Transaction Cancellation
This English translation is provided for convenience only. The binding version is the Hebrew original.
This page sets out the cancellation and returns provisions of Marabu Diamonds Ltd. and forms an integral part of the Website Terms and Conditions of Purchase.
Cancellation of a distance-selling transaction shall be carried out in accordance with the Consumer Protection Law. This section does not confer any right of cancellation beyond that provided by law, unless the company has expressly announced a more favorable policy.
A transaction concluded in the presence of a company representative
The provisions of this section regarding cancellation of a distance-selling transaction shall apply only to a transaction that meets the definition of a distance-selling transaction under law. A transaction concluded in accordance with Section 5 of the Website Terms only after the customer examined the jewelry item, was given the opportunity to ask questions and receive information, and decided to purchase it in the joint physical presence of a company representative, shall be regarded, in accordance with its nature and the circumstances of its conclusion, as a transaction conducted in the presence of the parties and not as a distance-selling transaction.
Cancellation of such a transaction due to a change of mind will be possible only if and to the extent that a right of cancellation exists under the provisions applicable to a transaction conducted in the presence of the parties, or under a more favorable policy expressly announced by the company. Without derogating from the foregoing, for the purchase of a jewelry item whose price exceeds the amount prescribed by law — ₪3,000 as of the date these terms were last updated — the customer will have no statutory right of cancellation.
A distance-selling transaction
A consumer may cancel the purchase of a jewelry item in a distance-selling transaction from the day the transaction is made until 14 days from the day the item was received or from the day the written document containing the transaction details required by law was received, whichever is later. A person with a disability, a senior citizen, or a new immigrant, as defined by law, may cancel within four months of the latest of the transaction date, the date the item was received, or the date the document was received, provided that the engagement included a conversation between them and the company, including by electronic communication.
Notice of cancellation may be given in any of the following ways: by phone at 054-3975116 or in person at 1 Jabotinsky St., Ramat Gan, between 10:30 – 16:30; by registered mail to the company address; by email to hello@marabujewelry.co.il; or via the dedicated link on the main page: https://marabujewelry.co.il/pages/transaction-cancellation
The cancellation notice should state a full name and ID number. To enable quick location of the transaction, it is recommended to also include the order number and a phone number. The company is entitled to ask the customer to specify the reason for the cancellation, and the customer is under no obligation to explain it. For a cancellation given verbally, the company may request an additional identifying detail agreed with the customer at the time of the engagement.
The company will refund the payment and cancel the charge within 14 days of receiving the cancellation. For a cancellation not due to a defect, non-conformity, non-delivery, or breach, it may charge a fee of up to 5% or ₪100, whichever is lower. The customer shall return the jewelry item and everything delivered with it to the business without delay and at the customer's expense. Failure to return the item does not postpone the statutory refund date, but the company may demand its return and claim its value and its damages in accordance with the law.
For a cancellation due to a defect, non-conformity, late delivery, or another breach, no cancellation fee will be charged. The customer shall make the item available to the company at the place where it was delivered and allow it to be collected within a reasonable time; the company will bear the cost of its return in accordance with the law.
Notwithstanding the foregoing, if after a professional and reasonable examination of the item it emerges that it had no defect or non-conformity, and that the customer's claim of a defect, non-conformity, late delivery, or another breach was false, the cancellation — insofar as the customer has a right of cancellation under law — will be treated as a cancellation not due to a defect or breach. In such a case the company may charge the cancellation fee permitted by law, charge the customer for the reasonable collection and shipping costs actually incurred as a result of the claim, and demand from the customer the reasonable and proven examination and handling expenses incurred by the company as a result of the false representation, all subject to law. Nothing in the foregoing derogates from any other remedy available to the company under law.
The customer is asked not to remove the tag, use the jewelry item, alter it, or transfer it to a third party, and to return it with the packaging, accessories, and certificate. Removal of the tag constitutes prima facie evidence of use, and will entitle the company to deny the customer cancellation of the transaction in accordance with the law. If use, tag removal, or missing packaging or certificate caused significant deterioration or a proven reduction in value, the company may claim damages in accordance with the law.
The right of cancellation will not apply where the law excludes it, including for goods manufactured especially for the customer following the transaction, to particular dimensions or special requirements, as detailed in Section 9 of the Website Terms.
For reasons of security, identification, and documentation, the customer is asked to coordinate the manner of returning the item with the company in advance and in writing, and to receive its instructions regarding the address and shipping method. Lack of coordination does not negate a right of cancellation existing under law; however, in any case where returning the item is the customer's responsibility, responsibility for the item and the risk of its loss or damage rest with the customer until it is actually received by the company. Accordingly, a jewelry item should be shipped only in suitable packaging and via a secure delivery service that is trackable and includes confirmation of delivery. Where the law requires the company to collect the item, responsibility for the item passes to the company upon its actual handover to a courier on its behalf. A sale, a clearance price, or the fact that an item is a display item does not, in itself, negate the right of cancellation in a distance-selling transaction. For earrings and body items, too, no cancellation exception will apply unless it is expressly recognized by law.