Terms and Conditions

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TERMS & CONDITIONS

 

This are the terms of use for the internet website of Bananhot Ltd., operating under the domain name www.bananhotbikinis.com (or any other domain name), that is operated and managed by Bananhot Ltd., P.C. 515454882 of 118 HaYarkon St., Israel (hereinafter –  “Bananhot”). Use of the Website is subject to the terms and conditions detailed in this document, as they are worded at the time of use (hereinafter – the “Terms”).

As you may see, the Terms include headlines for the provisions contained herein – their purpose is to make the Terms more accessible, but they have no legal effect.

  1. Read it through: before using the Website, you need to read these Terms carefully and thoroughly, as the terms are a binding legal agreement between you and Bananhot, and will be the legal basis for any legal or other discussion between you and Bananhot regarding the Website and your use of it.
  2. Use means consent: The use of the Website means consent to these Terms and to the rest of the conditions that appear or will appear on the Website at the time of your use. If you do not agree to any of these Terms or to any of the additional conditions on the Website, if any, please refrain from making any use of the Website.
  3. We're selling swimsuits here: Bananhot sells on the Website the swimsuit products under the BANANHOT brand (hereinafter - the “Products” or the “Branded Products”). In this context, Bananhot provides information about the Branded Products, and makes it possible to purchase Products through the Website. The right to use the Website is given for a private and personal use only, and for legal purposes only.
  4. About the Products on the Website: The Products displayed on the Website are intended for consumers, for use that is primarily personal, domestic or familial. Products may not be purchased on the Website as part of a wholesale purchase, and Products may not be purchased for resale and/or redistribution, directly or indirectly.
  5. Everything is subject to stock: Bananhot cannot guarantee that the Products displayed on the Website will be available continuously and regularly. Bananhot may change the list of Products displayed on the Website at its discretion – whether by way of addition or by way of temporary or permanent removal, by updating the Products, by replacing them, by removing Products that are out of stock, by adding or removing sizes and/or colors and so on, all at its sole discretion and without providing any notice. Notwithstanding the foregoing, Bananhot may update the prices of the Products on the Website, the shipping charges charged by it, the delivery dates and any other data, all subject to its sole discretion and without prior notice, provided that such a change will not apply on an order that was already completed and that the payment for which was already transferred.
  6. The images are for illustration purposes: The images of the Products that are displayed on the Website are provided for illustration purposes only. Although Bananhot makes an effort to have these images illustrate the Products as much as possible, due to the fact that the Products are displayed on a screen (such as a computer monitor or a mobile phone), there may be differences between a given Product’s appearance on the Website and its actual appearance.
  7. You can only buy Products that are in stock: Purchasing products through the Website is subject to the existing stock in Bananhot's warehouse. You cannot purchase a product that is marked as being out of stock.
  8. Prices do not include shipping: The prices stated on the Website are valid at the time of their presentation only. They do not include shipping fees (which will be added to each order), unless otherwise stated.
  9. Promotions and Benefits: Bananhot may, at its sole discretion, offer, from time to time, promotions, or give discounts on the Brand’s Products. Bananhot alone will decide what the terms of such promotions and discounts will be, including when they will start and when they will end (immediately from the date of its decision and without prior notice). As a rule, it will not be possible to enjoy more than one discount and/or promotion on the Products sold on the Website.
  10. Provision of details for purchase: In order to purchase Products on the Website, you will need to provide your user information on the Website, on which our Privacy Policy will apply. After the initial sign up with the Website and the creation of an account thereon, you will be able to quickly make repeat purchases without providing your user information again each time (among other things).
  11. Signing up to the Website: In order to sign up with the Website, you will need to provide your user information and choose a username and a password for future logins. You must safeguard your username and login password, as any use of the Website under your credentials (including any information provided and any action or transaction made using them) will be deemed to have been made by you. Upon your signing up with the Website, you hold Bananhot and its representatives harmless from any liability or responsibility for any unauthorized use made with your username and password (including breach of privacy, any abuse made using your user information and any other injury caused to you or to your property as a result of such use).
  12. Complete and accurate information, please: Provision of the user information is a prerequisite for making a purchase on the Website. In order to have the order supplied in a quick, efficient and error-free manner, it is important to make sure that you provide all required information in a complete and accurate manner. Bananhot does not check the user information, and is not responsible for incorrect, partial or inaccurate information entered on the Website by the user – the responsibility is on you.

Please note that knowingly providing false information may amount to a criminal offense. Providers of false information may be subject to both civil and criminal legal actions, including claims for torts performed and for damages caused to the Website’s operator due to a disruption of the Website’s operation.

  1. Purchase with a credit card: After providing the user information (for a one-time purchase) or signing up for an account for a registered client, it will be possible to purchase products on the Website. Such purchase will be performed using a credit card- either a Visa, a MasterCard or an American Express, subject to the approval of the transaction by the credit card company, or through a PayPal account.
    • If the credit card company will not approve the transaction, Bananhot will send you a notice to the email address you provided on the Website, and the credit card or PayPal account (as applicable) will not be charged.
    • If the credit card company approves the transaction, Bananhot will send you a notification that the transaction has been completed, and the credit card or your PayPal account will be charged.

It is clarified and emphasized that the sending of an email regarding the creation of the order in Bananhot’s computer system does not constitute evidence of the completion of the operation and the sending of such an email does not oblige it. It is clarified that Bananhot’s computer system’s records, which include a computerized and automatic recording of all operations on the Website will serve as a prima facie evidence.

  1. The Products come to you: Orders from Bananhot’s warehouse will be processed within 7 business days from date of purchase.
  2. Taxes may apply: for non-U.S. countries, orders are sent with duty and taxes unpaid. Bananhot recommends that you check the customs laws of your country as to understand what additional fees may apply. For the U.S., as far as we know, orders up to USD 800 are duty-free when imported to the USA, however, Bananhot recommends that you check the customs laws of your country as to understand what additional fees may apply.

Taxes and duties are not included in your final purchase price when Bananhot ships to you, due to an international trade agreement known as DDU (Delivery Duties Unpaid).

Since any taxes will be determined by your local customs authority, we are unable to advise the amount you will need to pay, but you can contact DHL directly for an estimation. You – and not Bananhot – will be solely liable for all customs charges applied to your delivery upon its arrival in your country. Should you request an exchange, you will also be responsible for taxes and duties on the replacement item.

  1. How we ship and how much it’ll cost: all shipments will be made via DHL. Below you can find some select locations, and the timing and costs thereof:
    • To Europe, the cost is USD 20, and the shipping time is between 2 and 3 days;
    • For the U.S. and Canada, the cost is USD 20, and the shipping time is between 2 and 5 days;
    • For Australia, the cost is USD USD 20, and the shipping time is between 4 and 7 days;

We do not ship to P.O. addresses.

Estimated delivery times are as provided to by the courier company. Bananhot shall not be liable for any delay in delivery.

  1. Don’t forget to pick up your order: It is your responsibility to accept and/or collect your order upon delivery. USD 40 will be deducted from the total refundable amount on shipments that were not accepted or collected.
  2. The courier company will be allowed to contact you (including through a phone call or sending a text message) to coordinate the arrival of Products or the collection of Products, as the case may be.
    • Bananhot will not bear any responsibility in the case that the supply of Products is prevented or delayed or in the case that it will not be possible to submit orders through the Website as a result of a force majeure Bananhot will inform you, to the extent that it is able, of the occurrence of a force majeure event and will allow you to cancel the order (with a full cash credit and no cancellation fee) or wait for the Product to be supplied until the end of the force majeure event. In any case it is clarified that in the event of cancellation of an order due to a force majeure event, Bananhot will not be liable and will not be responsible to any damage of any kind as a result thereof.

For the avoidance of doubt, “force majeure events in these Terms include all events included within the accepted meaning of this term, and without derogating from the generality of the above said also include closures as such are imposed on shipping operations as a result of pandemics (such as Covid-19) or other restrictive government provisions.

  1. It is noted that the supply of the Products may require the presentation of the identity card of the customer and the presentation of the order confirmation, as will be provided from the order system for the execution of a transaction at the sole and absolute discretion of Bananhot. It is agreed that Bananhot and/or anyone on its behalf will be entitled to require any additional means of identification, at their discretion, as a condition for the supply of the Products to the customer.
  2. All sales are final: Bananhot does not offer cancellations and/or refunds, but you can exchange the Products you purchased through our warehouses, as follows:
    • You must request an exchange via email at bananhot@gmail.com within 5 days of receiving your Product, with that exchange being for another Product, depending on availability – we cannot guarantee a specific size or style will be available for exchange. If the size and/or style you request are not available, you will be given credit to use at our Website.
    • There is no restocking fee or exchange fee.
    • Once you receive an email confirmation that we received your request we will send you by email DHL return form.
    • Then follow our exchange instructions below:
      • Print DHL return forms then call them for pick up, when it will arrive to our wear house we will credit your account for the returned bikinis.
      • Please make a new purchase order with the correct sizes.
      • if you d'ont want to make new purchase we will deduct 20$ from your refund to cover DHL return fee.
  • All items sent for exchange must have tags and liners in place.
  • Due to health regulations, Products that are soiled, worn, damaged, or laundered will not be accepted.
  • We will process your return within 1-5 business days once received.
  • Any price difference between the returned Product(s) and the Product(s) selected for the exchange must be paid by you.
  1. Observe the instructions for use: Bananhot swimwear is constructed of the finest fabrics and trim and is extremely delicate in nature. While most of our swimwear can be worn in pool or ocean water, it is not intended for strenuous water activity or long periods of time in heavily chlorinated water. All swimwear should be hand washed in cold water with very mild soap. Lay flat or hang to dry. Care instructions are printed on the tag of each swimsuit.
  2. No warranty: Bananhot has a no warranty policy – once tags are removed from the Products, we are not responsible for any damage that may occur. Bananhot swimwear is delicate and will display normal “wear and tear” over time.
  3. Limited time for repairs: In the unlikely event that a Product includes a manufacturing defect, you may return it within that period of 30 days to be repaired. We will not fix color fading, burring/pulling, lack of elasticity, fabric deterioration or color running. If you follow the care instructions, you will not have these problems. We will pay for the shipping to and from us on all valid repairs – please send us an e-mail and we'll let you know what to do.
  4. Mistakes may happen: Bananhot will take all reasonable measures to ensure that the information appearing on the Website is correct, however errors or mistakes may be made, and these will be corrected as soon as possible. If you encounter such an error, please let us know. The price quoted on the Website is the determining price.

If you have placed an order, and the confirmation message states a price that is different from the price stated on the Website, Bananhot will contact you before sending the order, and make sure that you are willing to pay the correct price as stated on the Website. If the price included in the confirmation message is lower than the price on the Website, you will be able to purchase the relevant Product for the price on the Website, or cancel the order. As long as you choose to cancel the order, you will not be charged a cancellation fee, and you will receive a full credit for the amount paid by you (to the extent it was paid) for the Product. To the extent that the price on the Website is lower than the price mentioned in the confirmation message, you will be charged the lower price. Beyond that, Bananhot will not bear any responsibility for inaccuracies and/or errors and/or mistakes on the Website.

  1. In some cases, a product that appears on the Website may become out of stock near the time of purchase on the Website, but without the Website being duly updated. In this case, Bananhot will contact you and give you the option to purchase an equivalent alternative Product. If you are not interested in this, the order will be canceled, you will receive the full amount of the order and you will not be charged a cancellation fee.
  2. Customer Service: For information and inquiries about the Website and those with respect to ordering and purchasing Products on the Website, you may contact the customer service department at Bananhot, the details of which are as follows: Tel: +972-545629044 on business days (Sunday to Thursday) from 8:00 to 20:00; and bananhot@gmail.com. When inquiring, please note your telephone number for the purpose of getting back to you, as well as your order number, if applicable.
  3. Limitation of Liability: Notwithstanding anything stated in any law or agreement, with respect to the purchase of Products on the Website or the use thereof, it is clarified that Bananhot will be liable for direct damages only, and will not be liable for any indirect, consequential, special or punitive damages caused to you or to any third party (including loss of income, loss of data, costs incurred in the purchase of a replacement product, loss of profit, etc.). This limitation of liability shall apply in respect of any claim of any kind. The limit of Bananhot’s liability for compensation for direct damages (except for bodily injury) shall not exceed the cumulative amount actually paid to Bananhot for the order establishing the cause of action.
  4. Your Commitment: When you use the Website, you represent, warrant and undertake to refrain from performing any of the following, either directly or indirectly:
    • Any action that imposes an unreasonably or disproportionately heavy burden on the Website and/or the infrastructure associated with it;
    • Any use of the Website for an illegal purpose (including, without derogating from the generality of the aforesaid, making idle orders and/or purchases whose purpose is fraudulent), which will interfere, disrupt, change, destroy, damage, restrict, sabotage or affect in any other way the proper operation of the Website in any way, including without derogating from the aforesaid generality, planting viruses, worms, trojans, spyware, malware or any other means or technology that destroys or otherwise disrupts. Without derogating from the aforesaid, no use may be made, no action may be taken, and no interference may be caused, in breach of the Computers Law, 5755-1995;
    • Forgery or impersonating another person, who is not a user. In this regard, it should be noted that providing false information may constitute a criminal offense;
    • Providing material or information concerning and identifying minors, their personal details or address and ways of contacting them;
    • Posting any content that infringes or injures the intellectual property rights of another, including copyrights, moral rights or trademarks, or any other material that may constitute or encourage the violation of any law in any way;
    • Use of the Website (including the content and Products displayed on it) for the purpose of performing an act or action that is prohibited by any law.
    • Without derogating from any other relief afforded to Bananhot in accordance with the Terms or under any law, Bananhot may, in its sole discretion, prevent any user from accessing the Website, and in that framework, cancel an order if and when performed by a user of which: (a) carried out or tried to carry out any action on the Website that is contrary to any law or contrary to the provisions of these Terms; or (b) provided on the Website (including when making a purchase transaction or later) incorrect and/or false and/or partial and/or inaccurate information; or (c) has committed an act or an omission that could injure Bananhot and/or anyone on its behalf (including injury to Bananhot's reputation and/or to the activity of the Website and/or damage to any third party); or (d) has made a purchase in contravention of section 4 above. It is clarified that the prevention, ban or limitation of usability in the Website performed by Ruse would not impose on Bananhot any responsibility or liability whatsoever or derogate from the obligation of the user to act at all times in accordance with these Terms.
  5. Our intellectual property rights, or those of the companies we work with, are reserved: with the exception of the user information, all intellectual property rights of any kind with respect to the Website and its contents belong to Bananhot or to those third parties who gave Bananhot a right to use their intellectual property.

The content on the Website may be protected under copyright, trademark, patent or other intellectual property devices, and any limited right to use it granted to you, insofar as it is granted, will be made with the express prior written permission of Bananhot or those third parties who own the rights therein.

Bananhot does not give you permission to make any use of the content in any other way for any purpose, whether commercial or non-commercial, except for the purpose of obtaining information about the Branded Products and making a purchase from Bananhot.

You may not create frames that include the Website (including iframes) and/or use or employ any metatag or other hidden text using Bananhot's name or its trademarks (including the names and/or trademarks of suppliers or manufacturers whose products Bananhot imports) without Bananhot's prior written consent and subject to the terms of such consent. Any unauthorized use will result in, among other things, the termination of your right to use the Website.

  1. No liability and limitation of warranty: The Website is intended to provide information about, and offering for sale, the Branded Products. The information presented on the Website is not an advice or an opinion of Bananhot or anyone on its behalf about the nature or the quality of the Branded Products or a recommendation to purchase a Branded Product. Do not rely on any content on the Website for the purpose of making any decisions, and the user shall be solely and exclusively responsible for any such reliance or decision to act on the basis of the content appearing on the Website.

The contents of the Website (including all information regarding the Products) are displayed as they are (AS IS), without any obligation, representation or warranty of any kind. The presentation of the content on the Website does not constitute a representation and/or obligation of Bananhot and/or anyone on its behalf regarding their suitability for the user's needs, for a specific purpose, or to the content being up-to-date and/or its correctness and/or to the absence of copyright infringement, and Bananhot is not responsible for the accuracy, reliability and integrity of the data, the absence of errors in the content on the Website, its effect on the computers used by the users, or that the access to the Website or its activity will be continuous, available or error-free and will not be disturbed.

Notwithstanding the provisions of any law or agreement (except with respect to the purchase of Products - in respect of which the above provisions shall apply), in no case shall Bananhot and/or its shareholders and/or employees and/or managers and/or anyone on their behalf and/or on any other third party mentioned on the Website, be liable for any damages (including, but not limited to, damages that are either direct, indirect, punitive, special or consequential, including damages resulting from loss of profits, loss of revenue, loss of data, loss of documents, file recovery, disruption of business, injury to reputation, etc.) in connection with and/or as a result of entering the Website, using it, an inability to access and/or use the Website or the results of the use of the Website or access to links and/or content contained on the Website (including content in connection with third party services) and/or as a result of exposure to computer damage (including viruses) during use of the Website and/or reliance on the content contained on the Website and/or any part thereof and/or due to infringement of property rights, copyrights, trademarks and trade names, trade secrets, patents and designs, whether protected or not and/or due to breach of privacy, including in the case that Bananhot already received information about the possibility of the occurrence of these damages, whatever the cause of action or the cause of the damage, whether contractual, tortious or otherwise. In any case, notwithstanding what is stated in any law or agreement (except in relation to the purchase of Products - in respect of which the above would apply), the only remedy granted to you is to stop using the Website.

  1. 18 and over please: The Website is intended for adults (over 18) residing outside of the sovereign territories of the State of Israel, and is not intended for minors. If you are a minor - that is, under the age of 18 - please make sure that you have received permission from your legal guardian to make use of the Website. Usually, your guardians are your parents, but not always.
  2. We may make changes to the Website: Bananhot may, from time to time, remove content (including Products offered on the Website) and/or links from the Website at its sole discretion, as well as to shut down the Website and/or cease its activities and/or change its structure, appearance and content presented in it including these Terms, all without the need to provide notification about it and without any liability being imposed on Bananhot as a result. Such a change will take effect from the date of its publication (you can see the date of these Terms’ last update above), and you will not have any claim or demand against Bananhot in this regard. In general, in the event of a conflict between the provisions of these Terms and information obtained from another source, the provisions of these Terms shall prevail. However, notices and/or specific legal terms contained on certain pages of the Website, insofar as they exist, may override certain conditions contained in these Terms.
  3. These Terms supersede all previous terms: these Terms supersede all previous Terms, and constitutes the entire agreement between you and Bananhot in connection with the Website and its use. These Terms also supersede and cancel any communication or prior offer made to you by Bananhot, insofar as it has been made.
  4. We may include links in the Website, but are not responsible for the sites they lead to: the Website may include links or references to third party sites, whether permanently or temporarily. The mere display of such link or referral does not constitute a commitment that they will function properly or that the Website to which they lead will be functional, and any clicking on such link or referral (and leaving the Website as a result) will not be under Bananhot’s responsibility.
  5. If there is a section in these Terms that is not valid or unenforceable, you agree that it will be replaced: if it is determined that any part of these Terms is invalid or that is not enforceable by law, including but not limited to, the limitation of liability clauses mentioned above, then the clauses that are revoked or are deemed unenforceable will be considered as having been replaced by clauses that are valid and enforceable and whose content conforms to the greatest extent to the intent of the original sections, and all other sections of these Terms will remain in force.
  6. Please comply with these Terms: you undertake to indemnify and hold harmless Bananhot, its employees and its representatives, immediately upon first demand, for any damage, loss, loss of profit, payment or expense incurred by any of them, including attorney's fees and legal expenses, suffered due to any breach of yours of these Terms.
  7. The only laws that govern these Terms are those of the State of Israel, and the agreed court between us is in Tel Aviv-Yafo: the laws that solely and exclusively govern these Terms and the Website are the laws of the State of Israel, without the application of conflict of law provisions, and the Terms will be interpreted accordingly. The exclusive forum for all matters related to these Terms or to the Website is the courts of Tel Aviv-Yafo.
  8. We are an Israeli Website: Bananhot manages the Website from its offices in Israel, and does not represent that the contents of the Website are suitable or available for use outside the borders of Israel. Use of the Website is prohibited from countries that do not grant validity to these Terms, including but not limited to countries where the content found on the Website is illegal. If you choose the browse to the Website outside of Israel, you do so on your own initiative and responsibility, and you shall bear the responsibility to comply with the local laws in such place of browsing.

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