1.              General
1.1.             Welcome to the website https://speedianceisrael.co.il/ (hereinafter: "the Website") owned by Smart Fit Ltd., Company No. 516978632, 14 Rabbi Yibba Saba St., Beit Shemesh, Israel (hereinafter: "the Company").
1.2.             The provisions in this document of terms of use, privacy protection policy, and cookies policy (hereinafter collectively: "the Terms of Use") shall apply to the use of the Website and shall constitute the legal basis for any matter between the user of the Website (hereinafter: "the User") and the Company. Therefore, please read the Terms of Use carefully.
1.3.             The User's use of the Website constitutes the User's explicit consent to the provisions of the Terms of Use. If the User does not agree to the contents of the Terms of Use, he must refrain from making any use of the Website.
1.4.             The Company may at any time and without prior notice, at its sole discretion, cease or suspend the operation of the Website, in part or in whole, or amend or change its nature and content. The User shall have no claims against the Company for any such change.
1.5.             The Terms of Use apply to both women and men and are written in the masculine form for convenience only. 
1.6.             The chapter headings below are provided for the User's convenience and orientation and shall not be used in the interpretation of the Terms of Use.
1.7.             The use of the Website is permitted for the User's personal purposes only, and no use or purchase for commercial purposes is allowed.
1.8.             The User agrees that the Company's computer records regarding actions performed through the Website shall constitute prima facie evidence of the correctness of the actions.
1.9.             The use of the Website and its content is "as is," meaning, without any possibility of intervention or change by any user and for private purposes only. It is strictly forbidden to use the Website and/or its content, in whole or in part, for commercial purposes. The content may not be used in whole or in part for copying, correcting, modifying, reproducing, transmitting, displaying, publishing, transferring, selling, or distributing in any way by any user, without the Company's explicit prior written consent.
1.10.           For the avoidance of doubt, if there is a contradiction between what is stated on the Website and/or between the content of the Website and the provisions of the Terms of Use, the provisions of the Terms of Use shall prevail.
1.11.           For the avoidance of doubt, any information published on the Website regarding sports and nutrition does not constitute medical advice.
2.              The Products
2.1.             For the purpose of these Terms of Use, "the Products" are the products sold from time to time on the Website.
2.2.             The Company is not obligated, in any way, to maintain any specific variety of products on the Website, and it may, at its sole discretion and at any time, change, replace, and remove products from the range of products on the Website.
3.              Right/Eligibility to Make Purchases on the Website
3.1.             Any user who meets the cumulative conditions listed below may purchase products on the Website:
3.1.1.     The User is competent to perform binding legal actions, including declaring that he is 18 years of age or older, or has received the consent of his legal guardian to perform the actions.
3.1.2.     The User holds a valid credit card duly issued by one of the credit card companies active in Israel, or has willingly received the consent of such a credit card holder to use it.
3.1.3.     The User has an active email address.
3.2.             The Company reserves the right to prevent access to product purchases and/or cancel purchases by users whose behavior is inappropriate or not in accordance with the provisions of the Terms of Use or who attempt to harm the proper management of the Website and/or the Company.
3.3.             The Company reserves the right to limit the quantity of products the User may order on the Website.
4.              Ordering Products on the Website and Registration
4.1.             After selecting the products, as an integral part of placing the order, the customer must fill out an order form (hereinafter: "the Order Form"). In the Order Form, the customer will provide his current, correct, and accurate personal details, including: email, first name, last name, ID number, phone number, locality, street, house number, apartment, zip code, floor, entrance, and payment method details. It is clarified that fields marked as "required" must be filled in. Without providing the requested data in the required fields, the customer will not be able to place an order.
4.2.             Payment on the Website can only be made with a valid credit card for use in Israel.
4.3.             Upon completion of the order and after the order has been processed, the user will be directed to a special page where he can view the order confirmation, and an electronic notification with the order details, including the order number, will be sent to the email address provided by the user during the order placement.
4.4.             For the avoidance of doubt, verification of credit card details and receipt of payment approval from the credit card company by the Company is a fundamental condition for order approval. Without such credit card company approval, the order will not be approved and the Company will not be obligated to the customer in any way, including not reserving the product in stock.
4.5.             If, after placing the order, the Company discovers that one or more of the products purchased within the order cannot be supplied, including because it is out of stock (even if it was displayed as in stock on the Website at the time of the order), the Company will not be obligated to supply the product to the User, and the User will not be charged for the product that cannot be supplied, or its charge will be canceled by the Company. The User will have no claim and/or demand against the Company in this regard.  
4.6.             A user who has not received an email confirming the order within one business day can contact the Company's customer service, using the contact details specified in clause 7.4 of these regulations.
4.7.             The Company may update the prices of products on the Website from time to time without prior notice. The valid price for an order placed is the price on the Website at the time the order was placed. If prices were updated before the completion of the order, the User will be charged according to the updated prices.
4.8.             The Company will make its best efforts to fulfill orders placed in accordance with the provisions of the Terms of Use. If the Company is unable to fulfill the order for any reason, the User will be entitled to a cancellation of the charge incurred for the order. For the avoidance of doubt, no other compensation or credit will be given.
5.              Supply, Transport, and Delivery
5.1.             Products will be supplied to the customer via home delivery.
5.2.             Prices on the Website do not include shipping fees. Therefore, if the User chose home delivery, in addition to the product prices, the User may be charged shipping fees in accordance with the provisions of the Terms of Use and the shipping policy (as detailed below). After confirmation of the order, the Company or its representative will deliver the order to the address in Israel entered during the order and in accordance with the shipping policy (hereinafter: "Shipping Policy"), and subject to the User's address being within the Company's delivery zones.
5.3.             The delivery times specified in the shipping policy are approximate and will be counted from the date of order approval by the Company. Delays in delivery times may occur, including those dependent on third parties, such as the delivery company, which are beyond the Company's control, and the Company will not be liable for any delay in the delivery of the products.
5.4.             If the delivery was not made due to a reason related to the user, including but not limited to, providing incorrect and/or inaccurate details during the order placement and/or the user refusing to accept the delivery, the Company shall be entitled to cancel the user's order.
5.5.             The Company will not be responsible for any delay in delivery and/or non-delivery of an order caused by "force majeure" and/or events beyond the control of the Company and/or the delivery company, including wars, strikes, natural disasters, security events, epidemics, lockdowns, computer system malfunctions, telephone system malfunctions, email service malfunctions, changes in security or health conditions, and additional circumstances and events beyond the control of the Company and/or the delivery company.
5.6.             The Company and any party on its behalf may refuse to deliver an order to areas restricted for access due to security reasons, as they may change from time to time, at the Company's discretion.
5.7.             The Company may update shipping rates from time to time without prior notice.
5.8.             The shipping rate for an order placed is the shipping rate on the Website at the time the order was placed. If shipping rates were updated before the completion of the order, the User will be charged according to the updated rates.
6.              Customer Service
For questions about the products, or for more details regarding the Website, its operation, and how to place orders, you can contact the Company's customer service through one of the following means:
By phone or "WhatsApp" - 055-9903739 (Sunday - Thursday, 09:00 - 18:00)
7.              Distance Sale Cancellation Policy
7.1.             A user who has placed an order on the website may cancel the transaction in accordance with the provisions of the Consumer Protection Law, 5741-1981 (hereinafter: "Consumer Protection Law"), the main points of which are set forth below.
7.1.             A user who has made a transaction to purchase products on the website may cancel the purchase of the products, from the day the transaction was made until 14 days from the day of receipt of the products, or from the day of receipt of the disclosure document (whichever is later).
7.2.             Notwithstanding the above, a distance sale transaction cannot be canceled for:
7.2.1.                Perishable goods (including food products, flowers, medicines, etc.);
7.2.2.                Accommodation, travel, leisure or entertainment services – if the cancellation date falls within 7 non-rest days, prior to the date the service is to be provided;
7.2.3.                Information as defined in the Computers Law, 5755-1995;
7.2.4.                Goods manufactured specifically for the user as a result of the transaction;
7.2.5.                Goods that can be recorded, reproduced or copied, whose original packaging has been opened by the user.
7.3.             If the user is a person with a disability, a senior citizen or a new immigrant (as these terms are defined in the Consumer Protection Law), the user may cancel the transaction within 4 months from the date of the transaction, from the date of receipt of the products or from the date of receipt of the disclosure document (whichever is later), provided that the transaction involved a conversation between the company and the user. The company may require the user to present an appropriate certificate, all in accordance with the provisions of the Consumer Protection Law.
7.4.             If the user has the right to cancel the transaction according to the Consumer Protection Law, they may do so by means of a cancellation notice delivered to the company or a request to replace the products (together hereinafter: "the Notice") in one of the following ways:
7.4.1.                By phone: 055-9903739
7.4.2.                By email:   info@speedianceisrael.co.il
7.4.3.                By registered mail: 14 Rav Yiba Saba St., Beit Shemesh
7.4.4.                On the dedicated page on the website: ____________________________ [Link to cancellation page]
7.5.             In the notice, the user will provide their full name and ID number, and if the cancellation is made by phone, the last four digits of the payment method must also be provided.
7.6.             If the user requests to cancel the transaction after receiving the products, the user will return the products, at their own expense, to the company or via a courier on behalf of the company by arrangement and with an additional payment. If the user chooses to return the products via a courier on behalf of the company, the user will coordinate the courier's arrival time with the company. The shipping fee via the company's courier is in accordance with the shipping policy. The company may update the shipping fees as mentioned from time to time without prior notice.
7.7.             Notwithstanding the above, if the cancellation was due to a defect or fault in the product and in accordance with the provisions of the Consumer Protection Law, the company will collect the products from the place where they were delivered to the user. The user will coordinate the collection date of the products with the company by contacting the company as detailed in section 7.4 of the terms of use above.
7.8.             It is not possible to exchange or return a single item sold as part of a kit and/or set. Cancellation of the transaction will only be possible for the entire kit and/or set.
7.9.             The company will refund the user within 14 days of receiving the notice, the portion of the transaction price paid by the user for the products and will cancel the charged amount.
7.10.           The company will be entitled to charge the user a cancellation fee of 5% of the transaction price or 100 NIS, whichever is lower, provided that the cancellation was not due to a defect or fault in the product and in accordance with the provisions of the Consumer Protection Law.  
7.11.           Transaction cancellation and refund will only be possible to the credit card used for the order on the website.
7.12.           The user's right to cancel a transaction does not derogate from the company's right to claim its damages in the event of a transaction cancellation and/or return of products if the company finds that their value has decreased, including as a result of deterioration or change in their condition while in the user's possession.
7.13.           It is clarified that the provisions of this chapter apply only to distance sales transactions conducted through the website. Products purchased directly at the company's branches are subject to the provisions of the Consumer Protection Law, 5741-1981, and the regulations enacted thereunder (including the Consumer Protection (Cancellation of Transaction) Regulations, 5770-2010), in accordance with the nature of the transaction and the product purchased.
8.              Cancellation of Order by the Company
8.1.             The company will be entitled to cancel the user's order, including if an error occurred in the order price, and at its sole and absolute discretion and for any reason whatsoever.
8.2.             The company will send the user a notice of cancellation of the order, will refund the user the portion of the transaction price paid by the user for the products and will cancel the charged amount (if and as paid).
9.              Promotions, Benefits and Discounts
9.1.             The company may offer promotions, benefits, discounts, etc., on the website from time to time and at its sole discretion, and may at any time discontinue, replace, modify, update or extend any of these, at its sole discretion and without prior notice.
9.2.             The user does not have an inherent right to enjoy promotions, discounts, benefits, etc. Any change in the order details or its price, for whatever reason, will lead to a re-examination of the user's eligibility for the promotion, benefit, or discount.
9.3.             In the event of a transaction cancellation for a product purchased on promotion or using a benefit, the amount refunded, if the user is entitled to a refund, will be the amount actually paid (i.e., after the promotion or benefit was redeemed).
9.4.             Notwithstanding section 10.3 above, products purchased under "special sale" conditions (e.g., 1+1 and/or with benefits) will be returned under the same purchase conditions (by returning all products). If only some of the products are returned, the refund and/or credit voucher (as applicable) will be given in accordance with the proportional discount actually given for the product at the time of purchase.
9.5.             For the avoidance of doubt, the prices, discounts, promotions and benefits published on the website may differ from those offered in the company's branches, and vice versa. Publication on the website does not constitute a commitment to prices or promotions in the branches, and publication in the branches does not constitute a commitment to prices or promotions on the website. The terms for each sales channel apply separately and are not cumulative.
10.           Liability
10.1.           The company and anyone acting on its behalf shall not be liable and shall not bear any damages of any kind whatsoever, direct, indirect, consequential or special, caused to the user, to the user and to a third party, in connection with the use and/or order through the website – whatever the cause of action – including loss of income and/or prevention of profit caused for any reason whatsoever.
10.2.           The company makes efforts to ensure that the information displayed on the website is accurate, and invests efforts in publications such as articles, recipes, etc. However, it is clarified that inaccuracies or errors may appear in the information. The company will not be liable for such inaccuracies or errors.  
10.3.           Without derogating from the generality of the foregoing, should a clerical error occur in the description of the color and/or in the appearance of the color, and/or should there be a difference between the product color and how the color appears on the screen, this shall not obligate the company. The colors on the website are for illustrative purposes only, and there may be differences between the colors displayed on the website, some or all of them, and the actual product colors.
10.4.           The product images and/or size guide on the website are for illustrative purposes only and are not binding on the company. It is clarified that there may be differences between the sizes displayed on the website, some or all of them, and the actual product sizes, and the user hereby waives any claim and/or demand and/or lawsuit in this regard.
10.5.           The company shall not be liable for any damage, loss, disappearance or expense, of any kind whatsoever, direct and/or indirect, caused and/or to be caused to the user as a result of using the website, placing an order, purchasing products, using products and everything related thereto.
10.6.           Should a court determine, despite the provisions of section 10 above, that the company bears any liability towards the user, then the company's liability in connection with these terms of use and by law, including but not limited to liability for loss, damages, remedies, costs and expenses (including reasonable attorney's fees) shall be limited to direct damages only caused solely by the company and anyone acting on its behalf, and the cumulative total liability of the company and anyone acting on its behalf shall not exceed the actual consideration paid by the user for a product purchased from the company for which the claim was filed. Without derogating from the foregoing, the company shall not be liable for any indirect, consequential, special and/or punitive damages.
11.           Product Warranty
11.1.           The company provides a warranty for products, in accordance with the provisions of the law.
11.2.           The warranty certificate can be viewed at the following link: __________
11.3.           The user acknowledges that the products marketed on the website are manufactured by a third party (hereinafter: "the Manufacturer"), and that the company acts solely as a marketer and importer of the products and is not responsible for their manufacture, software development, or the operation of accompanying digital services (applications, software updates, online training programs, digital content, etc.). For the avoidance of doubt, the responsibility for the proper functioning of the application, cloud services, and digital content rests solely with the Manufacturer, and the company does not guarantee the availability, quality, or continuity of online services.
12.           Indemnification
The user hereby undertakes to indemnify the Company and anyone on its behalf against any damage, loss, liability, claim or demand, including legal expenses and attorney's fees, caused by the user and/or any third party due to the user's unlawful use of the website and/or breach of any of the terms of use.
13.           Sending advertisements, newsletters, and direct mail
13.1.           The Company offers the user to receive newsletters, information about benefits, promotions, discounts, and marketing information from the Company, both regarding the Company's services and regarding benefits offered by the Company as part of collaborations with third parties, for the provision of service on their behalf, if relevant, including advertisements as defined in the Communications (Telecommunications and Broadcasts) Law, 5742-1982 (hereinafter: "the Notices" and "the Law" respectively). The user's consent to receive the Notices constitutes explicit consent to receive advertisements from the Company in accordance with the provisions of the Law.
13.2.           By filling in the details on the website, the user gives their explicit consent to receive the Notices through all electronic means, including fax, automatic dialing system, email, SMS, and more. It is clarified that the user may withdraw their consent to receive the Notices at any time, by contacting the Company in writing.
13.3.           For the avoidance of doubt, the user will only provide their contact details to the Company.
14.           Cessation of Website Activity
The Company reserves the right to cease, at any time, for a fixed period or permanently, at its sole discretion, the activity of the website and/or the sale of products through it, and the user shall have no claim and/or demand against the Company in connection with the foregoing.
15.           Intellectual Property
15.1.           All intellectual property rights in the website, including patents, copyrights, designs, methods, and trade secrets, are the sole property of the Company. These rights apply, among other things, to the graphic design of the Company's website, its databases (including product lists, product descriptions, etc.), the website's computer code, its internet address, and any other detail related to its operation.
15.2.           No information from the website (including trademarks, images, texts, and computer code) may be copied, reproduced, distributed, sold, marketed, or translated without the explicit prior written permission of the Company.
15.3.           No commercial use may be made of the data published by the Company, the Company's database, the product lists appearing therein, or other details published by the Company without the explicit prior written consent of the Company.
15.4.           Icons, all information and/or displays appearing on the website, including graphics, design, verbal presentation, trademarks, logos, as well as their editing and presentation, are the exclusive property of the Company. Any use of this property of the Company shall be made only in accordance with the provisions of these terms of use.
15.5.           No use may be made of any trademark or design of a product or model appearing on the website or photographs on the website that are protected intellectual property, both under Israeli law and under international conventions to which the State of Israel is a party.
16.           Sending documents to the user
16.1.           The Company will be entitled to send the user documents related to the order, including financial documents, electronically and through technological means (including via the email address the user provided to the Company, SMS, messages, and more).
16.2.           These documents include, among others, tax invoices, receipts, documents the Company is required to send to the user according to the Consumer Protection Law, and more. The user's use of the website constitutes consent to receive such documents electronically as stated in this section.
17.           Prohibited Uses
The following actions are prohibited, and the user is not allowed (and is not allowed to permit any third party) to perform the following actions:
17.1.           To use the website and/or content for any illegal, immoral, unauthorized and/or prohibited purpose.
17.2.           To use the website and/or content for commercial or non-private purposes.
17.3.           To remove or separate from the content and/or the website any restrictions and signs indicating proprietary rights of the Company or its licensors, including all proprietary notices appearing therein (such as ©, TM or ®).
17.4.           To infringe and/or violate users' privacy rights and other rights, or to collect personal information about users, whether manually or through the use of any robot, spider, crawler, any search or retrieval application, or the use of any other manual or automatic means, process or method to access the website and retrieve, collect and/or extract information.
17.5.           To damage or disrupt the operations of the website or the servers or networks hosting the website.
17.6.            To perform any action that creates or may create a heavy load on the website's infrastructure.
17.7.           To circumvent the measures the Company uses to prevent or restrict access to the website.
17.8.           To copy, correct, modify, adapt, transmit, make accessible, translate, refer, reverse engineer, convert binary code to open code, decompile, or separate any part of the content or the website, or publicly display, create derivative works, perform, distribute, sublicense, make any commercial use, sell, rent, transfer, lend, process, collect, combine with other software – of any material subject to the Company's proprietary rights, including the Company's intellectual property.
17.9.            To sell, license, or exploit for any commercial purpose any use of or access to the website.
17.10.        To violate the terms of use or any part thereof.
17.11.        To violate any law in connection with the use of the website.
18.           Breach of Terms of Use
Should the Company have reason to suspect that a user has violated any of the terms of use, the Company shall be entitled, at its sole discretion and without prior notice, inter alia, and without derogating from the generality of the foregoing, to block the user's access to the website; to cancel the user's order and/or to demand and/or claim from the user any remedy to which it is entitled by law.
19.    Links to other websites
The website may offer links, hyperlinks or banners to other websites, which the Company does not monitor or examine, their reliability and legality and everything related to their security. Therefore, the Company shall not bear any liability and is exempt from any responsibility in connection with any damage, loss or expense, of any kind or type, whether direct or indirect and/or circumstantial and/or consequential, which have been caused and/or will be caused to the user and to a third party, due to the use of the website and/or such web pages and/or the content published therein.
20.    Governing Law and Jurisdiction
The terms and provisions detailed in the terms of use, as well as any change or amendment thereof, as well as the use of the website, shall be governed by the laws of the State of Israel without reference to its conflict of laws provisions. The exclusive jurisdiction in connection with any dispute and/or claim that may arise in connection with the use of the website or related thereto is hereby conferred upon the courts of Tel Aviv-Jaffa.
21.    Additional Terms
21.1.           If any provision of these terms of use is determined by a court of law to be illegal and/or invalid, despite the parties' intent, this shall not invalidate the remaining provisions of these terms of use and/or the parts of that provision that were canceled and/or limited by the court. In other words, if a term of these terms of use is found to be illegal, void, or unenforceable, that term will be removed from the terms of use, and its removal will not affect the legality and validity of the remaining terms of use.
21.2.           Prices on the website include VAT, where applicable.
21.3.           These terms of use do not derogate from any right granted to the Company by law.
21.4.           Waiver, failure to act on time, or granting of an extension shall not be considered a waiver by the Company of any of its rights under these terms of use or by law, and shall not prevent it or anyone on its behalf from making a claim, unless such waiver is made explicitly and in writing.
21.5.           The Company may, at its sole discretion, change the terms of use from time to time without the need for prior notice or warning. The updated terms of use published on the website will be binding on the user. The user's continued use after the terms are updated will constitute the user's consent to the updated terms, including any changes made.
 
 
Updated to October 2025.