JACOB & CO. TERMS AND CONDITIONS
Kindly read these Jacob & Co. Terms and Conditions (the "Conditions of Sale") carefully.
Please be advised that these Conditions of Sale are applicable to any order placed through www.jacobandco.shop website only (the "Website") and do not apply to any sales made through any other sales channels.
Website is an authorized Jacob & Co. online retailer. Please note that by placing an order for products you consent to these Conditions of Sale.
I.Updates to the Conditions of Sale. We may make changes from time to time to these Conditions of Sale so please check back regularly to keep informed of updates. The latest version of these Conditions of Sale will always be available on the Website. Any new version of these Conditions of Sale shall take effect immediately upon the date of posting and will govern any orders of products or services made as from that date. Any changes to the Conditions of Sale made after you have placed an order will not affect that order and your relationship with us, except as may be required by applicable law.
II.Purchasing Eligibility.As a dealer in precious metals, precious stones, or jewels, Website and Jacob & Co. affiliated entities are subject to the Bank Secrecy Act ("BSA") and implement regulations promulgated by the U.S. Department of the Treasury's Financial Crimes Enforcement Network ("FinCEN"). As such, FinCEN regulations require Jacob & Co. to take certain measures to prevent it from being used to facilitate money laundering or terrorist financing, as enumerated at 31 C.F.R. Part 1027. Please be advised that Jacob & Co. reserves the right to refuse sale to any customer, and specifically any Website customer, who fails our internal compliance requirements. Moreover, by placing an order through the Website, you represent and warrant that you are a bona fide end-user customer purchasing for your own or another's personal use and will not deliver, sell or otherwise distribute our products or purchase our products for commercial purposes.
III.Product Availability & Quantity.All orders placed through the Website are subject to availability and acceptance of such orders by us. Additionally, certain products shown may not be immediately available for sale and delivery. The Client Relations Center can provide more information in regards to these products. Quantity limits may apply in relation to orders for certain products. We reserve the right to refuse at any moment in time, without prior notice, any orders and or orders exceeding a certain number of authorized products.
IV.Prices, Taxes & Shipping Costs.All prices shown on the product pages of the Website, if applicable, or quoted by the Client Relations Center exclude sales taxes and shipping costs and other taxes unless otherwise stated. Sales, use or other taxes will vary based on the location to which products are being shipped. We reserve the right to modify prices and delivery costs at any time without prior notice. We take reasonable care that the prices of products and delivery costs are correct at the time when the relevant information is entered into the system. However, it is always possible that, despite our reasonable efforts, some of the products offered through Website or delivery costs may be incorrectly priced. If any of the products you place an order for or any delivery costs are incorrectly priced, we will contact you as soon as possible to inform you of this error. If we are unable to contact you using the contact details you have provided during the order process, we reserve the right to cancel the order and notify you in writing. If we mistakenly accept and process your order where a pricing or delivery cost error occurs, we reserve the right to cancel delivery of the product and refund you any sums you have paid.
V.Shipping Times & Rates.Currently, we are only able to accept online orders to shipping addresses within the United States and do not ship internationally. To ensure the secure delivery of your order, Jacob & Co. does not ship orders to post office boxes. Jacob & Co. is able to accept post office box addresses for your billing needs. For each address within the United States, the following applies:
1.FedEx Ground Shipping: Free of Charge. Please allow 3-5 business days for delivery. Items ordered together may not always ship together. For any Express Shipping please contact our Client Relations Center.
2.Upon shipment of your order, we will send you a Confirmation of Order & Shipment in writing (by e-mail ). This Confirmation of Order & Shipment constitutes our acceptance of your order and indicates the existence of a binding sales contract. If delivery of products is delayed by an event outside our control, we will inform you as soon as possible and will use reasonable efforts to minimise the effect of the delay. If we do not deliver within thirty (30) days from the date of the written Confirmation of Order & Shipment or any other time limit as indicated by us, you may contact the Client Services Center to cancel the relevant order and get a refund of any sums you pre-paid us for any products which you have not received. In any event, your sole remedy for any failure by us to deliver the order to you shall be your right to cancel the relevant order and receive a refund of sums you pre-paid us for any products which you have not received. When estimating your delivery time, please allow time for credit approval, address verification, security checks and order processing. Please note that delivery is always subject to receiving your full payment.
3.We will require a handwritten or electronic signature by you, or a person at the nominated delivery address (unless arranged by you otherwise), to confirm the delivery of each product, at which point risk and 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 a person at the delivery address) is evidence of delivery and fulfillment of the sales contract by Jacob & Co. and transfer of responsibility to the recipient in the same way as if the product had been delivered to you. We reserve the right to deliver products only to the person who is the intended recipient of the order as stated on the label of the parcel and to request ID check for verification purposes at the time of delivery of products. Please call our Client Relations Center for more information.
1.We accept the methods of payment identified as part of the order process on the Website. Depending upon the means of payment, we may require additional information, including specific forms of identification, payment authorization forms.
2. You expressly authorize us to perform security checks, where we deem necessary and in accordance with our AML/KYC compliance program, 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 payment card details, to authenticate your identity, to validate your payment card, to obtain an initial payment card authorization and to authorize individual purchase transactions.
3. Jacob & Co. is prohibited under U.S. law from making sales of its goods to individuals or companies designated on the Office of Foreign Assets Controls ("OFAC") Specially Designated Nationals ("SDN") List, or to country destinations sanctioned by the U.S. Any such transactions will be declined.
VII.Returns and Exchanges.
1. Website Return Policy.
a. A return shall be accepted only if shipped to the following address:
Jacob & Co. Shipping Dept.
48 E 57th Street
New York, NY 10022
b. For any item that you'd like to return, simply use the return label if enclosed in your delivery, or visit this page to print a return label. Then drop off your package at the nearest Fedex location.
c. Articles are accepted for credit or exchange in the U.S. if returned within 14 days from the date of the delivery of the package, accompanied by a Website sales receipt. Some exclusions may apply.
2. Website Return Process:
a.We will verify that the returned product satisfies the conditions of the Website Return Policy, above, and, if so, then proceed with the applicable exchange or refund.
b. Our 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 (if applicable), as well as with the original Jacob & Co. box and delivery package, including all accessories and documents. We reserve our right not to accept any return if the product shows signs of wear or has been used or altered from its original condition in any way.
c. If you have received free items as part of your order, they must be returned with the products.
d. All returns will be subject to strict Quality Control ("QC") by us to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, we will refuse the return, and the products will be returned to you. If the returned product satisfies QC, we will proceed with the applicable exchange.
e. You must keep a proof of return shipment and we accept no liability in the event that such proof cannot be produced. Notwithstanding anything to the contrary, this section shall not apply towards any customized products. Certain merchandise may be subject to a restocking fee of ten (10%) percent.
3. Products you cannot return. Any Products purchased outside of Website, and through any other sales channels may not be returned. Orders for products that have been personalized in any way or otherwise made for you with bespoke specifications cannot be canceled and such products cannot be returned to us for exchange or refund. This includes, without limitation, products that have been engraved.
4.Processing Time. Please allow 5-7 business days for the return to be processed by your credit card company.
5. Form of Refund. Any and all returns will be processed to the original form of payment.
1. Jacob & Co. is delighted to offer cleaning and repair for most of our Products. Our services include:
-Professional jewelry resizing, cleaning, polishing and repair
2. Jacob & Co. may refuse to offer cleaning or repair services in the event of any previous repairs performed by a non-authorized repair facility/service center.
3. To submit a repair request by mail, click through this link to email our support team so that they can send you a shipping label for the repair.
4. Jacob & Co reserves the right to change for the services and repairs outside of the one year warranty coverage.
5. Jacob & Co may retain the replaced part that is exchanged during service as its property, and the replacement part or product will become your property. If applicable law requires Jacob & Co to return a replaced part to you if requested by you, you agree to pay Jacob & Co the retail cost of the replacement item and shipping.
6.The Jacob & Co. Warranty must be presented with products when submitted for repair or service.
IX.Manufacturer's Guarantee, Legal Consumer Rights.
1. We are committed to ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.
2. All products sold on the Website are covered by Jacob & Co. One (1) Year Warranty (the "Jacob & Co. Warranty").
3. Jacob & Co. Warranty shall be completed and dated at the time of purchase.
4. Jacob & Co. Warranty certificates with serial numbers that have been replaced, erased and/or made illegible are not eligible for warranty repairs. Failure to comply with the conditions for Jacob & Co. Warranty shall render the Jacob & Co. Warranty null and void. Jacob & Co. Warranty does not cover theft, loss or damage caused by accidental consequences (including drops, blows, shocks and crushing), misuse, abuse, improper repairs performed by a non-authorized repair facility/service center or damage caused by either natural disasters, extraordinary wear to the jewelry and/or moisture damage.
5. In your capacity as consumer, you may have legal rights under the applicable law governing the sale of consumer goods; those legal rights are not affected by these Conditions of Sale or the applicable Jacob & Co. Warranty.
X.Limitation of Liability.
1. To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the products and Sales Channels whether expressed or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice. Nothing in these Conditions of Sale limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Conditions of Sale for any order whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the price of the product(s) in your order. Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.
1. If any provision, or part of a provision, of these Conditions of Sale is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Conditions of Sale, and the legality, validity or enforceability of the remainder of the provisions of these Conditions of Sale shall not be affected, unless otherwise required by operation of applicable law.
2. These Conditions of Sale (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter. We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale which arises from any cause beyond our reasonable control.
3. The waiver by us of a breach of any provision of these Conditions of Sale will not operate to be interpreted as a waiver of any other or subsequent breach. This contract is between us and you. No other person shall have any rights to enforce any of its terms. However, if you purchase a product as a gift, the recipient of your gift will have the benefit of the applicable Jacob & Co. Warranty.
XIII.Applicable Law and Jurisdiction.
1. These Conditions of Sale shall be governed by and construed in accordance with the Federal Arbitration Act 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 of the Conditions of Sale, shall be adjudicated or arbitrated in accordance with the Conditions of Sale. Where the laws of the State of New York are different to the mandatory consumer laws in your own country, we will afford you with similar protection. We may also bring proceedings against you in the courts of the country where you are domiciled.
2. Any dispute, controversy or claim arising out of or related to the Conditions of Sale, including the validity, invalidity, breach or termination of the Conditions of Sale, or to any product purchased from Jacob & Co. through the Jacob & Co. Boutique will be resolved by binding arbitration, rather than in court, except that Jacob & Co. may assert claims in small claims court if such claims qualify. You understand and agree that you are waiving your right to sue or go to court to defend your rights, including to a trial by jury, under these Conditions of Sale. In addition, you and Jacob & Co. understand and agree that the parties will pursue any dispute on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other consumer.
3. You and Jacob & Co. agree that each may not bring a claim against the other as part of any class action, class arbitration, or other representative proceeding. The arbitration will be conducted in the state and county where you reside (as determined by your address on file with Jacob & Co. or at consumer's election, New York, New York, by the American Arbitration Association ("AAA") under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
4. Before bringing any dispute in arbitration, you and Jacob & Co. agree that you will first notify the other party and make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale or any potential or alleged breach thereof. This requirement is a pre-condition, and no claim shall be filed in arbitration (or small claims court) until this provision is first met.
XIII.Contact Jacob & Co.
If you have any questions or comments about these Conditions of Sale, or matters generally, please contact us at the address provided below.
Jacob & Co.
48 E 57th St. New York
Phone Number: 212 719 5887
We will store your personal information for only as long as necessary to fulfill the purposes for which it was collected, except where otherwise required or permitted by law. Once no longer required, your personal information will be securely destroyed or anonymized (so the information no longer identifies you).
Please note that if your personal information is collected by a third party, it will be retained in accordance with the privacy policies and records retention requirements of that third party.
XIV.Security of Your Personal Information.
1. We have implemented technical and organizational measures to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. These measures include physical, administrative and electronic (technological) security measures that are reasonable given the sensitivity of the personal information collected, the amount, distribution and format of the personal information, and the methods of storage. However, there is always a certain level of risk involved when personal information is collected, processed and stored and we are unable to guarantee the security of your personal information.
2. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.