Vendor: Jacob & Co North America, 48 East 57th Street, New York, NY 10022, U.S.A
Person in charge of telephone and websales: Paul Wahlgren, Jacob & Co North America
Address: Jacob & Co North America, 48 East 57th Street, New York, NY 10022, U.S.A
The following terms and conditions and any other related rules made available in writing by Jacob & Co (collectively the Conditions of Sale) are applicable to all Jacob & Co products that you (the Customer) may order from Jacob & Co North America, having its corporate headquarters at 48 East 57th, New York, NY 10022, U.S.A (Jacob & Co or referred to herein as "our" or "we") either (a) by phone (1-212-888-2330) via the customer contact center of Jacob & Co (the Customer Contact Center) or (b) on the Internet via Jacob & Co Website, identified by the domain name "www.jacobandco.com" (the website).
By placing an order through the Customer Contact Center or on the Website or by registering at the Customer Contact Center or the Website to purchase Jacob & Co products, you guarantee that you are a legitimate customer in accordance with the terms and conditions set forth below and that you accept to be bound by these Conditions of Sale.
These Conditions of Sale apply only to sales made through the Customer Contact Center or the Website. The Conditions of Sale applicable to any order placed through the Customer Contact Center or the Website are those in force on the date you place your order. Sales Conducted through Jacob & Co retail boutiques are not subject to these Conditions of Sale.
Jacob & Co may modify the Conditions of Sale from time to time, at its sole discretion, and your continued use and/or registration following such change will signify your agreement to be bound in the future by the modified Conditions of Sale.
Please read the Conditions of Sale and check the Website on a regular basis to be informed of any changes. If you do not agree to any change to the Conditions of Sale, then you must immediately contact the Customer Contact Center to cancel your registration and refrain from ordering any Jacob & Co product through the Customer Contact Center or the Website.
For those persons wishing to use the Customer Contact Center or the Website, they must read and agree to be bound by our policies relating to those services. In particular, we draw your attention to our website of use (http://www.jacobandco.com) and our Jacob & Co E Boutique and Customer Contact Center Privacy Notice, which are incorporated to these Conditions of Sale by reference.
Registration and orders are limited to physical persons who are citizens or residents of the United States of America, the 50 states located therein and the District of Columbia.
Jacob & Co products are exclusively available for sale to end-user Customers only and may not be bought for re-sale, commercial purposes or any other commercial benefit. Consequently Jacob & Co further reserves the right to refuse orders placed by Customers who breach this condition or if Jacob & Co reasonably suspects, in its sole discretion, a Customer has breached, intends to breach, or evidences that it will breach this condition. Moreover, in the event that Jacob & Co reasonably suspects that a third party has breached a customer's registration, password and/or account login, Jacob & Co shall immediately cancel and terminate the account.
3. Product Availability
All orders placed through the Customer Contact Center or on the Website are subject to availability and acceptance by Jacob & Co.
Jacob & Co reserves the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products. Currently, your order may not exceed five (5) products in any buying session on the Website or through the Customer Contact Center.
Jacob & Co reserves the right to change the assortment of items offered and to limit the quantity of items that may be purchased from time to time and at any time, without prior notice.
You may browse the product pages of the Website or contact the Customer Contact Center, to discover products that are currently available for sale. Please note that only those creations displaying a details and purchase button are available for sale through the Website. You may also call the Customer Contact Center (1-212-888-2330) and a Jacob & Co ambassador will provide you with further information as to product availability and assist you with your purchase.
4. Registration and Personal Information
In order to place an order through the Customer Contact Center or on the Website, you will be required to register and create an online account. During this process, you will be required to provide valid and up-to-date personal information, such as your legal name, date of birth, phone number and e-mail address.
We may change the information required to place an order or the registration requirements from time to time. Please refer to our website, U.S. E-Boutique and Customer Contact Center Privacy Notice for more details.
When placing an order through the Website, you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. Additional information may be collected by Jacob & Co or its third party providers at this time for security and anti-fraud purposes.
You represent and warrant that the personal information you provide the Website is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided.
If you are ordering on the Website, orders will be processed as follows: Once you have chosen a product, click on the 'Add to Shopping Bag' button to place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to 'Checkout' by clicking on this button. You may also remove one or several products you have selected by clicking on 'Delete' next to the chosen product in the Shopping Bag. When you have completely reviewed your order, click on the 'Confirm and place order' button on the Website to place your order.
We explicitly reserve the right not to accept your order, or to cancel the purchase agreement after the automated order confirmation.
5.1 Our right to not accept your order or cancel your purchase.
By placing an order the customer is making an offer on the site and the contract will be formed only if the customer's order is accepted by Jacob & Co.
We reserve the right to refuse any order for whatever reason. We also reserve the right to cancel any purchase (an order already accepted by us) in (amongst others) the following situations, without being liable for any damage or costs:
- * the product is not available / in stock (any payments will be refunded);
- * your billing information is not correct or not verifiable;
- * your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
- * we have reason to believe that you are a reseller;
- * there was an error in the price quote;
- * we could not deliver to the address provided by you.
When ordering by telephone through the Customer Contact Center (1-212-888-2330), a Jacob & Co ambassador will follow the order process on your behalf.
Notwithstanding anything to the contrary provided for herein, Jacob & Co reserves the right to refuse, cancel and terminate orders at any moment in time. For example, Jacob & Co may refuse your order if there is an ongoing dispute concerning payment of a prior order or if Jacob & Co reasonably suspects that you have violated these Conditions of Sale or that you have engaged in fraudulent or grey market activities.
6. Prices, Tax and Shipping Costs
All prices shown on the product pages of the Website or mentioned by the Customer Contact Center are in U.S. Dollars.
All prices and offers remain valid as advertised from time to time. Jacob & Co reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Website or advertised by the Customer Contact Center, at the time your order is accepted by Jacob & Co, will be honored by Jacob & Co.
Actual shipping costs and applicable taxes will be reflected in the Confirmation of Order and invoice. Delivery costs and estimated sales and use taxes are not stated on the product pages but will be added to the product price after you have chosen your delivery options. The actual sales tax will be calculated when we dispatch the order. Please note that, in exceptional cases, the actual sales tax charged to your order may vary depending on changes in applicable law between the date you placed your order and the date we send you the Confirmation of Order.
7. Payment by Credit Card
Jacob & Co accepts the following credit cards: Visa, MasterCard, American Express, Diners Club International and Discover. Cards issued by banks domiciled outside the United States of America must be international credit card
When ordering on the Website, you will need to enter your payment details on the appropriate form. You hereby represent and confirm that you are the legitimate holder of the credit card that you will use for payment and that your payment details are correct.
If you decide to order by telephone, you will need to communicate to the Customer Contact Center your credit card number and your three- or four- digit security code that is printed on the back or the front of your card (CVV2/CVC2/CID). Your telephone conversation will be recorded for security reasons and retained for the statutory period.
All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Jacob & Co, you will need to contact your card issuer directly to solve this problem, and Jacob & Co will not be liable for any delay or non-delivery.
Upon authorization by the card issuer, the amount of your purchase will be blocked on your credit card until your order is dispatched to the shipping address you have provided to Jacob & Co. The amount of your order will only be debited from your bank account at the time of dispatch.
To help ensure that your shopping experience is safe, simple and secure, all credit card transactions performed on the Website are processed using a secure online payment gateway that encrypts your card details in a secure host environment. Furthermore, Jacob & Co will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we shall not be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing the Website or ordering from the Customer Contact Center.
In order to secure your transactions and prevent fraud, by making an offer to purchase Jacob & Co products on the Website or through the Customer Contact Center, you expressly authorize Jacob & Co to perform credit checks and, where Jacob & Co deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
8. Review and Confirmation
You should carefully check all details before placing your order through the Customer Contact Center or on the Website, including without limitation, the Order Reference Number and the particulars of the sale, which will be provided on the Website or by the Jacob & Co ambassador.
Once you have confirmed and placed your order, Jacob & Co will issue an Order Reference Number, and acknowledge that it has received your order, which will be processed following the usual credit and anti-fraud checks. Please make sure that you save this Order Reference Number for any future enquiries.
On placing an order through the Website or the Customer Contact Center, you are making an offer to Jacob & Co to purchase the products, in accordance with these Conditions of Sale.
9. Acknowledgment of Order
Once you have made your choice and your order has been placed through the Customer Contact Center or on the Website, you will receive an email acknowledging the details of your order.
This acknowledgement of order is not an acceptance of your order.
When ordering by telephone through the Customer Contact Center, these Conditions of Sale will be sent to you by email or by fax with the acknowledgement of your order, or the Jacob & Co ambassador will refer you to the Conditions of Sale posted on the Website and include copy of these Conditions of Sale in the delivery package. Please carefully review these Conditions of Sale upon receipt.
10. Confirmation of Order
Upon dispatch of your order, Jacob & Co will send you by email or by fax a written Confirmation of Order. Acceptance of your order by Jacob & Co concludes the offer and acceptance process; the result being the formation of an executed sales contract at the time Jacob & Co sends the Confirmation of Order for the purchase of Jacob & Co products and associated services.
11. Proof of Agreement
The Acknowledgement of Order and Confirmation of Order that are sent to you by fax or by email, are deemed to be received when you are able to access it on your fax machine, computer, mobile or handheld device.
The Confirmation of Order and any automatic recording systems used by the Customer Contact Center or on the Website will be proof of a binding agreement between you and Jacob & Co .
Jacob & Co will preserve information concerning all orders for a minimum of four (4) years. These records may be made available to you by registering on the 'My Jacob & Co' section of the Website or by sending a legally notarized letter to: Jacob & Co North America e-Boutique 48 East 57th Street, New York, NY, 10022. However, you are advised to keep a copy (electronically and/or on paper) of all information associated with your order (i.e. the Acknowledgement of Order and the Confirmation of Order).
12. Complimentary Services
The following complimentary services will be proposed, free of charge, on the Website or by the Customer Contact Center:
Engraved Jacob & Co products cannot be returned to Jacob & Co for exchange or refund.
Watch Bracelet adjustment
Bracelet adjustment is available on certain watches. If you require a watch bracelet adjustment, the removed links will be returned to you and included in the delivery package.
13. Shipping Policy
We only take orders for delivery to addresses in the United States of America, the 50 states located therein, and the District of Columbia. Please note that Jacob & Co does not ship to PO boxes, APO/FPO addresses and hotels.
Delivery costs are charged to you by Jacob & Co, which are in addition to the price of the Jacob & Co products themselves. The cost of delivery shall be calculated according to the purchase value of your order as indicated in these Conditions of Sale.
When estimating package delivery time, please allow time for credit approval, address verification and order processing. Once the order is processed and ready for dispatch, we will send you the Confirmation of Order by email or by fax.
We will use reasonable efforts to ensure the following estimated delivery lead times from the date of your order:
Type of Delivery
Estimated Delivery Lead Time
FedEx - Not available for products shipped to Alaska or Hawaii
Overnight Delivery* (subject to stock availability
2nd Day Air
Next Day Air
UPS - Not available for products shipped to Alaska or Hawaii
Overnight Delivery* (subject to stock availability)
Each delivery package will contain, in addition to your purchased Jacob & Co product: (i) all related accessories, if any; (ii) the document holder including the Product Manual, as applicable, and the Certificate of Authenticity and Warranty Card; (iv) these Conditions of Sale; (v) the return form and pre-paid return label and (vii) the packing slip without price.
Jacob & Co insures each purchase during the time it is in transit until it is delivered to you. We require a signature by an adult to confirm your acceptance of each Jacob & Co product delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sale contract by Jacob & Co and transfer of responsibility to the recipient in the same way as if the product had been delivered to you via FedEx or UPS.
14. Return Policy
In order to ensure your total satisfaction, you may return Jacob & Co products in accordance with the return and exchange policy set forth below. Returns of Jacob & Co products which are not in compliance with the conditions and timeframes set forth below may be rejected by Jacob & Co and will be sent back to you.
Jacob & Co allows the Customer or the Gift Recipient to return Jacob & Co Products purchased on the Website or through the Customer Contact Center within fourteen (14) days of receipt of the product.
If you wish to return a product to the Jacob & Co e-boutique distribution center, you must comply with the following steps: I) Call the Customer Contact Center at 1-212-888-2330 to request a Return Authorization Number (RAN). This number is required prior to returning any product to Jacob & Co , II) Fill out the required information, list your Return Authorization Number (RAN) on the return form and sign it, III) Include the completed return form with the product, all its accessories, the Product Manual, the Certificate of Authenticity, the Warranty Card and all other documents, in its original box and delivery package, IV) Seal the delivery package and affix the pre-paid delivery label to it, V) Drop the package at any Fedex or UPS location or call Fedex or UPS to arrange pick-up.
Should the Customer or Gift Recipient decide to return a purchased item within the 30-day period, Jacob & Co and Customer or Gift Recipient, as the case may be, agree that Jacob & Co maintains a special interest in the merchandise and will therefore purchase insurance on the returned merchandise. Jacob & Co is under no obligation to do so but will take this initiative for its Customer's or Gift Recipient's convenience.
You must keep a proof of return shipment, and Jacob & Co accepts no liability in the event you are unable to produce such proof. Only merchandise received by the Jacob & Co e-boutique distribution center will be eligible for a refund.
Upon receiving your return, Jacob & Co will verify that the returned product satisfies the conditions of the return policy.
Conditions to Return a Product
Jacob & Co products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them. Jacob & Co will not accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way.
Engraved Jacob & Co products cannot be returned to Jacob & Co for exchange or refund.
Watch bracelets that have been adjusted at the Customer's request must be returned with the exact same number of links as in the original delivery package.
All returns will be subject to strict Quality Control (QC) by Jacob & Co to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, Jacob & Co will refuse the return, and the products will be sent back to the Customer or the Gift Recipient, as applicable. If the returned product satisfies Quality Control (QC), Jacob & Co will proceed with the applicable refund or exchange.
Refunds and Merchandise Credit
Should a product be returned to the Jacob & Co e-boutique distribution center, only the Customer will be entitled to receive a refund. In no event will a Gift Recipient be entitled to receive a refund.
Except for delivery of a defective product or a return that is made pursuant to the Customer's right to cancel a telephone sale, initial shipping charges will not be refunded to the Customer. If your return complies with the return policy, Jacob & Co will use reasonable efforts to credit the refund to the Customer's credit card no later than fourteen (14) days after receipt of the returned item by the Jacob & Co e-boutique distribution center.
Customers and Gift Recipients may return a product purchased on the Website or through the Customer Contact Center and, if the returned product satisfies the conditions of the return policy, exchange it for another item.
Jacob & Co will send an invoice to the Customer which specifies the value of the returned product, the price of the item for which the original product has been exchanged and the difference to be paid by Customer or the amount that the Customer is entitled to receive, as indicated below.
Should a product be returned for exchange to the Jacob & Co e-boutique distribution center by a Customer or Gift Recipient, the Customer will be entitled to receive a refund of the price difference, if the returned product is more expensive than the exchanged item. If the returned product is less expensive than the exchanged item, the Customer or Gift Recipient, as applicable, will be charged the difference in price.
Customer's right to cancel telephone sales
If you, as a Customer, decide you do not want the goods or services ordered through the Customer Contact Center, you may cancel the sale contract by mailing a notice to Jacob & Co. The notice must state that you do not want the goods or services and it must be mailed before midnight of the third business day after we send you the acknowledgement of order. The notice must be mailed by registered letter to: Jacob & Co North America e-boutique, 48 East 57th Street, New York, NY, 10022. If you receive the products, you must refuse the delivery or return the products upon receipt using the pre-paid label included in the delivery package and Jacob & Co will use reasonable efforts to refund the full price you paid, no later than fourteen (14) days after receipt of your request to cancel the order.
Jacob & Co is extremely cautious in ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.
If nevertheless you receive a product which seems to be damaged, you may return it to Jacob & Co in accordance with the return policy. Upon receipt, Jacob & Co may classify the returned product as a defective product. Please note that items that are damaged as a result of wear and tear are not considered to be defective.
If your product is declared as defective by Jacob & Co, the following solutions will be proposed to the Customer or the Gift Recipient, as applicable: I) Jacob & Co. may send you the same product in the exact same size, subject to availability, II) Jacob & Co. may propose an exchange for another Jacob & Co. creation of equivalent or higher value, in which case the initial price will be deducted and you will be required to pay only the difference, or III) Only you, as the Customer, may request a refund of the full price of your initial purchase.
For any repair inquiries, please contact our Customer Contact Center by emailing email@example.com or by calling 1-212-888-2330.
If you purchase a Jacob & Co product as a gift ("Gift") for someone (the "Gift Recipient"), you will have the option to choose whether you wish to receive an invoice. If you choose to receive an invoice, Jacob & Co will send such invoice to your billing address by regular mail (Jacob & Co. will never send the invoice and payment details to the Gift Recipient).
17. Warranties / Limitation of Liability
WHILE JACOB & CO WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION IT PLACES ON THE WEBSITE, IN ADVERTISEMENT OR BY THE CUSTOMER CONTACT CENTER IT MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY, RELIABILTY AND COMPLETENESS OF SUCH INFORMATION. THIS INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE, AND JACOB & CO. MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO SUCH INFORMATION, OR ANY TRANSACTION THAT MAY BE CONDUCTED ON OR THROUGH THIS WEBSITE OR THE CUSTOMER CONTACT CENTER INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. IN NO EVENT JACOB & CO. WILL BE LIABLE FOR DAMAGES OTHER THAN ACTUAL DIRECT DAMAGES PROVEN IN A COURT OF LAW.
WHILE EVERY EFFORT WILL BE MADE TO ENSURE THAT THE PHOTOGRAPHS OR GRAPHICAL REPRESENTATIONS OF THE JACOB & CO. PRODUCTS DISPLAYED ON THE WEBSITE ARE REPRESENTATIVE OF THE COLOR, DESIGN, AND STYLE OF THE ORIGINAL PRODUCTS, SLIGHT VARIATIONS MAY OCCUR FOR TECHNICAL AND OTHER REASONS. ACCORDINGLY, JACOB & CO. SHALL NOT BE LIABLE FOR ANY ERROR OR INACCURACY IN THE PHOTOGRAPHS OR GRAPHICAL REPRESENTATIONS OF JACOB & CO. PRODUCTS DISPLAYED ON THE WEBSITE.
At our request, you agree to defend, indemnify and hold harmless Jacob & Co , its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Conditions of Sale by you or any other liabilities arising out of your use of this Website, or the use by any other persons accessing this Website using your Internet account or account login. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.
19. Entire Agreement
The Conditions of Sale (as amended from time to time) constitutes the entire agreement between you and Jacob & Co regarding your use of the Customer Contact Center and the Website and any transactions you may have with Jacob & Co through either the Customer Contact Center or the Website, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Jacob & Co. in relation to such matters. In the event any other rules, code of conduct, or other matter posted on the Website conflicts with the terms of the Conditions of Sale, the Conditions of Sale shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the Conditions of Sale. You confirm that, in agreeing to accept the Conditions of Sale, you have not relied on any representation save insofar as the same has expressly been made a representation in the Conditions of Sale and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the Conditions of Sale save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the Conditions of Sale.
20. No Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
21. Governing Law
The Conditions of Sale shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in the State and County of New York.
Last Revised: April 18, 2013