Terms of Use

A. General

  1. This Site (as defined below) is owned by Annabella Technologies Inc. (hereinafter: the “Company”), with its address at 4440 PGA Blvd. Ste. 600 Palm Beach Gardens, FL 33410, is an online internet commerce platform for the sale of a unique type of breast pumps designed by the Company as well as accompanying products. These terms of use are legally binding. The provisions in these terms of use will apply to all usage of the Site, including the purchase of products through the Site.
  2. We wish to clarify that the Site and its terms of use are designed and meant to serve customers for non-commercial personal and private use only.
  3. The Company allows you to purchase, through the Site, products and services so that on each sales page the product/service offered for sale, the specifications of the product/service, the payment terms, delivery details and the price of sale will appear according to the number of products/services to be purchased, so the purchase price could change according to the number of products that have been purchased. It is hereby clarified that the cancellation of a purchase pursuant to these terms could change the sale price, even after the closure of sales, as detailed in these terms and the provisions appearing on the relevant sales page.
  4. The use of the Site is subject and conditioned to what has been set forth in these Terms of Use and the Company’s [Privacy Policy] and your use of the Site serves as an admission that you have read the aforementioned in the Terms and you completely agree to everything it sets forth. If you do not agree to any of the terms proposed in the Terms of Use, you are not permitted to use the Site for any use whatsoever.
  5. The ordering and/or purchase of a product via the Site is subject to all the provisions and terms of these Terms of Use, and subject to the aforementioned in all applicable laws, the User and/or a person on their behalf, shall not have any claim and/or demand and/or allegation against the Site and/or the Company and/or any of its directors and/or employees and/or anyone acting on its behalf, in any claim related to the provisions and terms of these Terms of Use.
  6. The Company reserves the right to change or update the Terms from time to time without prior notice. The updated Terms will be published on the Site and will be effective immediately and they will obligate the Company and all its users. In any case of contradiction between the provisions of the Terms and any media or other publication, the provisions of the Terms of Use will prevail. The up-to-date Terms can be reviewed by clicking on the link “Terms of Use” which appears at the bottom of each web page.
  7. For any question regarding the use of the Site please contact the Company by means of e-mail:  annabella@annabella-pump.com
  8. The prices for the products are displayed on the Site, but do not include delivery fees and taxes which are shown separately on the purchase pages and adjusted according to the purchase amount. The customer will have to confirm the purchase order including taxes and delivery fees, if applicable, prior to the purchase transaction.
  9. The Company's digital records concerning the activity carried out through the Site will be the exclusive evidence testifying towards the accuracy of the transactions.
  10. The Company shall endeavor to have a reasonable inventory of all the products offered on the Site. However, should a certain product be out of stock, The Company will notify you thereof and in case the purchase order was made, cancel the transaction.
  11. The Company does everything in its power to ensure that the information presented on the Site will be complete and accurate, but clarifies that there could be, in good faith, inconsistencies or errors, and subject to applicable laws, the Company will not bear any liability stemming from these inconsistencies or those related to them.
  12. The Company is allowed to update the prices of the products on the Site and the delivery fees from time to time and without prior notification. The price that is valid for orders carried out is the price that was published on the Site at the time the ordering process was completed (including the provision of credit card details). If the prices were updated before the ordering process was completed, The User will be charged according to the updated prices which will be shown during the completion of the ordering process.
  13. The Company is allowed to offer sales, benefits, and discounts on the Site or by means of any other media channel - including via telephone, email or text message, subject to approval according to law. The Company is allowed, at any time, to stop these sales, benefits and discounts, and replace or change them, subject to applicable legal provisions.
  14. The Terms of Use apply to the use of the Site and the services it includes by means of a computer or other communicative device (e.g., cell phones, various hand-held computers, etc.). These also apply to the use of the Site by means of the internet or by means of any other network or means of communication.
  15. Email and Text Message Marketing Communications. Subject to our [Privacy Policy], if you do not wish to receive marketing or promotion messages from us, you can opt out at any time by following the instructions using the “Unsubscribe” link on any email you receive from us. If you opt out of receiving such communications, note that we may continue to send you non-promotional transactional or informational emails (such as order confirmation emails or emails about changes to our legal terms).
  16. During an update of the basket of purchases, and subject to all applicable law, the Company reserves the right to send reminders to Users concerning the abandoned basket, by means of sending an email message to the address that has been entered.
  17. Any customer, by executing an order on the Site, represents and warrants that they are legally entitled to make such order and has the means to execute the related payment.
  18. The Company is entitled, according to its sole discretion under the relevant circumstances, to stop or limit the Site’s activities, including the offering of certain products or services, adding certain terms and conditions regarding the sales of products, at any time and without prior notice.
  19. The Company is entitled and reserves the right to prevent access to the Site or to prevent the option of ordering products by means of the Site or to cancel the orders or stop the use by a specific Site user in any case in which: (a) the User violated one of the conditions of the Terms of Use or any other binding provision that will appear on the Site or in other contractual documents that apply to the User and the Company; (b) The User carried out an action or misdeed that could harm the Company and/or a person on its behalf and/or any third party, including other users of the Site or the uninterrupted use of the Site, including but not limited to, fictitious orders and/or the intentional cancellation of transactions and/or distributing false information on the Site; (c) if there is financial debt to the Company and/or its related companies and the time of payment has passed; or (d) for any other reason that is not detailed above and the Company has found it correct, according to its sole discretion, that is reasonable under the circumstances at hand. In the aforementioned cases, the Company will be entitled, inter alia, and without mitigating from its courses of action at its disposal, to follow the usage of the Site’s users, to transfer The User’s behavioral patterns to the relevant authorities and/or third parties who will prove, to the satisfaction of the Company, that they are being harmed by The User’s violating activities and any other course of action the Company decides to take in order to protect its proprietary rights and/or its rights and/or the rights to third parties.

B. Definitions

  1. The "Site" – Annabella-pump.com website and any affiliated sites, mobile sites, applications, or platforms where these terms appear.
  2. The "User" – any person and/or body and/or representative that enters the Site, and uses it as a reader, buyer, or a random visitor to the Site.
  3. "Buyer", "Customer" – any user who purchases products on the Site.
  4. The "Company" – Annabella Technologies Inc., whose offices are registered on 4440 PGA Blvd. Ste. 600 Palm Beach Gardens, FL 33410.
  5. "Information" – all content and/or material presented on the Site, whether it has been published by the Company or by users of the Site, in any existing form of media, including as text, pictures, graphic content, drawings, sketches, logos, trademarks, photographs, audio content, video content and also including the design of all the aforementioned.
  6. "Products" – any product offered for sale on the Site by the Company.
  7. "Transaction" – a purchase by a buyer on the Site. Only authorization of execution for an order that was received via the Customer's email that includes the details of the completed order, which includes, inter alia, Customer details, order details and terms of delivery, will serve as approval of the completion of a transaction on the Site. The completion of the transaction will only be carried out after receiving the following accumulative approvals:(1) the Company's approval; (2) approval of the buyer's credit company (hereinafter: "the Date of Transaction Completion"). All the dates, including the delivery dates will be listed, beginning from the Date of Transaction Completion.
  8. "Business Day" – weekdays (Monday to Friday), not including holidays, holiday eves and memorial days.
  9. "Terms of Use" – the Site's terms and conditions of use, [The Returns Policy] and the [Privacy Policy].

C. Registration to the Site and executing orders through the Site

  1. The order and purchase of Products will be carried out by users by means of completing the order form on the site (“the Order Form”). The User is solely responsible for giving accurate and correct information. It is clarified that the provision of all details to complete an order on the Site serves as a precondition to complete the order.
  2. The User will choose the desired Products, where each product offered on the site will be presented on a “Product Page” where information concerning the Product, and its price, will be presented. The Company is entitled to update the information on the Product Page from time to time, to add or remove Products, to remove Products no longer in stock, and to update and/or change the price of the Products from time to time. The Company will strive to depict the pictures of the products as accurate as possible. However, pictures may show the product differently.
  3. The Company will not make any use of the User’s details unless it is allowed by the Site’s [Privacy Policy], which serves as an inseparable part of these Terms of Use.
  4. In order to ensure the order is efficiently completed without delay, attention must be paid to provide all the updated details required by the Site in an accurate manner. If during the ordering process, errant details were be provided, the Company will be unable to ensure the order will be received, be carried out or that the products will reach their destination. In the case that the products that were ordered will be returned to the Company due to errant details or the non-collection of the shipment or not answering calls from the delivery company, the Company will be entitled to charge the User additional payment for delivery fees.
  5. A condition to carry out an order through the Site is lawful possession of a credit card or other means of payment that has been approved by the Company from time to time, such as a valid PayPal account (that has not been limited or blocked for any reason). Only credit cards recognized in the USA are accepted unless otherwise stated on the Site. If the User has used credit card details or other means of payment from any third party, the use of a credit card or another means of payment (as relevant) is fully acceptable and authorized by the listed owners of the credit card or other means of payment, and the User will solely bear full liability and will immediately compensate the Company for any claim and/or demand by the owners of the credit card or other means of payment or any other third party related to the User’s use of the credit card or other means of payment.
  6. If an order was carried out by the User, the Company will carry out a check of the credit card details, and after the order has been approved by the credit company, notice will be sent to the User that the order has been approved.
  7. The details of the order, as they have been entered by the User on the Order Form and the documentation of the Transaction in the Company’s IT systems will serve as conclusive and final evidence for the accuracy of the Transaction.
  8. In the event the Transaction was not approved by the credit company, the User will receive notice thereof and be required to provide another means of payment.
  9. In addition to the aforementioned approval by the credit company, the approval of an order will be contingent on the fact the desired product does exist in the Company’s inventory at the desired time of delivery and/or at the time of the order. The Company endeavors to ensure that all products offered are in stock unless stated otherwise. However, if the product ordered appeared to be out of stock, the Company will be entitled to notify the User that the order has been cancelled, and the User will be fully refunded accordingly. The aforementioned notification will be provided to the User by means of email and/or voice mail or phone text message, according to the Company’s discretion. To remove all doubt, the User will not have any claim and/or demand on this matter towards the Company and/or anyone on its behalf, and it waives, finally and completely, any claim concerning any type of damage, whether the damage is direct or indirect, that was incurred to the User and/or a third party.
  10. Products are presented on the Site from time to time as pre-order products. When ordering Products defined as pre-order products, The User will receive the complete order, including additional items on the order that are not pre-order products, according to the timetable noted for the pre-order products.
  11. After the payment details have been entered on the payment page, the User will be sent authorization, through email (which was entered during registration), that the order’s details have been accepted. This authorization does not oblige the Company to provide the Products and is only intended to show that the details have been accepted into the Company’s systems.
  12. If it becomes clear that the User’s credit card, or that of a person on their behalf, is not valid, or the credit card company is not accepting the Transaction, or that PayPal (or any other available online payment service) does not accept the charge, or the desired product is not in the Company’s inventory, the Company will contact the User (by means of the details provided during the registration process or by those provided on the order) to complete the Transaction or to cancel it.
  13. For payment by means of a PayPal account (or any other online payment provider), the User will be requested to enter the details of their current account on the PayPal site (or the account of another online payment provider) or will be able to choose to open a PayPal account or an account with another online payment provider. The use and approval of payment will be subject to the terms of service and privacy policy of the relevant online payment services provider, and not the Site’s.
  14. The User is responsible for and shall bear the costs of any taxes that may be applicable to the transaction.

RETURN POLICY – Please read the Company’s [Returns Policy] carefully.

D. The Company's Liability

  1. The Company's products are produced while investing great effort in using quality materials.
  2. THE WARRANTY SECTION OF DOCUMENTS PHYSICALLY ACCOMPANYING THE PRODUCTS OR IN LITERATURE FURNISHED BY THE COMPANY, AS IN EFFECT FROM TIME TO TIME (COLLECTIVELY, "WARRANTY"), CONTAINS THE ENTIRE DESCRIPTION AND DURATION OF THE SOLE WARRANTY APPLICABLE TO PRODUCTS SOLD BY THE COMPANY.
  3. OTHER THAN THE WARRANTY SPECIFICALLY SET FORTH HEREIN, THE COMPANY EXPLICITLY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ANY OTHER WARRANTIES, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FORGOING, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  4. The Company will used best commercial effort to provide quality products at the time requested. If a User believes that the products purchased through the Site or the services provided by means of the Site are defective in any way, they are welcome to directly contact customer services at annabella@annabella-pump.com and the Company will address the complaint as quickly as possible. In order to do so the Company will ask you to cite the serial number of the Product which appears on the product. In the event that the Company determines that the complaint is just and the product has a defect which is covered under the Warranty it will be replaced at the Company's discretion. within 14 business days. Should replacement be impossible, the Company will give a full refund
  5. Subject to the limits of liability applicable by law, the Company and/or a person on its behalf will not be liable for, and will not bear any direct, indirect, consequential or special damage that will be incurred to the User and/or a third party, as a result of using or purchasing through the Site in a manner that contradicts the provisions of these Terms of Use or due to actions or the fault of the User or third parties, including but not limited to, to unauthorized access, attacks, infiltration and penetration to information (or attempts to carry out any of the aforementioned) by means of communication lines or other communication network and/or due to delivery services and/or collection services.
  6. In any case, and subject to the limitations of legal applicable liability, regardless of the cause of the case, the limits of the Company's liability will not exceed the total amount of payments the User has paid the Company with respect to the said Transaction, and in any case, the Company will not be liable for consequential or indirect damages, including the loss of income and/or the prevention of profit that will be caused by any reason whatsoever.
  7. The Company and/or persons on its behalf will not be liable for any breakdown and/or delay and/or disruption in the use of the Site and/or the services it includes (including the delivery of products) and/or anything related to any of these (including and without derogating from the generality of the aforementioned, phonelines and/or internet systems and/or cellular networks) and for any expense, lost or damage that will be incurred for any reason whatsoever, that does not rest directly on the Company, including but not limited to, as a result of an order and/or regulation and/or directive of a government authority, significant stoppage of communication systems, earthquake, violent storm, lack of materials and/or public services and/or transportation services, fire, flood, explosion, blast, accident, epidemic, strike, stoppage, riots, violation of public order, war, terror and/or hostile actions and lockdown, and these will not be considered as a violation of these Terms of Use and will not award the User any remedy and/or right. To remove all doubt, and without derogating from the aforementioned generality, it is clarified that The User will not have any claim or right concerning the actions taken by the Company following the aforementioned breakdowns and/or disruptions. If there was a clerical error in the product's description, this will not obligate the Company and/or persons on its behalf. The Company is not liable for the use of the product by the User and/or any other person that is not according to the manufacturer's instructions and the instructions found on the packaging.
  8. It is possible that as part of the use of the Site, the Company could provide links and references to various internet sites and pages that are operated by third parties ("Linked Sites") by which the User will be able to, inter alia, receive or purchase various products and services. It is possible that these sites and pages will request that the User register, provide details, etc. It is clarified that the Company has no knowledge, control, or liability for the dealings of these sites. The provision of details and registration on these sites are not subject to the Company's privacy policy, but to the privacy policy of these Linked Sites and all the legal provisions they include. The use of these sites and pages, just like any other action the User takes regarding them, is the sole responsibility of the User and the owners of the Linked Sites, and the User will have no claim and/or demand for loss, non-profit or damage, either direct or indirect, against the Company and or persons on its behalf that stem from relying on and/or using content and/or information provided on these sites.

E. The information on the Site cannot be considered medical consultation

The information presented on the Site does not serve as an authorized medical recommendation and is not intended to direct the public or to be considered a recommendation or directive or suggestion to use the Products and/or to change or stop using any medicine and/or serve as a declaration concerning the effectiveness of the Products or their qualities and is not intended to be used as a replacement for private medical or other consultation. The picture/pictures on the Site are for illustrative purposes only and should not be used as any kind of evidence or commitment concerning the Products' effectiveness. The use of the Products could lead to differing results from person to person, and the Users hereby waive any claim, complaint, or demand from the Company in this regard.

Any medical related questions should be directed to a qualified health provider.

F. Copyrights

  1. All proprietary rights on the Site and/or in the products, including trademarks, methods and commercial secrets, are solely the property of the Company and/or to third parties, as the case dictates. These rights apply, inter alia, to the Site's content, including the services it provides, the list of the Products, their description and design, pictures, photographic ideas, texts appearing on the Site, the graphic design on the packaging and on the site and any other detail related to the Site's operation, design, software, application, computer code, graphic file, text, etc., whether on an external interface, original source code or object code.
  2. The copying, reproduction, distribution, sales, marketing, translation, the introduction of changes, advertisement, transmission, presentation, execution, licensing, production of derivative works, reverse engineering or to sell, in whole or in part, temporarily or permanently, in any way whatsoever, any part of the information or content that is included on the Site, including trademarks, pictures and texts, product design, photos of the Products, etc. is prohibited unless the Company or third parties (as relevant) provide prior written consent. Moreover, the Site is not to be used in a way that serves, or could serve, as a violation or harm to the Company's proprietary rights, without the Company's express prior written consent.
  3. The data published in the Site's database, list of Products on the Site, or other details that are published, are not to be commercially used unless the Company has provided express prior written consent.
  4. No data published on the Site shall be used for presentation on any other site or service without receiving prior written consent from the Company, and subject to the conditions of the consent (if it will be provided).
  5. The name "Annabella", and the Site's domain name, and trademarks (whether they have been registered or not) are all the sole property of the Company. They are not to be used without receiving the Company's prior written consent.
  6. If there are trademarks (including pictures, sketches, etc.) that have been provided for advertisement by companies that offer products and services on the Site, then the trademarks are the property of those companies, and they are not to be used without their consent.
  7. All the text content, icons, information and/or presentations appearing on the Site, including graphic, design, presentation of text, trademarks, logos, including their editing and display on the Site, are the sole property of the Company.
  8. The Site's services should only be used by users for lawful, personal, non-commercial purposes.
  9. The copying and use of, or allowing others to do so, in any way, the contents from within the Site, including on other internet sites, electronic advertisements, printed advertisements, etc., is prohibited.
  10. The use of,or allowing the use of any computer application or any other means, including bots, crawlers, etc., for searching, scanning, copying or automatically retrieving content from within the Site, is prohibited. Moreover, the aforementioned means should not be created or used to create a collection, stockpile or repository that will contain content from the Site.
  11. Site content is not to be presented within a frame, whether visible or hidden.
  12. The presentation of content from the Site in any way whatsoever is prohibited - including by means of software, devices, accessories, or communication protocol that changes the design on the Site or remove any content from them, specifically advertisements and commercial content.

G. Prohibited Actions

Users shall not in any way violate or attempt to violate the Site, including but not limited to upload or transmit files that contain viruses, use false information as to customer’s identity or otherwise. User shall at all time refrain from the use of inappropriate language and content. The Company may at its sole discretion block a user that violates these rules. Furthermore, such violations will expose user to criminal and/or civil liability

H. Maintaining confidentiality and information security

The Company acts according to its [Privacy Policy]. By using the Site you agree to the terms of use laid out hereabove as well as the Privacy Policy which is an integral part of the terms and conditions. The Company makes every effort to provide its users with the highest quality of services. Nevertheless, the Company does not promise that the services on the Site will not be disrupted, provided regularly or without interruptions, will be safely provided and without mistakes, and will be immune against unauthorized access to the Company's computers that operate the Site, damages, breakdowns, faults or failures - including breakdowns of hardware, software or communication lines to the Site - in the Company or with any of its vendors.

I. Use of Site in USA

  1. This Site is aimed for selling Products and providing information to customers located in the USA. the Company is not responsible for use or purchase by users that are located outside the USA.
  2. State laws regarding limitation of liability may vary. Should you reside in a State where the local laws grant you rights according to the law from which one cannot derogate, the rights granted by those laws prevail.

J. APPLICABLE LAW AND JURISDICTION

All disputes deriving out of these terms and conditions and/or the purchase of the Products shall be governed by the laws of the State of Delaware without regard to its conflict of law principles.

The Courts of the State of Delaware shall have exclusive jurisdiction regarding the use of the Site and/or the purchase of the Products.