Terms and Conditions
Table of Contents
1. Scope of application
2. Terms of Use of the Website
3. Products
4. Purchase procedure
5. Prices and payment terms
6. Delivery
7. Right of withdrawal
8. Special Products
9. Product conformity
10. Chargebacks and unjustified disputes
11. Liability and limitations
12. Compliance
13. Privacy and data protection
14. Governing law and jurisdiction
15. General provisions
Appendix A – Withdrawal Form
1. Scope of application
1.1 These General Terms and Conditions of Sale (the “Terms and Conditions”), together with the Terms of Use of the Website (Article 2 below) and the Privacy and Cookies Policy (available here: privacy and cookies policy ), govern all purchases of products made through the website www.jacobcohen.com (hereinafter the “Website”), owned and operated by Jacob Cohën Company S.p.A., registered with the Milan Companies’ Register (REA) under No. MI-2109529, VAT No. IT08566980960, with registered office at Via Vittor Pisani No. 20, 20124 Milan, Italy (hereinafter “Jacob Cohën”, “we”, “us” or the “Seller”).
1.2 These Terms and Conditions apply exclusively to purchases made on the Website by consumers, meaning natural persons who have attained the age of legal majority in their country of residence or, where they have not attained such age, who act with the consent of a parent or legal guardian, and who are acting for purposes outside their trade, business, craft or profession (hereinafter “you” or the “Customer(s)”). The Products are intended solely for personal use and are not intended for resale; orders for quantities exceeding normal personal use are not permitted.
1.3 By placing an order on the Website, you unconditionally accept these Terms and Conditions in the version in force at the time your order is placed. We reserve the right to amend these Terms and Conditions at any time; any such amendment shall apply only to orders placed after the amended version has been published on the Website. You may access, view and print these Terms and Conditions on the Website, and may download, copy and store individual pages in electronic form.
2. Terms of Use of the Website
2.1 Use of the Website. By accessing or browsing the Website, whether or not you are a Consumer, you fully accept these Terms of Use, our Privacy and Cookies Policy and any further guidelines made available to you, and you acknowledge that they are binding on you. If you do not accept these Terms and Conditions, or are unable to comply with applicable law, you must not browse the Website, register an account, or use our services. You are solely responsible for ensuring that your equipment (computer, laptop, tablet, smartphone or other device) meets the technical specifications required to access and use the Website. We may, from time to time, restrict access to certain features, sections or content of the Website, or to the Website as a whole, to registered users only.
2.2 Access to the Website and Registration. When registering an account, you must provide accurate, truthful and up-to-date information. We reserve the right to suspend or disable your account in the event of any breach of these Terms and Conditions or the provision of false registration details. Your login credentials (including your username and password or other identifier) are personal and confidential; you must not disclose them to any third party and you are responsible for all activity carried out through your account. You must notify us immediately, via the “Contact us” page, of any unauthorized use of your account or any other security breach of which you become aware. Your express acceptance of these Terms and Conditions is a condition for registration and for the activation of your account.
2.3 Management. The Website is owned and operated by Jacob Cohën. For certain aspects of its operation and for certain services, we engage selected third-party providers, including:
-
Website hosting - Shopify International Limited (“Shopify”), 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, Ireland - www.shopify.com
-
Payment processing - Shopify; PayPal (Europe) S.à r.l. et Cie S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg
-
Customer service - TFOUR S.r.l. (Odity Group), Via Durini 4, 20122 Milan - www.odity.com
-
Logistics - New Season Brothers S.r.l., Via Niccolò Tommaseo 11, 30014 Cavarzere (VE), Italy
-
Delivery - DHL Express (Italy) S.r.l., Via Lombardia 2/A, 20068 Peschiera Borromeo (MI), Italy
2.4 Disclaimer of Warranty. The Website and its content are provided free of charge, on an “as is” and “as available” basis. Neither we nor our partners give any warranty in relation to the Website, its operation or its content, including, without limitation, any warranty of continuity, freedom from interruption or operational error, protection against malicious software (such as viruses, bugs or malware), or fitness for a particular purpose; all such warranties are expressly excluded to the fullest extent permitted by applicable law. You are responsible for implementing appropriate IT security measures, including antivirus software and other safeguards, to meet your own requirements as to the security and reliability of the content. In the event of a malfunction affecting your account, you may contact Jacob Cohën and shall be entitled to any remedies available under applicable mandatory law.
2.5 Customer’s Liability. You are responsible for evaluating the information available on the Website and assume the risks associated with its use, including any interruptions, loss of data, and costs relating to the support and maintenance of hardware or software used in connection with the Website. Any breach, whether partial or total, of the Terms of Use set out in this Article 2 shall entitle us to terminate immediately all rights granted to you and to disable your account, including on a permanent basis.
2.6 Terms of Use. You may use the Website solely for personal, non-commercial purposes, in accordance with these Terms and Conditions and applicable law. Additional terms may apply to certain features, sections or content of the Website and, where applicable, will be displayed on-screen or made accessible via a link. Except as expressly permitted under these Terms and Conditions, you must not:
○ copy, extract or systematically store the content of the Website on any server or in any electronic database;
○ remove, alter or attempt to circumvent the Website’s security measures, or interfere with the proper functioning of the Website or the servers on which it is hosted;
○ create a link to the Website from any third-party website without our prior written consent; or
○ use the Website for any unlawful, defamatory, pornographic, obscene, vulgar, indecent or otherwise offensive purpose, or for any purpose that infringes the rights or reputation of any third party.
2.7 Intellectual Property. All intellectual property rights in the content of the Website (including text, graphics, software, photographs, images, videos, audio, trademarks and logos) belong to Jacob Cohën or its partners or licensors. Nothing in these Terms and Conditions grants you any right, title or interest in such content. Where you print, copy or save pages from the Website, to the extent permitted under these Terms and Conditions, you must reproduce faithfully all copyright, trademark and other intellectual property notices contained in the original content.
2.8 Content and right to amend. We reserve the right to amend the format and content of the Website at any time. Accordingly, you agree that your use of the Website is on an “as is” and “as available” basis, at your own risk. Although we take reasonable care to ensure the accuracy of the information published, such information does not constitute a representation, warranty or advice on which you should rely, and we recommend that you independently verify any information before acting on it.
2.9 External links. The Website may from time to time include links to third-party websites, provided for your convenience and information. We are not responsible for the content of any such websites, and their inclusion does not imply any endorsement of, or association with, their operators.
3. Products
3.1 Product information. We take reasonable care to describe the products offered for sale on the Website (hereinafter the “Products”) as accurately as possible. However, the descriptions, images and other information published on the Website are provided for illustrative purposes only. Product images may not accurately reflect the actual colours, textures or details of a Product, owing to technical limitations of display devices. We accept no liability for such discrepancies; the essential characteristics of each Product are those set out in the corresponding product information sheet.
3.2 Product dimensions. Any dimensions indicated on the Website are provided for guidance only. If you have any doubt as to the dimensions of a Product, please contact us before placing your order (see “ Contact us ”).
3.3 Personalised products. Personalised and/or monogrammed Products are subject to longer processing times than standard items. Payment in full is required at the time the order is placed, or immediately upon order confirmation, and in any event prior to dispatch.
3.4 Purpose. The Products are intended solely for personal and private use. By purchasing on the Website, you agree not to use the Products for any commercial purpose or for resale. Jacob Cohën shall not be liable to you for any loss of profit, business interruption or loss of business opportunity arising from your use of the Products.
3.5 Statutory rights. As a Consumer, you benefit from the statutory rights guaranteed to you under the applicable Consumer Code and other mandatory consumer protection legislation. These Terms and Conditions fully respect such rights and do not limit or exclude them in any respect.
4. Purchase procedure
4.1 Formation of the Contract. Products may be ordered by adding them to your cart and following the on-screen instructions. Before submitting your order, you will be given the opportunity to review and correct any information you have entered. Your order is submitted by clicking the “Confirm Order” button, which constitutes a binding offer to purchase on your part. Once your order has been submitted, you will receive an email acknowledging receipt of your order and setting out the relevant order reference number. The order acknowledgement referred to above does not, however, mean that your order has been accepted. We may decline to accept your order, in whole or in part, without incurring any liability to you, in any of the following circumstances: (i) the Products are not available; (ii) we are unable to obtain authorization for your payment; (iii) we identify or reasonably suspect fraudulent, unlawful, or unauthorized activity, including purchases suspected of being made for commercial resale purposes; (iv) the delivery address you have provided is not valid; (v) you have failed to perform your obligations under any prior contract with us, or a dispute in relation thereto is pending; (vi) you have, on a previous occasion, breached these Terms and Conditions or failed to perform your obligations thereunder; or (vii) it appears that your purchase of the Products is intended for resale or transfer for commercial or professional purposes. All orders are subject to our confirmation of availability, which will be notified to you by a “Shipping Confirmation ” email within a reasonable time. The contract of sale between you and us in respect of the ordered Product(s) (hereinafter the “Contract”) shall be deemed concluded only upon issuance of the Shipping Confirmation. Once the Contract has been formed, we shall be under a legal obligation to supply you with Products that conform to the Contract, and the Contract may no longer be amended
4.2 Partial availability. Products offered on the Website are available in limited quantities. If only part of your order is available at the time it is received, we will contact you promptly. We will fulfil the order in part only with your prior consent, dispatching the available Products and refunding in full the price of any Products that are unavailable. The Contract shall be deemed concluded only in respect of the Products confirmed in the Shipping Confirmation.
4.3 Grounds for cancellation. We may cancel an order where delivery to the address provided is not possible because it falls outside the DHL delivery network or is prohibited under applicable export control regulations. Deliveries cannot be made to PO boxes or equivalent addresses.
4.4 Prohibition on assignment. You may not transfer or assign the Contract, or any of the rights or obligations arising under it, without our prior written consent.
5. Prices and payment terms
5.1 Prices. Product prices are those displayed on the Website at the time your order is placed, inclusive of VAT and any customs duties applicable in the country of destination, but exclusive of delivery charges. Delivery charges are calculated separately and added to the total amount payable once the delivery destination and method have been selected in your basket.
5.2 Country-specific pricing policy. Jacob Cohën applies country-specific pricing. The price displayed may accordingly vary depending on the national version of the Website accessed or the selected delivery destination, reflecting market-specific mark-ups intended to cover local operational, logistical and distribution costs, as well as differing VAT rates and national tax regimes. In accordance with Regulation (EU) 2018/302, you may browse any national version of the Website and purchase at the price indicated in the corresponding price list; delivery, however, may only be made to the countries and addresses specified in our delivery policy, unless you arrange collection or cross-border transport at your own expense.
5.3 Price changes. We reserve the right to change prices and delivery charges at any time; such changes shall not affect orders in respect of which a Shipping Confirmation has already been sent. Where a pricing error is identified prior to our acceptance of an order, we will notify you and you may either confirm the order at the correct price or delete it.
5.4 Payment methods. Accepted payment methods are listed in the “ Orders and Payments ” section of the Website. Online transactions are subject to verification by the relevant card issuer. Your card issuer or payment service provider may charge a handling or processing fee in connection with your payment. We are not liable for any refusal of payment authorization.
5.5 Requesting an invoice. To request an invoice, please contact us via the “ Contact us ” page (selecting “other”) at the time you place your order, providing all details required for invoicing purposes.
5.6 Discount codes. We may, from time to time, issue discount codes as part of promotional campaigns. Such codes may be applied towards the price of Product(s) ordered online, subject to the terms of the promotion under which they were issued. Discount codes may be used only once, within the applicable validity period, and solely in respect of the Product(s) specified; they may not be exchanged or redeemed for cash.
6. Delivery
6.1 Delivery methods and restrictions. Products are delivered only to the countries and addresses listed on the Website , to the address specified at the time of ordering, by DHL Express, in accordance with DHL’s terms and conditions applicable in the country of destination. Products from a single order cannot be delivered to multiple addresses. The courier may require a signature upon delivery.
6.2 Delivery times and costs. The estimated delivery time is stated in the Shipping Confirmation; a precise delivery time cannot be guaranteed. You are responsible for the delivery charges applicable to your order, save where a promotion specifies otherwise. Products will be dispatched only once payment has been successfully processed. Should payment fail for any reason, the sale will be automatically cancelled and voided, and you will be notified accordingly.
6.3 Risk and title. Risk of loss of or damage to the Products passes to you upon delivery or, where applicable, upon collection. Where you elect to use optional delivery services (such as signature waiver, delivery to a neighbour, rescheduling or redirection to a collection point), you assume all risks arising from such arrangements and release Jacob Cohën and DHL from any liability for resulting loss or damage.
6.4 Failure to take delivery. Where delivery cannot be completed for reasons attributable to you, you may be charged the cost of re-delivery. If the Products are not collected within thirty (30) calendar days of our notification, we may terminate the Contract and charge you for the delivery costs incurred.
6.5 Shipments outside the EU and customs handling. If you have placed an order for delivery to a country outside the European Union, the customs authorities may need to contact you or request certain data and information in order to release the shipment and ensure that your Products reach their destination without difficulty. We ask you to cooperate with the customs authorities by promptly providing any documents or information that may be requested of you. Should customs return the order to our warehouse due to a lack of cooperation on your part (such as a failure to respond to requests for documents or failure to pay local duties/charges), we shall be entitled to treat the Contract as terminated. In such a case, in order to cover the actual costs we have incurred in handling this forced return, we shall refund the order amount to you, subject to our right to withhold: (i) the original shipping costs and, (ii) the costs of returning the goods and any storage/demurrage costs.
7. Right of withdrawal
7.1 Terms. You have the right to withdraw from the Contract, without giving any reason, within 14 (fourteen) calendar days from the day on which you, or a third party designated by you (other than the carrier), take physical possession of the Products.
7.2 Method of exercise. Since the Contract is concluded through an online interface, we provide you with a digital withdrawal function accessible directly from your account on our Website, clearly identified by the wording “Withdraw from the Contract”. The button is visible, easily accessible, and continuously available throughout the withdrawal period. Depending on the status of your order, the function operates as follows:
o Order not yet shipped: you may request cancellation of the order directly from your personal account area, before the Product is collected by the carrier. The request will be processed by our team and you will receive confirmation of the outcome.
o Order already shipped or delivered: you may initiate the return procedure through the digital withdrawal function available in your personal account area.
In both cases, the function will ask you to:
o enter or confirm your name and the order reference;
o indicate the electronic means by which you wish to receive confirmation;
o confirm the declaration by means of the appropriate confirmation function (“Confirm withdrawal” or other equally clear-cut wording).
Alternatively, you may exercise the right of withdrawal by completing and submitting the Withdrawal Form set out in Annex A to these Terms and Conditions, or by any other clear communication sent through the “ Contact us ” page, representing your name, address, and order reference number.
7.3 Confirmation of withdrawal. Following your withdrawal or cancellation request, you will receive, without undue delay, an automatic confirmation on a durable medium (by e-mail) containing:
o the content of your declaration;
o the date and time of transmission.
Withdrawal shall be deemed timely if the declaration is sent before expiry of the applicable deadline.
7.4 Refund. In the event of withdrawal, we will process the refund within 14 (fourteen) calendar days from receipt of the returned Products or from proof that the Products have been returned, whichever occurs first.
7.5 Refund method. The refund will be made using the same payment method you used for the purchase, unless expressly otherwise agreed, and without any additional fee charged to you. We reserve the right to deduct from the refund an amount corresponding to any reduced value of the Products resulting from handling beyond what is necessary to establish their nature, characteristics, and functioning.
7.6 Return of Products. You must return the Products within 14 (fourteen) calendar days from the date on which you communicated your withdrawal. Products must be returned in accordance with the “Returns Policy” set out in Article 7.7 below. You may choose between two return methods:
o Self-arranged return (at your expense): you bear the direct costs of return and receive a refund of the price of the Products and of any delivery charges incurred.
o Free return service offered by us: you will receive a prepaid return label and may book a collection via the MyDHL+ portal or drop off the parcel at a DHL Service Point. The free service may be used only once per order, provided the relevant request is made within 14 (fourteen) days of receipt of the order. Please note that we can only collect returns from the country in which delivery took place.
7.7 Returns policy. You are required to take care of the Products while they are in your possession and to return them in the same condition in which you received them, save for what is necessary to establish their nature, characteristics, and functioning. In particular:
o the Products must be unworn (unless proven otherwise), unwashed, undamaged, and with the original tags intact;
o footwear and accessories must be returned in their original boxes, placed inside protective packaging;
o if the product bears a security tag, this must not have been removed;
o socks must be returned in their original, unopened packaging;
o lingerie and swimwear must have been tried on only over your own underwear.
Failure to comply with these conditions may result in a deduction from the refund of an amount reflecting the diminished value of the Product(s), up to the full price.
7.8 Exclusions from the right of withdrawal. The right of withdrawal does not apply to the following Products:
o Products that are personalized or made to your specifications, unless they are defective or delivered incorrectly;
o garments or cosmetic products if the hygiene label or seal has been removed or broken.
7.9 Personalized Products. For personalized and monogrammed Products, returns, alterations, or cancellations are subject to our discretionary assessment, considering the degree of personalization involved. We reserve the right to offer you a purchase voucher (valid for 6 months from the date of issue) in lieu of a monetary refund, without prejudice to your statutory rights.
8. Special Products
8.1 Exercise of the right of withdrawal. Your return request for perfumes, beauty Products, and other special Products (collectively, the “Special Products”), submitted through the digital function referred to in Article 7.2, shall be immediately followed by the transmission of the instructions necessary to complete the return procedure, which may direct you to contact Customer Service through a dedicated channel. In any event, you will receive automatic confirmation of your submission on a durable medium (via e-mail) at the time of transmission, indicating the content, date, and time thereof. Customer Service shall arrange for the refund in accordance with the procedures set out in Article 7.4, and shall further provide you with all instructions necessary to carry out the return, or shall give effect to the alternative solution agreed with you.
9. Conformity of Products
9.1 All Products, including the Special Products referred to in Article 8 above, benefit from the legal guarantee of conformity under applicable consumer protection law. We are liable for any lack of conformity that becomes apparent within 24 (twenty-four) months of delivery, or within the longer period provided for under applicable local law.
9.2 Any claim of non-conformity must be communicated to us as soon as possible in writing, indicating your name, address, and order reference number, together with a description of the defect.
9.3 Upon receipt of your notification, we will provide you with instructions for returning the Product for inspection, or such other guidance as may be necessary to enable us to assess the claim. Products that have been worn must be returned clean and laundered; we will not be able to carry out an inspection of Products that have been worn and not laundered, and such Products will be returned to you, with shipping costs potentially charged to you.
9.4 Please note that damage, alterations or modifications to the Products caused by you or by any third party not attributable to Jacob Cohën shall not be regarded as defects or as a lack of conformity. By way of example, and without limitation, the following shall not be recognized as defects and/or as a lack of conformity: damage caused by (i) intensive use, (ii) improper use (such as direct exposure to sunlight or heat, or contact with liquids, rain or food), (iii) normal wear and tear, and (iv) failure to comply with the applicable care and/or cleaning instructions. Likewise, variations in the texture, natural markings or irregularities of natural Products (such as leather or fabric) are inherent to the Product and not defects.
9.5 Nothing in these Terms and Conditions affects your statutory rights.
10. Chargebacks and improper disputes
10.1 We encourage you to open a chargeback (request to reverse a payment) with your bank only after having unsuccessfully attempted to resolve the issue directly with us in accordance with the procedures set out in the preceding paragraphs. Please note that providing false, misleading, or fraudulent grounds for opening a chargeback (e.g., claiming non-receipt of the parcel when tracking and proof of delivery confirm that delivery occurred, or claiming a non-existent defect) may be considered a breach of the terms of the sales contract.
10.2 In the event of a chargeback, we reserve the right to provide our payment processor and your bank with all evidence in our possession demonstrating the legitimacy of the transaction and our fulfillment of our obligations (e.g., proof of shipment, carrier delivery confirmation, detailed parcel tracking, correspondence with the customer, photographs of the goods prior to shipment, etc.). Should a chargeback be rejected by the bank - for example, on the grounds that it is deemed unfounded or based on false statements - resulting in the refund being lawfully denied, we reserve the right to consider taking separate action to protect our rights and interests before the competent authorities, in addition to reporting such conduct to the relevant authorities.
10.3 Your cooperation is essential to the swift and fair resolution of any issue. We ask that you provide accurate information and follow the procedures we indicate for handling disputes, avoiding misuse of the chargeback mechanism.
11. Liability and limitations
11.1 Nothing in these Terms and Conditions limits or excludes our liability for:
o fraud and gross negligence;
o death or personal injury caused by our negligence;
o misrepresentation;
o breach of mandatory provisions of law that cannot be derogated from;
o any other liability which, by law, cannot be limited or excluded.
Subject to the foregoing, our liability for losses you suffer as a result of the Contract is limited to the purchase price of the Product(s) in question and relates exclusively to losses that were reasonably foreseeable at the time the Contract was concluded. We are not liable for business losses or loss of opportunity, nor for failures or delays caused by events beyond our reasonable control.
12. Compliance
12.1 Organization, Management and Control Model pursuant to Legislative Decree No. 231/2001. Jacob Cohën Company S.p.A. has adopted an Organization, Management and Control Model pursuant to Legislative Decree No. 231 of 8 June 2001 (the “Model 231”), aimed at preventing the commission of the predicate offences set out therein and at promoting a corporate culture grounded in legality, business ethics, and corporate social responsibility. Commercial relationships established with you through the Website are conducted in accordance with the principles of the Model 231. By accepting these Terms and Conditions, you acknowledge that we are committed to conducting our business in a transparent, fair manner and in compliance with applicable law. The Model 231 is available upon request and published at the following link.
12.2 Durability and Repairability Index (IDU). With reference exclusively to purchases made on the Website for delivery to France (metropolitan France and the DROM-COM overseas territories), pursuant to Article L. 541-9-5 et seq. of the French Code de Environnement, we inform you that Jacob Cohën is registered with the ADEME registers for the Extended Producer Responsibility (EPR) schemes, under the following unique identification code (IDU) for the textile sector, FR304316_11TEBX - eco-organization Refashion, and under the following unique identification code (IDU) for the packaging sector, FR304316_01UMYQ - eco-organization Citeo.
13. Privacy and data protection
13.1 The processing of your personal data in connection with orders and use of the Website is governed by our Privacy and Cookie Policy, available at the following links: Cookie Policy, Privacy Policy
14. Governing law and jurisdiction
14.1 These Terms and Conditions are governed by Italian law, without prejudice to the protection afforded to you by mandatory provisions of the law of your country of residence. 14.2 For any dispute relating to these Terms and Conditions or to the Contract, exclusive jurisdiction shall lie with the court of the place where you have your residence or domicile.
15. General provisions
15.1 Communications. For any information, you may contact our Customer Service team through the “ Contact us ” page. We may send you communications to the e-mail or postal address you provided at the time of your order.
15.2 Severability and non-waiver. Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of the corresponding right. Should any provision of these Terms and Conditions be found unenforceable, the remaining provisions shall remain in full force and effect.
15.3 Entire agreement and Contract language. These Terms and Conditions, together with the documents expressly referred to herein, constitute the entire agreement between you and us in relation to the subject matter of the Contract. We are required by law to inform you that Contracts may only be concluded in the English language and that no public filing requirements apply.
15.4 Amendments. Any amendments to these Terms and Conditions shall only be effective if approved by us in writing.
Annex A - Withdrawal Form
(Complete and return this form only if you wish to withdraw from the Contract)
To Jacob Cohën Company S.p.A. Via Vittor Pisani 20, 20124 Milan (Italy)
I/we* hereby give notice that I/we* withdraw from my/our* contract of sale of the following goods*/for the supply of the following service*:
………………………………………………………………………………………………….
………………………………………………………………………………………………….
Ordered on*/received on*: ………………………………………………………………………………………………….
Name(s) of consumer(s): ………………………………………………………………………………………………….
Address of consumer(s): ………………………………………………………………………………………………….
Signature of consumer(s) (only if this form is notified on paper): ………………………………………………………………………………………………….…………………………………………………………………………………
Date: …………………………………
*Delete as appropriate
