Hello and welcome to the Flam Winery website (hereafter – “the site“).

On the site, you may find information about the wines we produce. We may also allow to order from the assortment of the winery’s wines through the website. Use of the site, including orders placed through the site, will be made subject to the terms and conditions specified below. You are therefore requested to read them carefully. The terms are worded in the masculine gender solely for reasons of convenience however, they are intended for men and women alike.

1.About the site

1. Since 1998, Flam Winery, which is located in the heart of the Judean Hills, has offered an assortment of quality Israeli wines that reflect the local terroir in the best possible manner (“the products“). Manual and meticulous work processes are implemented at the winery, alongside an intimate knowledge of the vineyards and a constant striving for the best result.
2. The site is owned by Flam Winery Ltd., co. reg. no. 512868324 (hereafter – “the Company” or “We“), and our address is: Flam Winery, Yaar Hakdoshim, Judean Hills, postal code 99775.

2. Your manner of use of the site

1. The execution of operations through the site (including: entering the website, ordering products, changes and cancellations, etc.) is contingent on your being an adult (over 18 years old) and on your being competent to carry out binding legal actions.
2. You will be held fully liable for any action that is performed on the site under the details entered with respect to you, including products that are ordered through the site or a violation of the terms of the site or  any law.
3. We may block access to all or some of the services provided on the site in any case of concern of contravention of the provisions of the law, due to a violation of these terms of use or due to interference with the proper operation of the website.

3.Terms and conditions for ordering the products and the payment for them

1. The site includes information about the wines produced at the winery and may include offers to purchase various products (hereafter – “the offers“), the terms of which will be posted beside them.
2. The offers on the site may be limited to certain groups of recipients or may be for a limited time and we may discontinue or modify them at any time, with no prior notice. Without derogating from the aforesaid, we may cancel an order that was placed if we discover that there has been a clerical error or another irregular error in the presentation of the product’s details, including the price or other details.
3. The prices, special offers, terms and any information appearing on the site and on the pages of the products displayed on the site are valid for the same date only and may vary from time to time.
4. The products that can be purchased on the site cannot necessarily be purchased on the same terms, if at all, in the winery’s store or in the various stores marketing our products. The determining price is the price of the products on the site at the time the order was placed.
5. In the event that you have place an order for products through the site, we will contact you within 2 business days in order to obtain the payment method details and complete the order.
6. Completion of the purchase process is contingent on the payment method details being provided by you, as stated, on the payment company’s approval for executing the transaction and on the requested products existing in stock at the time of completing the purchase process. For the avoidance of doubt, the placing of an order on the site does not constitute acceptance of your offer. In the event that you have failed to provide payment method details, the transaction has not been approved by the payment company or in the event that it is discovered that the product is out of stock, the order will be deemed cancelled.
7. You are solely responsible for the accuracy of the details that you provide when ordering. At our discretion, we may cancel a transaction for any reason whatsoever and including when there is a concern that the consideration for the purchase will not be received and/or due to false, partial or inaccurate details being filled out.
8. After completing the order, a message confirming the placement of the order and detailing the products that your ordered and the cost of the same will be sent to your e-mail address.
9. All the prices displayed on the website are quoted in NIS and include VAT.
   

4. The content posted on the site

1. All the images on the site are intended for illustrative purposes only. Since the images are displayed on a screen, there may be differences and variations between the appearance of the products in the image and the appearance of the products in reality.
2. From time to time, we may advertise promotional offers on the site. We do not warrant that the offers appearing are the least expensive or best suited to your purposes and therefore it is recommended that you check the fitness of the offers for you and also conduct a price comparison prior to choosing to purchase a product based on offers on the site.

5. Terms of shipment

1. Products that can be ordered through the site can be purchased by home delivery or by in-store pickup from us.
2. The cost and terms of shipment will be detailed to you during the ordering process. We may offer free-of-charge shipment, for instance subject to the transaction’s compliance with certain terms (such as shipment within a defined area or a minimum purchase amount).
3. At the time of providing the payment method details, the date by which your order will be supplied to you will be arranged. We will make our best efforts to supply the order within this time frame. Notwithstanding the aforesaid, there may be delays in delivering the shipment, sometimes for reasons beyond our control.
4. When delivering the shipment, you, the person placing the order, must be at the delivery address. In the event that you choose another person (an adult) to receive the order in your name, we ask you to indicate this to us when ordering. At the same time, the Company will not be liable for any loss or damage caused to the shipment from the time of its delivery to your chosen address.
5. In the event that the shipment is not delivered for reasons that depend on you, and an additional shipment is required, we may charge you with the cost of the additional delivery, even if the first shipment was provided to you free of charge.

6.Cancellation and return policy

1. Please note that in accordance with the Consumer Protection Law, 5741-1981, there is no right to cancel a transaction for food products and perishable products that may spoil after their delivery to the consumer. The shipment and storage of wines require strict observance of controlled conditions, and therefore there is no entitlement to cancel a transaction executed on the site.
2. Notwithstanding the aforesaid, we will allow you to cancel a transaction that was executed so long as your order has not been harvested for shipment to you.
3. In the event that you wish to cancel a transaction that you executed, prior to its harvesting as stated, or in cases where you wish to cancel a transaction due to a defect in the product or due to a discrepancy between the product and the details provided to you by us, please contact us indicating your full name and the number of the order placed, in one of the following ways: Using the contact form on the website, by e-mail: info@flamwinery.com or by telephone 02-9929923.
4. Upon the cancellation of the transaction and the return of the product to us, insofar as it has been supplied to you, we will refund you the amount you paid to us. We may charge you with a cancellation fee at a level of 5% of the transaction price or NIS 100, whichever is lower, or another amount prescribed by law, unless you requested to cancel the transaction due to a defect or discrepancy.

7.Our liability

1. The site and its use are offered to you on an “As Is” basis and after you have verified its fitness for your purposes. You will have no allegation, claim or demand against us and/or anyone on our behalf in respect of the site’s features, capabilities, limitations or its fitness for your purposes and requirements. We make no representations with respect to the fitness of the products for your purposes and their availability.
2. We make our best efforts to provide you with a precise, quality and defect-free product. Without derogating from the aforesaid, we will in no way be held liable for any damage or loss directly or indirectly resulting from a delay in the delivery of the products, from any impediment to their arrival, from the consumption of the products or from their failure to meet your expectations, or from any other reason beyond our control, including actions of any third parties.
3. We will not be held liable in any event for any loss or damage, including, but not limited to, indirect or consequential loss or damage, resulting from the use of the products, from loss of enjoyment, loss of profits or income, etc., in relation to the use of the site and the products displayed or offered for purchase through the site.
4. When placing an order on the site, you agree that even if it is determined that the Company is liable for damage of any kind that you incur during or as a result of using or ordering the product, the amount of compensation will not exceed the amount that you paid us for said product – and this regardless of the level of damage.
5. Although we make our best efforts to do so, we do not warrant that the site’s services will be provided continuously, without errors, interferences or interruptions and you will have no allegation or demand with regard to any resulting inconvenience or damage that may be incurred.
6. From time to time, we may alter the structure of the site, its appearance, the products displayed thereon and any other aspect involving the site and its operation and this without having to give advance notice to such effect.

8.Intellectual property

1. All the intellectual property rights in the site, including the copyrights, trademarks and trade secrets, are the sole property of the Company and its owners, or of third parties from whom we have received a lawful use license. These rights apply, inter alia, to the graphic design of the site, the databases included therein, the computer code of the site, contents, recipes, ideas, texts and files contained in the site, designs and products displayed on the site and any other element associated with its operation. It is prohibited to copy, reproduce, distribute, sell, market, transmit, publicly perform, make publicly available, translate or make any other use of such content and information without obtaining express prior written permission from us.

9.Your obligations when using the site

1. When using the site and making purchases, you are requested to refrain from the following actions:
2. Copying and unauthorized use of content and information available on the site.
3. Impersonating any person or other legal entity using the site’s services.
4. Attempting to gain unauthorized access to the site, to content, to accounts of others or to computer systems or networks connected to the site by “hacking”, “password mining” or by any other means.
5. Collecting, using, downloading or copying lists of users or of any information regarding users, or use or providing such information (for payment or for free) to any person or entity.
6. Altering or copying any one of the code parts constituting the site.
7. In any way infringing copyrights, trademarks, or any other proprietary right existing in the site – including the posting of files containing images, photographs or other material protected by intellectual property, privacy and publication laws.
8. Interfering in any way with the provision of the services, including restricting or preventing another user from using the site.

10.How to contact us

1. Regarding any question, offer or problem pertaining to the processing of your order and the use of the site, you are welcome to contact us using the contact form on the site, by e-mail: info@flamwinery.com or by telephone: 02-9929923.

11.Alteration of terms

1. At any time, we may alter the provisions of these terms of use without giving any prior notice to such effect on the site. Such alteration shall take effect immediately. Therefore, it is recommended to review the terms of use every time you re-enter the site in order to keep abreast of the alterations that have been made to its provisions.
2. At any time, we may decide to close the site and to alter, reduce or expand the products contained therein.

12.Law and jurisdiction

1. The law governing the use of the site and these terms is the Israeli law only. The local jurisdiction in all matters relating to and arising from the agreement is vested in the competent courts in Israel.

Version 01-March 2024