Terms of Use

Smart Anchor Ltd. (“Company”, “us”, “our” or “we”) provides the www.diggoanchor.com website (“Site” or “Website”) and various products and services, subject to compliance by you (referred to as “you” or “your”) with all the terms, conditions, and notices contained or referenced herein (“Terms of Use” or “TOU”), and subject to any other written agreement between us and you. In addition, when using or purchasing, products, goods or services (“Product” or “Products”) on this Site, you shall be subject to any posted guidelines or rules that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

These Terms of Use are effective as of 1.1.2023. To the extent that any translated version of these Terms of Use conflicts with the English (US) version, the English (US) version controls.

The Privacy Policy as set forth on the Site is an integral part of these Terms of Use.

We reserve the right to change these Terms of Use from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this Site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

BY COMPLETING THE PURCHASE PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THIS SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THIS SITE AND/OR THOSE PARTICULAR PRODUCTS. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE

1. YOU

If you are under the age of 18, you may not access or use the Site unless you have received permission to do so from your parent or legal guardian. We cannot verify your age, but if the foregoing requirement is violated, we reserve the right to discontinue your use of the Site with or without notice to you.
You are legally capable of entering into binding contracts You are solely responsible for the knowledge of and adherence to all laws, statutes, rules, and regulations pertaining to your use of this Site. Your use of this Site is subject to all applicable laws, statutes, rules, and regulations. Note that we may decline, because of any reason, to sell any Product to you, and we are not obliged to tell you the reason for our decision.

2. BINDING CONTRACT

This Terms of Use forms a legally binding contract between us when all these have occurred:

• You have confirmed to us that you wish to proceed with the purchase of one or more Products or Services by submitting your order.
• We have confirmed to you that we will sell the Product(s) to you by sending you an order confirmation.
• We have received payment of the price and any additional monies.

When your order has been completed and authorized by us you will receive confirmation of the Product(s) ordered, the price paid, the estimated delivery date and your allocated order number.

If for any reason lack of Product availability will occur, it will not be defined as a breach of this Terms of Use, if we will notify you by email, and you will have the right to cancel your order.

3. PRICING

These instructions will be valid regarding Products prices:

• The Products prices are as presented on the website while the purchasing process.
• The Products prices subject to change at any time.
• Product prices may vary due to currency differences.
• Prices are exclusive of TAX, VAT, Customs, and delivery.
  
  

4. PAYMENT

Purchases of Product on the Site can be made by credit card or any other methods of payment that are published on the Site, based on the payment details provided by the You.

As a condition to Your right to receive any Product, Your credit card company must approve your purchase and You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address, and telephone number, and to provide us with any changes in such information within 30 days of the change.

We will take reasonable measures to keep your payment information secure. We nevertheless will not be liable for any damage or loss you sustain as a result of any unauthorized access to payment details provided to us by You.

Please note that in case of suspects fraud, we will have the right to cancel the transaction. In most cases, you will be notified of authorization or fraud issues, if they occur, before you complete the check-out process.

5. SHIPPING

We strive to make your shopping experience with us a positive one. While Your purchase thru the Site, you will be offered different Products shipping terms per the address you will provide us. 

Note that the products will be delivered not by us, but by Shipping Companies, which are a third party to the transaction between You and us. The Shipping Companies have the sole responsibility to deliver, secure, and insurance the Products delivery to You. 

You confirm that you will not have any demand or claim against us due to a failure in the product and / or on the date of its arrival to You, as a result of the shipping process or the Shipping Company. 

The tracking number given to You during the purchase process in the Site, can be used by you for general information about the status of the Product shipping to You, but the said information is not binding.

6. ORDER CANCELATION

You may request the cancel your purchase of a Product only within 48 hours once your purchase has been accepted and payment has been made, by sending an email to service@nakkoo.com or by calling to Our phone number. Your order cancelation would become valid only if you got order cancelation confirmation from us. If you do not get the order cancelation confirmation from Us, you should call us to phone number +972544808800.

7. RETURN OF PRODUCT

Defective products are returnable with our prior authorization. Non-defective products may be returned, if such products are in salable condition and suitable for restocking, provided customer has obtained prior authorization from Us and under the condition that the Product must be returned to us within 15 days of your receipt of the Product, and your fee payment of_18 USD. 

Return goods authorizations (RGAs) must be arranged by phoning Customer Service at +97254408809. Unauthorized returns may be returned to You at Your expense, or subject to additional charges without credit being issued to You. 

You may be charged of freight and restocking by a Fee of _18 USD in addition to the above. 

The following conditions will not be considered for return:

• Products purchased more than one month prior to return request.
• Special or custom products made to customer specifications or sold as non-returnable.
• Products returned in altered or damaged packaging, or in packaging other than original packaging.
• Packs broken, breached or damaged.
• Products is unsalable or cannot be resold.
• Third party vendor products that require a vendor return authorization are subject to the vendor’s return policy and applicable fees.
• Issuance of an RGA number does not guarantee credit. Credit issuance is dependent on confirmed receipt/review of returned products and is subject to the other terms of this policy.
• Used Product.

After obtaining an RGA, each return must include the following information:

• Customer’s name, address and account number.
• RGA number that given to you while our confirmation of the RGA.
• Original order number.
  
  

8. PRODUCTS SHIPPED IN ERROR

You must notify us of any shipping errors or disputes within two (2) business days of Product receipt. Products shipped in error by us are freely returnable for full credit, provided that such returns are made within fifteen (15) days of receipt.

9. DEFECTIVE PRODUCT

Defective product that are the result of our error may be replaced by us at our expense, subject to the other provisions of this policy.

10. COMUNICATION

Some applicable laws may require that some of the information we send you should be in writing. When you visit the Site or send emails to us, you are communicating with us electronically. We may communicate with you by email or by posting notices on the Site. For contractual purposes, you agree to this means of electronic communication and you acknowledge that all contracts, notices, information and other communications provided to you electronically comply with any legal requirement that such communications should be in writing. This condition does not affect your statutory rights.

You authorize us to use the contact information you have provided to us to convey to You information on various matters that we believe that may be of interest to you, including information that may be considered as advertising information. You can ask at any time, via email or a link that we will provide to, stop sending the messages to you.

11. LIMITATION PF LIABILITY

We warrant to you that any Product(s) purchased from us through the Site is of satisfactory quality.

Our liability in connection with any Product(s) purchased through our Site is strictly limited to the purchase price of the Product(s).

In no event we will accept liability for any death, personal injury, loss of income, revenue, business, profits, contracts, or data, for any indirect or consequential damage of any kind arising, whether have been advised of the possibility of such, whether caused by tort (including negligence) breach of contract or otherwise, and even if foreseeable.

Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to You.

Any claim brought by you against us must be instituted with one year after the claim accrues or be deemed forever and permanently waived and barred.

Details of warranty periods and after sales service can be found in the appropriate User Instruction Manual for the purchased Product(s).

12. INTELECTUAL PROPERTY

The Products and all Content presented to you on this Site (and over which you do not possess superior copyright, trademark, service mark, patent or other proprietary rights) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the Our sole property. You may not use such the Content without prior written permission from us. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying this Site and Products without prior written permission from us.

Except for a single copy made for personal use only, you may not copy, reverse engineering, reproduce, modify, republish, upload, post, transmit, or distribute any Product or Content from this Site in any form or by any means without prior written permission from us. Any use which is not a personal use or unauthorized use of the Product or Content appearing on this Site may violate patent, copyright, trademark and other applicable laws and could result in criminal or civil penalties.

In addition to any right we have by applicable law, the “Nakkoo”, “Smart Anchor”, “Diggo” names and logos are our trademarks, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All custom graphics, icons, logos, and service names are registered trademarks, trademarks, or service marks of us. All other trademarks or service marks are property of their respective owners.

In addition to any right we have by applicable law, the Products may be registered patent and may not be used, copied, or imitated, in whole or in part, without our prior written permission.

13. NOTICES 

All notices given by you to us must be given to us in writing by email service@nakkoo.com. We may give notice to you at either the email or postal address you provided to us when placing an order. Our notices to You will be deemed received and properly served 48 hours after an email is sent, or three days after the date of the post mail was received by Your post office.

14. TRANSFER OF RIGHTS AND OBLIGATIONS

 The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights and obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

15. EVENTS OUTSIDE OF OUR CONTROL

 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event”). 

A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) the following: Strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; Impossibility of the use of public or private telecommunication networks, the acts, decrees, legislation, regulations or restrictions of any government. 

Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

16. WAIVER

No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

17. SEVERABILITY

 In case any provision in this Terms of Use shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.

18. ENTIRE AGREEMENT

 This Agreement constitutes the entire agreement between the parties with respect to the subject matter and supersedes any prior agreements and understandings between the parties relating to the subject matter hereof. No verbal agreement, conversation or representation between any officers, agents, or employees of the parties hereto either before or after the execution of this Agreement shall affect or modify any of the terms or obligations herein contained.

19. LAW AND JURISDICTION

 This Agreement and the purchase of Product(s) through the Site will be governed by Israeli law. Any dispute arising from, or related to, shall be subject to the exclusive jurisdiction of the courts of Tel Aviv, Israel.

20. How to Contact Us

If you have any questions about this Terms of Use, Product or service, please contact us at: service@nakkoo.com. 

This Terms of Use is effective from the date of: 26.6.2023