state, national and international laws and regulations. Further, you acknowledge that you are responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other devices, necessary to access the Website, and paying all charges related thereto.
      17. You agree not to use the Website for any unlawful activity and the Website reserves the right to investigate any suspicious activity or in response to any complaints or reported violations. When investigating any such activity, the Website reserves the right to report suspected unlawful activity to any appropriate person or body and to provide them with any relevant information, including personal data.
  16. Miscellaneous
    1. Woodeex may, at its sole discretion, refuse to register and provide a Customer account to anyone and suspend and/or terminate any Customer account. 
    2. Woodeex shall be entitled, at its sole discretion and without any prior notice, to change, amend, modify, remove or discontinue, from time to time, any of the Platform with immediate effect. We shall not be liable for any loss suffered by you resulting from any changes made and you shall have no claims against us in such regard.
    3. Woodeex may, at its sole discretion, transfer or assign these Terms of Use (in whole or in part) to any third party without any prior notice; without derogating from the above, the Website and/or any of the Platform may be operated by third parties. You may not transfer, assign or pledge in any manner whatsoever any of your rights or obligations under this Agreement.
    4. You understand that you will receive electronic communications from Woodeex, posted on the Website and/or sent to you via e-mail. All such communications will be considered “in writing” and will be considered received by you within 24 hours from the time in which the notice was posted on the Website or sent to you via e-mail.
    5. These Terms of Use shall be governed by and construed in accordance with the laws of Israel, without giving effect to their choice of law rules. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Tel Aviv, Israel for settlement of any disputes or matters arising out of, concerning and/or relating to these Terms of Use and/or its enforceability. 
    6. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, then such provision shall be excluded from these Terms of Use and the remainder of these Terms of Use shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event these Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction. 
    7. You acknowledge that your failure to comply with these Terms of Use may result in disqualification, the suspension and/or termination of your Customer account and/or legal action against you. 
    8. Woodeex is entitled to amend these Terms of Use with immediate effect at any time and post the amended version on the Website, and to do so according to its absolute and exclusive discretion, and without providing any notice in advance. It is your sole responsibility to review these Terms of Use and any amendments, before performing any activity via the Website. Any use by you of the Website and/or Platform after making such an amendment shall be deemed as your awareness and acceptance of any amendment of these Terms of Use. If any amendment of these Terms of Use is unacceptable to you, your only recourse is to refrain from using the Website and terminate your registration as a Customer. 
    9. Woodeex may, at any time, set off any positive balances in your account against any amount owed by you to Woodeex. 
    10. Woodeex reserves the right to limit or refuse any activity and/or request made by you or through your Customer account.