These Terms of Use ("Terms") form a binding agreement between you and Ruben Besserat ("Aven", "we", "us"), the operator of the Aven (אבן) mobile application and related services (collectively, the "Service"). By creating an account, signing in, or otherwise using the Service, you confirm that you have read, understood, and agreed to these Terms. If you do not agree, do not use the Service.
These Terms are governed by the laws of the State of Israel without regard to conflict-of-laws principles. The courts of Tel Aviv-Jaffa have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, except that consumers entitled to bring claims in their place of residence under mandatory law may do so.
Aven is an online marketplace that connects independent buyers and sellers of pre-owned and vintage fashion. The contract of sale for any item is entered into directly between the buyer and the seller. Aven is not a party to that contract, does not take title to listed items, does not handle the items, and makes no representations about their authenticity, condition, quality, legality, or fitness for any purpose.
Aven does not act as an agent, broker, fiduciary, or guarantor for any user. Statements such as "verified seller", "popular item", or similar are descriptive only and are not a guarantee of any item or seller.
By listing an item on Aven, you (the seller) represent and warrant that:
By placing an order or accepting an offer on Aven, you (the buyer) acknowledge that:
The Service currently supports settlement of orders via Bit (P2P): the buyer transfers funds directly to the seller, the seller confirms receipt in-app, and the order moves to "paid". Aven does not hold buyer funds or operate an escrow service. Money flows directly between users; Aven is not a payment institution, money services business, or financial intermediary within the meaning of the Supervision of Financial Services (Regulated Financial Services) Law, 5776-2016.
Aven may, in the future, offer optional payment services through a licensed third-party payment service provider. Such services will be governed by an additional addendum and will not become effective until those Terms are accepted in-app.
Aven may charge a platform fee in connection with use of the Service. Fee amounts (currently 0% while we operate in early access) and any future changes will be displayed transparently in-app before they take effect and apply only to transactions completed after the change is published.
By posting listings, photos, profile information, live broadcasts, chat messages, or reviews ("User Content"), you grant Aven a worldwide, non-exclusive, royalty-free, sub-licensable licence to host, store, reproduce, display, distribute, and create derivative works of the User Content, solely for the purposes of operating, promoting, and improving the Service. You retain ownership of your User Content. Reviews must be truthful, based on a real transaction, and must comply with the Defamation Law, 5725-1965.
Aven may remove User Content that we reasonably believe is defamatory, infringing, threatening, sexually explicit, hateful, or otherwise in breach of these Terms or applicable law. Repeat offenders will be suspended or terminated.
If an item arrives significantly not as described (e.g., damaged in a way not disclosed, materially different from the listing, counterfeit), does not arrive at all, or the buyer suspects fraud, the buyer may open a dispute through the in-app flow within 72 hours of delivery (or, where the item has not arrived, within 14 days of the carrier's expected delivery date).
Counterfeit claims are handled jointly under this Section and the IP Policy. A confirmed counterfeit listing will be removed, the order refunded where possible, and the seller suspended.
You agree not to:
Breach may result in warnings, listing removal, refunds, account suspension, or termination, in addition to civil or criminal liability under applicable law.
The Service, including the Aven name, logo, design, and source code, is owned by Aven and its licensors and is protected by Israeli and international IP laws. Nothing in these Terms grants you any right to Aven's IP except the limited right to use the app as described here.
If you are a rights holder and believe content on Aven infringes your trademark, copyright, or other IP, please send a notice as described in the IP Policy. We operate a notice-and-takedown procedure and will respond promptly.
You may delete your account at any time from Settings. Aven may suspend or terminate your account with or without notice if we reasonably believe you have breached these Terms or applicable law, or where required to protect other users, the Service, or third parties. Pending transactions will be completed or refunded where practical. Sections that by their nature should survive termination (including §§ 7 fees, 9 licence, 14 disclaimers, 15 liability cap, 17 governing law) will survive.
The Service is provided "as is" and "as available". To the maximum extent permitted by law, Aven disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, authenticity of items, accuracy of listings, reliability of users, and uninterrupted or error-free operation. Nothing in these Terms excludes liability that cannot be excluded by mandatory Israeli law (including bodily injury caused by gross negligence).
To the maximum extent permitted by law, Aven's aggregate liability to you arising out of or in connection with these Terms or the Service in any 12-month period is limited to the greater of (a) the platform fees Aven actually received from transactions involving you in that period, or (b) ₪500. Aven is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, or goodwill. These limits do not apply to liability that cannot be limited by mandatory law.
You will indemnify and hold harmless Aven, its officers, employees, and agents from any third- party claim, loss, or expense (including reasonable legal fees) arising from (a) your User Content, (b) your breach of these Terms, the Listing Policy, or the IP Policy, (c) your transactions with other users, or (d) your violation of applicable law.
These Terms are governed by the laws of the State of Israel. Any dispute will be resolved by the competent courts of Tel Aviv-Jaffa, except as required by mandatory consumer-protection law. The parties will first attempt good-faith resolution through the in-app dispute flow or direct contact at the address below before commencing court proceedings.
Aven may amend these Terms from time to time. Material changes will be announced in-app at least 14 days before they take effect; continued use of the Service after the effective date constitutes acceptance. Where mandatory law requires consent, we will request it via an in-app prompt.
Operator: Ruben Besserat, Israel.
General & legal contact: rbesserat@gmail.com (interim).
Reserved domain addresses (to be activated): legal@aven.co.il, support@aven.co.il, ip@aven.co.il, privacy@aven.co.il.