Public Offer for the Provision of Design and Landscaping Services

(terms of performance, cancellation and refund)

1. General Provisions

1.1. This document constitutes a public offer in accordance with the Consumer Protection Law, 5741–1981, and the civil legislation of the State of Israel (hereinafter — the “Law”), and sets out the terms and conditions for the provision of design, landscaping and supply of products (hereinafter — the “Services” and “Products”).

1.2. This offer is addressed to any legally competent individual — consumer, as well as to any other clients placing an order via the website [https://evergreen.luxury/] and/or through other communication channels of EverGreen – Ofek Yarok, LTD.

1.3. The owner of the website and provider of the Services is:
EverGreen – Ofek Yarok, LTD, registration number 517039392, located at 4 Archi Sherman Street, Netanya, Israel (hereinafter — the “Company”).

1.4. By using the website, submitting a request, paying an invoice or making a prepayment, the client (the “Client”) confirms that they have read, understood and unconditionally accept the terms of this public offer (the “Public Offer”).

1.5. This Public Offer forms part of and supplements the Company’s general Website Terms and Conditions. In the event of any conflict between this Public Offer and the general Terms and Conditions with respect to design, landscaping and custom-made works, this Public Offer shall prevail.

2. Subject of the Agreement

2.1. The Company provides the Client with services including, but not limited to:

  • development of design projects for balconies, terraces, gardens and other areas (landscaping and plant design);

  • selection of plants, planters, materials and decorative elements;

  • organization of supply of Products and their installation/planting;

  • ordering and/or production of goods and services from third-party suppliers (including custom-made items);

  • procurement and production of structures, items and various systems within the framework of an approved project;

  • ongoing maintenance of green spaces (where offered and subject to a separate service agreement).

2.2. The specific list of Services and Products, their quantity, cost and timelines are specified in a commercial proposal, invoice, estimate, work order or other document, as well as in written correspondence via messengers or email, sent to the Client (hereinafter — the “Order”), which forms an integral part of this Public Offer.

3. Conclusion of the Agreement and Acceptance

3.1. A request submitted by the Client via the website, messenger or by phone does not create any obligations for the Company and is of a preliminary nature.

3.2. The agreement between the Company and the Client is deemed concluded at the moment when:

  • the Client confirms the Order (in writing, by email, in messenger and/or via the website form), and

  • the Client makes a prepayment and/or full payment under the invoice issued by the Company.

3.3. Making a prepayment/payment constitutes acceptance of this Public Offer and the Client’s consent to its terms.

4. Service Fees and Payment Procedure

4.1. The cost of the Services and Products is determined at the time of forming the Order and is specified in the invoice/estimate/message.

4.2. As a rule, before the start of the works the Client makes a prepayment in the amount specified in the Order (percentage of the total amount and/or a fixed sum), unless otherwise agreed in writing.

4.3. The remaining amount is paid within the timeframes and in the manner specified in the Order (in stages or upon completion of particular stages of the works).

5. Client’s Right to Cancel the Transaction and General Refund Rules

5.1. The Client is entitled to cancel the Order (in full or in part) and terminate the agreement in accordance with the Consumer Protection Law and the Consumer Protection Regulations (Cancellation of a Transaction), 5771–2010.

5.2. If the Order was placed remotely (via the website, phone, messenger, etc.) and the Client is a consumer, the Client is generally entitled to cancel the transaction within 14 days from the date:

  • of concluding the transaction, and/or

  • of receiving a document confirming the terms of the transaction,
    depending on whichever occurs later, subject to the conditions established by the Law.

5.3. For certain categories of clients (persons with disabilities, elderly persons aged 65 and above, new immigrants), the cancellation period of a consumer distance transaction may be extended up to 4 months, subject to confirmation of such status in accordance with the Law.

5.4. The Client sends a written notice of cancellation of the transaction and request for a refund to the Company by one of the following means:

  • by email: nataliya.shor@gmail.com;

  • through the contact form on the website;

  • by message to the Company’s official messenger number;

  • by registered mail to the Company’s address.

The moment of cancellation is deemed to be the date on which such notice is received by the Company.

5.5. In case of cancellation of the transaction in situations provided for by the Law, the Company refunds to the Client the amount paid, less a cancellation fee, if such a fee is permitted by the Law, in an amount not exceeding 5% of the transaction value or 100 NIS (whichever is lower), as well as the cost of Services already actually rendered and Products supplied/purchased, and any expenses already incurred by the Company for delivery, bank transfers and exchange rate differences.

5.6. The detailed rules for payment of already rendered Services, custom-made works and Products, and the calculation of any refundable amount, are set out in Sections 6–8 below.

6. Custom Structures, Staged Work and Services Already Rendered

6.1. Works related to the manufacture and installation of wooden, metal, concrete, composite and other structures on the Client’s balcony, terrace, garden or other area are custom works performed according to the dimensions and specific features of the particular site and, as a rule, cannot be sold or used for third parties without substantial alterations.

6.2. The Client’s approval of the design project, drawings, 3D visualizations and/or sketches, as well as the Client’s prepayment for works and materials, is deemed as the Client’s consent to the scope, dimensions, principal design solutions and overall visual appearance of the future structure/project.

6.3. The cost of the works is generally divided into stages, which may include, but are not limited to:

  • Stage 1 — consultations, site visit, measuring, development of the concept and design project;

  • Stage 2 — preparatory works on site (cleaning, waste removal, preparation of the base and infrastructure);

  • Stage 3 — manufacture and installation of custom structures (framework, wood, bases for sauna, platforms, etc.);

  • Stage 4 — supply and planting of plants, installation of irrigation systems, décor and finishing touches.

The specific list of stages and their cost is specified in the Order/estimate.

6.4. Payment for each stage is made in advance or in instalments, in accordance with the payment schedule specified in the Order. Payment for Stage 1 (project development), once the project has been delivered to the Client (electronically or in hard copy), is non-refundable, except in cases expressly provided for by the Law.

6.5. If, at the time of cancellation of the transaction, the Company has already commenced providing the Services, the Client is obliged to pay for the Services actually rendered, including but not limited to:

  • site visits and meetings;

  • professional consultations;

  • preparation of the concept and sketches;

  • development of a complete design project (drawings, planting plans, plant and material specifications);

  • removal/cleaning/preparation of the balcony/area;

  • manufacture and partial or complete installation of custom structures;

  • procurement and any penalties or costs charged by third-party suppliers and manufacturers.

6.6. The cost of said Services may be determined:

  • either on the basis of rates specified in advance in the price list or in the Order,

  • or by a reasonable assessment of the volume of work performed at the time of cancellation, as confirmed by an act/report of the Company.

6.7. The amount subject to refund to the Client is calculated as the difference between:

  • the total amount received from the Client under the Order, and

  • the cost of Services actually rendered,

  • the cost of Products supplied/purchased and not returnable to suppliers,

  • and any cancellation fee permitted by the Law.

6.8. With respect to Products and structures manufactured to the Client’s custom order (including, but not limited to, non-standard size planters/structures, items made for a specific site, bases for a sauna, etc.), as well as Products which are non-returnable under the Law or under supplier terms, the right to cancel the transaction may be restricted or not available. In such cases, prepayments for custom Products and work for their manufacture are non-refundable, except in cases expressly provided for by the Law (material defect, etc.).

6.9. If the works performed and the structure comply with the approved project, and the Client’s refusal is based on subjective reasons (“I don’t like it”, “it turned out too big/tall/large-scale”, etc.), such refusal shall not be considered a defect in the Service. In this case, the Client is not released from the obligation to pay for the works performed, materials used and other expenses incurred by the Company.

7. Changes to the Project and Scope of Work at the Client’s Initiative

7.1. Any changes to the project after its approval (changes in structure dimensions, positioning, materials, plant list, etc.) must be documented in writing (messenger message, email, signed sketch/estimate) and are treated as additional works.

7.2. Additional works and materials are subject to separate payment at the Company’s prevailing rates and/or under an additional estimate agreed with the Client.

7.3. If the scope of work is reduced at the Client’s initiative (for example, cancellation of part of the structures, plants or project elements), this is considered a partial cancellation of the Order. The Client is obliged to pay for:

  • the works already performed under the original scope;

  • materials purchased specifically for this Order which cannot be reasonably used in other projects without significant loss;

  • any costs associated with dismantling/modifying previously completed elements where the Client requires such change or removal.

7.4. Oral arrangements reached on site and subsequently confirmed in writing via messenger/email are considered a valid agreed amendment to the Order.

8. On-Site Approval of Dimensions and Design Solutions

8.1. Before starting the construction of large custom structures, the Company’s representative may agree on approximate dimensions and positioning of the structure directly on site (marking on floors/walls, verbal explanations, on-site demonstration, photo/video documentation, etc.).

8.2. Confirmation of such marking by the Client (in correspondence, orally in the presence of a witness, by approval of photos/videos, by signing a scheme, etc.) is deemed final approval of the dimensions and positioning of the structure.

8.3. Subsequently, any Client’s claim that “the scale was not clear” or “it turned out unexpectedly big/tall” where the approved dimensions have been followed, shall not be a basis for considering the works as non-compliant and does not release the Client from payment for the works and materials.

9. Refund Processing and Timeframe

9.1. After the Client has submitted a cancellation request and/or a claim for a refund, the Company and the Client shall carry out the necessary preparatory actions, clarifications and reconciliations, including, where applicable, checking the scope of Services actually rendered, the status of Products (delivered, installed, returned, returnable/non-returnable), and any amounts payable to or by third-party suppliers.

9.2. Once all such preparatory actions, clarifications and reconciliations have been completed, and the final refundable amount (if any) has been confirmed in writing by both parties (including, for example, by e-mail or written messenger correspondence), the Company shall process and execute the refund of such amount within 21 (twenty-one) days, provided that the refund is not dependent on any third-party supplier.

9.3. If and to the extent that the refund is contingent upon:

  • (i) the physical return of goods to any third-party supplier, and/or

  • (ii) the receipt by the Company of corresponding funds, credit or confirmation from such third-party supplier,

the above 21-day period shall be extended by the additional time reasonably required for the relevant supplier(s) to process the return and transfer the funds or credit to the Company.

9.4. The Company shall act in good faith and use reasonable efforts to ensure that any supplier-dependent steps (returns, refunds, credits) are processed as quickly as practicable.

9.5. Unless otherwise required by applicable law or expressly agreed in writing with the Client, all refunds shall be made using the same payment method originally used by the Client for the relevant transaction, where technically and commercially feasible.

10. Grounds for Full Refund

10.1. If the cancellation of the transaction is due to a material breach of obligations by the Company (for example, the Services were not commenced within a reasonable period, the Products were not supplied, or the works are carried out with significant deviations from the agreed Order without the Client’s consent), the Client is entitled to request a refund of the amounts paid to the extent provided for by the Law.

10.2. Consideration of such claims and refunds in these cases is carried out in accordance with the procedure established by the Law and is not limited by the internal rules on cancellation fees where the Law provides otherwise.

11. Claims Procedure

11.1. All claims regarding the quality of the Services and Products, as well as issues of cancellation/refund, shall be submitted by the Client in writing using the contact details of the Company specified on the website.

11.2. The Company reviews the claim within a reasonable period and provides the Client with a written response. If necessary, the parties may conduct an additional inspection of the site and/or Products.

11.3. If no agreement is reached, the dispute may be submitted to the competent court in accordance with the laws of the State of Israel.

12. Amendments to this Public Offer

12.1. The Company is entitled to unilaterally amend the terms of this Public Offer. The new version enters into force from the moment of its publication on the website and applies to transactions concluded after the date of such publication.

12.2. For transactions concluded before the amendments, the terms effective at the time of conclusion of the transaction shall apply, unless otherwise provided by the Law or by a separate agreement between the parties.

13. Primacy of the Law

13.1. Nothing in this Public Offer shall limit or diminish the Client’s mandatory rights as a consumer granted by the Consumer Protection Law and other mandatory legislation of the State of Israel.

13.2. In the event of any contradiction between the provisions of this Public Offer and the mandatory norms of the Law, the provisions of the Law shall prevail.

Best regards and best wishes,
Nataliya Shor

tel: +972 (54) 494-23-25
e-mail: nataliya.shor@gmail,com

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