Introduction and Definitions

1. This Website (“the Website”) is owned and operated by David and Goliath Wine and Gourmet Ltd. (brand: FIVE STONES Winery, hereinafter “the Winery”), registration number 515466142, based in Ramat Gan, Israel. The Website functions as a “virtual store,” enabling users to browse and purchase displayed products using any computer or other communication devices, including mobile devices.
2. Definitions in these Terms (“Terms”):
   1. User: A person meeting the following criteria:
      1. (2.1.1) A member of the FIVE STONES Vineyards Customer Club.
      2. (2.1.2) An Israeli resident aged 18 or older, or a legally registered
      3. (2.1.3) Holds an active email address.
      4. (2.1.4) Holds a valid credit card.
   2. Products: All items listed for sale on the Website.
3. Website Use: Activities including ordering or purchasing products or utilizing services offered, such as:
   1. (2.3.1) Browsing and viewing content.
   2. (2.3.2) Purchasing products.
   3. (2.3.3) Subscribing to the newsletter.
4. Order Delivery Address: The address provided by the User for order delivery.
5. Order Completion Date: The date the credit card company approves the User’s transaction.
6. Delivery Date: The date the products are delivered to the specified address.
7. Business Days: Sunday through Thursday, excluding Fridays, Saturdays, memorial days, holiday eves, and holidays.

General Provisions

1. These Terms define your rights and obligations when using the Website and ordering products displayed on it. Please read carefully, as they constitute a binding agreement between you and the Winery. These Terms apply to any use of the Website, whether by desktop or other communication devices.
2. The Winery reserves the right to terminate the Website’s activity at its discretion, with no prior notice.
3. The Winery may block access or restrict actions on the Website if the User has acted inappropriately or contrary to these Terms or the law, or attempted to interfere with the Website’s proper functioning.
4. If the User decides to unsubscribe from the newsletter, they can follow the instructions provided in the communication or contact customer service.
5. For questions about delivery, contact trade@5svy.com or call 074-703-0400.
6. Section headings are for convenience only and do not affect interpretation.
7. Terms are written in masculine form but apply equally to all genders and individuals.

Use of the Website

1. Transactions on the Website are only allowed for individuals aged 18 or older. Selling alcoholic beverages to those under 18 is prohibited by law and constitutes a criminal offense. If you or the intended recipients are under 18, do not use the Website or place orders.
2. The Winery may require the recipient of the delivery to show proof of age. If identification cannot be provided, the Winery may cancel the transaction without any claims against it.
3. When placing an order, Users will be prompted to review these Terms and the Winery’s privacy policy. By placing the order, the User consents to these Terms. If you disagree with these conditions, please refrain from using the Website.
4. The Winery’s records regarding Website use and activities conducted through it shall serve as evidence of the stated actions.
5. The User declares they will not use the Website or its content for commercial purposes or any purpose not authorized by the Winery in advance and in writing.
6. Registration to the Winery’s Customer Club is limited to one account per User. The Winery reserves the right to delete or suspend duplicate accounts.
7. The User agrees to refrain from any actions that may harm the Winery’s reputation, including Website use that could damage the Winery’s good name.
8. The Winery may, at its sole discretion, modify the list of products offered on the Website as well as the Website’s structure, without prior notice.
9. The Winery reserves the right to launch promotions or limited-time offers, based on its sole discretion.

Pricing and Purchase Process

1. It is clarified that images on the Website are for illustration purposes only and do not bind the Winery. The Winery will make efforts to ensure that images accurately reflect the products offered; however, should there be any discrepancy, the User shall have no claim against the Winery regarding misleading information.
2. Prices listed on the Website (including shipping fees) include VAT as required by law, unless otherwise specified.
3. Prices of products and shipping rates listed on the Website are subject to change, and the Winery reserves the right to modify them at any time without prior notice. The price charged to the User is the one displayed on the Website at the time of order completion, including payment details and order confirmation.
4. The Winery reserves the right to update product prices and shipping rates, and to discontinue, modify, or replace promotions, benefits, and discounts without prior notice.
5. Although the Winery verifies prices on the Website, an error may occur causing an incorrect price to be displayed. In such cases, we will contact you after placing your order to inform you of the correct price, allowing you to confirm whether you wish to proceed with the purchase. If you choose not to purchase the product at the correct price, the Winery will not be obligated to provide it, and you shall have no claims against the Winery.
6. The Winery does not guarantee that product prices on the Website are necessarily the lowest, nor that payment terms are the most favorable.
7. Purchases on the Website are made using an order form, where the User selects the products, they wish to purchase.
8. To use the Website, including purchasing products, the User must be a member of the Winery’s Customer Club.
9. When placing an order, the User is required to fill out basic details in the order form, such as name, email address, delivery address, credit card information, and more.
10. Upon completing the order, the Winery will verify credit card details. Once the credit card company approves the transaction, the order will be confirmed, and the User will receive a confirmation email. If the transaction is not approved, the User will be notified and requested to provide another payment method. The order will only be finalized upon credit card company approval of the new payment method.
11. If the Website allows for payment via PayPal, the User must enter their PayPal account details or open an account. Payment for products will be collected after PayPal approval, subject to the terms and policies of PayPal. The User will have no claims against the Winery regarding this process.
12. Notwithstanding the Website display, actual order fulfillment by the Winery depends on product availability in the Winery’s stock at the time.
13. The Winery emphasizes that there may be instances where a product displayed as in stock is unavailable for supply. In such cases, the Winery or the User may cancel the order via email or phone call. The User will be refunded for any unavailable product that was ordered and paid for.
14. Upon order completion, the Winery will notify the User via email, text message, or phone call (at the Winery’s discretion) that order details have been recorded in the Winery’s system (“Order Confirmation”). Confirmation indicates that order details were received by the Winery, but it does not obligate the Winery to supply the products. If products are not supplied and the User’s credit card has been charged, the User will be refunded for any unsupplied products.

Shipping and Delivery

1. The Winery may offer the User a promotional coupon, redeemable within a specified timeframe at the Winery’s discretion. The coupon may be applicable to a select group of products and not to all items on the Website. Coupons are personal and non-transferable. Additionally, only one coupon may be used per transaction.
2. During the ordering process, the User must select a delivery address from the Website’s “Delivery Zones” list. Delivery of products purchased on the Website is available only to addresses within the distribution area, provided there are no technical, security, or other obstacles to product delivery.
3. If the order is placed before 14:00 on a business day, it will be processed within five business days. Orders placed after 14:00 will be processed on the next business day.
4. Delivery to the specified shipping address incurs a fee, which is charged at the time of order placement. For orders made in installments, shipping fees may be included in the first payment. The User acknowledges that product delivery will be conducted by a courier company of the Winery’s choosing, with fees displayed during the order process and collected at the time of purchase.
5. Delivery times may vary, and the User acknowledges that the Winery is not responsible for delays caused by the courier. Users acknowledge that:
   1. (37.1) Product delivery times depend on the schedule of the courier service, coordinated with the courier, and any delay is solely the responsibility of the courier service. The Winery shall not be responsible for delays or failure in delivery due to the following:
      1. (37.1.1) Force majeure events, including but not limited to war, hostilities, natural disasters, pandemics, emergencies, or labor strikes.
      2. (37.1.2) Incorrect, inaccurate, or incomplete information provided by the User. If incorrect information is provided and products are returned to the Winery, the User will be charged for re-shipping and handling.

Intellectual Property

1. The Winery will not deliver on Fridays, Saturdays, memorial days, holiday eves, and holidays.
2. All intellectual property rights to the Winery’s name, domain, trademarks, logos, promotional materials, and Website design belong exclusively to the Winery. Use is prohibited without prior written consent.
3. Displaying the Website within any other frame (iframe) or linking to pages within it, aside from the home page, is prohibited.

Liability and Indemnification

1. The User assumes all responsibility for using the Website and its contents. No claims of any kind may be made against the Winery for any loss or damage arising from use of the information provided.
2. The service and content are provided “as is,” and the Winery does not guarantee adaptation to specific User needs. The User waives any claim or demand related to service or content characteristics, limitations, or suitability.
3. If the User uses the Website contrary to these Terms, the Winery will not bear any liability for resulting damages.
4. If the User violates these Terms, they agree to indemnify the Winery and its affiliates against any loss or expense resulting from such a violation. This indemnification also covers any third-party claims arising from misuse of the Website.
5. The Winery is not responsible for external content linked on the Website, including other websites that may be referenced.
6. The Winery does not guarantee that the Website and its services will be available continuously, without faults, or disruptions. It is not liable for Internet network or communication line failures.
7. The Winery’s liability for any damages is limited to the price of products purchased by the User and excludes indirect or consequential damages.
8. In any case, the Winery’s liability shall not exceed the value of the products purchased by the User, and the Winery shall not be liable for any indirect or consequential damages.

Miscellaneous

1. The Winery reserves the right to change or update the Terms at any time. The latest version of these Terms on the Website is binding.
2. Failure to enforce any right does not constitute a waiver of enforcement of that right. If a court finds any provision of these Terms invalid or unenforceable, the remaining provisions shall remain in force.
3. These Terms and any related disputes are governed by Israeli law, with exclusive jurisdiction granted to the competent courts in Tel Aviv.