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 Yiba Saba St., Beit Shemesh, Israel (hereinafter: "the Company").

1.2.             The provisions in the Terms of Use, Privacy Policy, and Cookies Policy document (hereinafter collectively: "the Terms of Use") shall apply to the use of the Website and shall constitute the legal basis for all matters 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 what is stated in the Terms of Use, they 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, discontinue or suspend the operation of the Website, in whole or in part, or amend or change its nature and content. The User shall have no claims against the Company for such changes.

1.5.             The terms of use on the website are intended for both women and men and are formulated in the masculine form for convenience only. 

1.6.             The chapter headings below are 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 the 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 contents is "AS IS", i.e., 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, amending, changing, reproducing, transmitting, displaying, publishing, transferring, selling, or distributing in any way by any user, without the Company's explicit prior written consent.

1.10.           In the event of 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 purposes 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 variety of products on the Website, and 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 the user declares that they are 18 years of age or older.

3.1.2.     The user holds a valid credit card duly issued by one of the credit card companies active in Israel.

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 that the user may order on the Website.

4.              Ordering Products on the Website and Website 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 their 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 out. 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 using 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 redirected to a special page where they can view the order confirmation, and an electronic notification with the order details, including the order number, will be sent to the email address entered by the user during the order placement.

4.4.             For the avoidance of doubt, verification of credit card details and receipt of payment confirmation from the credit card company to 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 purchased products 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 placing 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 the charge will be canceled by the Company. The user shall 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 terms.

4.7.             The Company may update the prices of products on the website from time to time and without prior notice. The valid price for an order placed is the price on the website at the time of placing the order. 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 do its best to fulfill orders placed in accordance with the provisions of the Terms of Use. If the Company failed to deliver 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 anyone on its behalf will deliver the order to the address in Israel entered during the order and in accordance with the shipping policy (hereinafter: "the Shipping Policy"), and subject to the user's address being within the Company's delivery areas.

5.3.             The delivery times stated in the shipping policy are estimated and will be counted from the date of order confirmation by the Company. There may be delays in delivery times, including those dependent on third parties such as the distribution company, which are beyond the Company's control, and the Company will not be liable for any delay/postponement in the delivery date of the products.

5.4.             If the shipment was not delivered for a reason related to the user, including but not limited to, due to incorrect and/or inaccurate details provided during the order and/or the user refused to accept the shipment, the Company shall be entitled to cancel the user's order.

5.5.             The Company shall not be liable for any delay or postponement in delivery and/or non-delivery of an order, caused by "force majeure" and/or by events beyond the control of the Company and/or the distribution company,wars, strikes, natural disasters, security incidents, epidemics, lockdowns, computer system failures, telephone system failures, email service failures, changes in security, health, and other situations and events beyond the control of the Company and/or the distribution company.

5.6.             The Company and anyone on its behalf may refuse to deliver an order to areas restricted from access for 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 of placing the order. 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 by one of the following means:

By phone or "WhatsApp" - 055-9903739 (Sunday – Thursday, between 09:00 – 18:00)

7.              Distance Sale Transaction 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: "the Consumer Protection Law"), the main points of which are presented below.

7.1.             A user who has made a transaction for the purchase of products on the website may cancel the purchase of the products, from the day of the transaction and up to 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 foregoing, a distance sale transaction cannot be canceled for: perishable goods (including, but not limited to, food products, flowers, medicines, etc.); accommodation services, travel, leisure, or entertainment - if the cancellation date falls within 7 non-rest days prior to the date the service is to be provided; information as defined in the Computers Law, 5755-1995; goods produced specifically for the user as a result of the transaction and goods that can be recorded, reproduced or duplicated, 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, the date of receipt of the products, or the date of receipt of the disclosure document (whichever is later), provided that the transaction included 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 sending a cancellation notice to the company (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 Rabbi Yiva Saba St., Beit Shemesh

7.4.4.                On the dedicated page on the website: Cancellation of a transaction

7.5.             In the notice, the user shall 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 wishes to cancel the transaction after receiving the products, the user shall return the products to the company at their own expense.

7.7.             Notwithstanding the above, if the cancellation was due to a defect or malfunction 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 specified 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 to 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 paid charge.

7.10.           The company will be entitled to charge the user cancellation fees of 5% of the transaction price or 100 NIS, whichever is lower, provided that the cancellation was not due to a defect or malfunction 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 damages in case of 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 from 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 (Transaction Cancellation) Regulations, 5771-2010), in accordance with the nature of the transaction and the purchased product.

8.              Cancellation of the order by the company

8.1.             The company shall be entitled to cancel the user's order, including but not limited to, if there was an error in the order price, and at its sole and absolute discretion 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 paid charge (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, change, 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 benefit from 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 the purchase of a product bought on promotion or using a benefit, the amount to be refunded, if the user is entitled to a refund, will be the amount actually paid (i.e., after the promotion or benefit was applied).

9.4.             Notwithstanding the provisions of section 9.3 above, products purchased under "special sale" conditions (e.g., buy one get one free 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 provided according to 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 for any damage of any kind or type, 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 may be – including loss of income and/or loss of profit caused for any reason whatsoever.

10.2.           The company makes efforts to ensure that the information presented on the website is accurate, and invests efforts in publications such as articles, recipes, and more. However, it is clarified that inaccuracies or errors may appear in the information. The company will not be liable for any such inaccuracies or errors.  

10.3.           Without derogating from the generality of the foregoing, if a clerical error occurred in the description of the color and/or in the appearance of the color, and/or there is a difference between the color of the product and how the color appears on the screen, this shall not obligate the Company. The colors on the website are for illustration purposes only and there may be differences between the colors displayed on the website, some or all of them, and the actual colors of the products.

10.4.           Product images and/or the 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 bear any responsibility for any damage, loss, or expense, of any kind or type, direct and/or indirect, caused and/or that may be caused to the user as a result of using the website, placing an order, purchasing products, using products, and anything related thereto.

10.6.           If, notwithstanding the provisions of section 10 above, a court determines that the company has any liability towards the user, then the company's liability in connection with these terms of use and according to law, including but not limited to liability for loss, damages, remedies, costs, and expenses (including reasonable attorney's fees) will be limited to direct damages only caused by the company and anyone acting on its behalf only, and the total accumulated liability of the company and anyone acting on its behalf will not exceed the total consideration actually 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 whatsoever.

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: Product Warranty

11.3.           The user is aware that the products marketed on the website are manufactured by a third party (hereinafter: "the Manufacturer"), and that the company acts as a marketer and importer of the products only 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 the online services.

12.           Indemnification

The user hereby undertakes to indemnify the company and anyone acting 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 on 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 services on their behalf, where 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 out the details on the website, the user gives their explicit consent to receive the notices by all electronic means including fax, automatic dialing system, email, short message, 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 shall only provide their own contact details to the company.

14.           Cessation of Website Activity

The company reserves the right to cease the operation of the website and/or the sale of products through it at any time, for a fixed period or permanently, at its sole discretion, 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 on 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 (icons), any information and/or display appearing on the website, including graphics, design, verbal presentation, trademarks, logos (logo), as well as their arrangement and presentation, are the exclusive property of the company. Any use of this company property shall be solely in accordance with the provisions of the 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 in photographs on the website that are protected intellectual property, both by virtue of Israeli law and by virtue of 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 documents related to the order to the user electronically and by technological means (including via email address provided by the user to the company, SMS, messages, and more), including financial documents.

16.2.           These documents include, among others, tax invoices, receipts, documents that 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 permitted (and is not permitted to allow 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 violate and/or infringe the privacy rights and other rights of users, or to collect personal information about users, whether manually or by using any robot, spider, crawler, any search or retrieval application, or by using any other manual or automatic means, process or method to access the website and retrieve, collect and/or extract information.

17.5.           To damage and disrupt the operation of the website or the servers or networks hosting the website.

17.6.            To perform any action that creates or may create a large load on the website's infrastructure.

17.7.           To bypass the measures used by the company to prevent or limit access to the website.

17.8.           To copy, correct, modify, adapt, deliver, make accessible, translate, refer, reverse engineer, convert binary code to open source 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 and any part thereof.  

17.11.        To violate any law regarding the use of the website.

18.    Breach of Terms of Use

If the company has reason to suspect that a user has breached any of the terms of use, the company will be entitled, at its sole discretion and without prior notice, among other things and without derogating from the generality of the foregoing, to block the user's access to the website; cancel the user's order and/or demand and/or claim from the user any remedy to which it is entitled by law.

19.    Links to Websites

The website may offer links, hyperlinks, or banners to other websites, which the company does not supervise or examine, their reliability and legality, and everything related to their security. Therefore, the company will not bear any liability and is exempt from any responsibility in connection with any damage, loss, or expense, of any kind or type whatsoever, whether direct or indirect and/or consequential and/or resulting, which was 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 thereto, and also the use of the website, will be governed by the laws of the State of Israel without reference to its conflict of laws provisions. The jurisdiction in connection with any dispute and/or claim that may arise in connection with or related to the use of the website is exclusively granted to the courts in Tel Aviv-Jaffa.

21.    Additional Terms

21.1.           Insofar as any provision of these terms of use is determined by the court to be illegal and/or invalid, despite the parties' intention, this will not nullify the other provisions of these terms of use and/or the parts of that provision that were nullified and/or reduced by the legal authority. 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 in 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 serve as a bar to a claim by it or on its behalf, unless such a 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 prior notice or warning. 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 agreement to the updated terms, including the changes made.  

 

 

Updated to November 2025.