Terms and Conditions

1. Introduction

These terms and conditions (along with the information and policies on the “Customer Service” pages of the website and any other document referenced in these terms and conditions) (Terms and Conditions) lay out the legal terms that apply to the use of the website http://www.jacobcohen.com (Website) by the User, as well as the purchase of the products of Jacob Cohen Company Spa (enrolled in the companies register under “Economic and Administrative Index” number MI - 2109529, VAT no. IT08566980960), with registered office at Via Vittor Pisani 20, 20124 Milan (Italy) (“Jacob Cohen”, “we” and “our”) and the use of the services (Services) that are provided directly by Jacob Cohen or by partners selected to provide certain services, as described in more detail below in the sections entitled Functioning of the website and Services and Product.

The use of the Website and the Services entails the User’s full acceptance of all Terms and Conditions of use, guidelines and other applicable provisions (including, for example but not limited to, the personal data protection policy,available here: Privacy and cookie policy); the User recognises the binding nature of such provisions. When registering with the Website and subscribing to the Services, the User is asked to accept the Terms and Conditions of use. The use of the Website and the Services is permitted only if the User, when registering with the Website or subscribing to the Services, expressly agrees to comply with applicable regulations and the provisions set forth in the Terms and Conditions of use. Users who do not intend to accept the Terms and Conditions of use and comply with applicable regulations are invited not to register and not to make use of the Services.

Purchasing any of the products offered on the Website (Products) is subject to these terms and conditions, and by placing an order for any Product the User accepts to be bound by them.

We reserve the right to amend these terms and conditions at any time, by modifying them on the Website. In any event, no amendment will influence the orders already placed.

Use of the Website and the Services is intended for people who have already reached the age of consent in their country or province/territory of residence or, if that age has not been reached, whose parents or legal guardians consent to the use of the Services.

2. Access to the Website

You are responsible for ensuring that your equipment (computer, laptop, netbook, tablet or other mobile device) meets all technical specifications required to allow you to access and use the Website and is compatible with the Website.

From time to time, we may limit access to certain Website functions, parts or content, or the entire Website, by registered Users. It is necessary to ensure that all registration details provided are accurate. If you choose or are provided with an access ID (such as user name and password or other identifier) as part of our security procedures, you shall treat such information as confidential and not reveal it to anyone. You are responsible for all activities carried out with your access ID and must inform us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any access ID at any time, if in our opinion you have not respected any one of the provisions of these terms and conditions or if the details provided for User registration purposes are found to be false.

3. Functioning of the Website and provision of the Services

The Website is owned by Jacob Cohen, and certain aspects of its functioning, its Services and Product purchasing are managed by external partners.

These Services include:

- Website hosting, managed by Shopify International Limited (“Shopify”), 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, Ireland, D04 XN32 - WWW.SHOPIFY.COM
- Payment processing, managed by Shopify, and PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal L-2449, Luxembourg, R.C.S. Luxembourg B 118 349 - VAT no.: LU22046007
- Customer service, managed by TFOUR s.r.l., single-member company - Odity Group, Via Durini 4, 20122 Milan - https://www.odity.com
- Logistics service, managed by New Season Brothers S.r.l., Via Niccolò Tommaseo 11, 30014 Cavarzere (VE)
- Delivery service provided by DHL Express (Italy) S.r.l., Loc. Peschiera Borromeo - Via Lombardia 2/A, 20068 Peschiera Borromeo (MI)

i. Disclaimer of guarantee
The Website, its content and the Services are provided free of charge according to their availability and functioning. Jacob Cohen and its partners provide no guarantee whatsoever in relation to the Website, its content or the Services, such as - for example but not limited to - any guarantees of continuity and of absence of interruptions or operating errors, of protection from harmful programmes (such as viruses, bugs, malware or similar) or of adequacy for specific purposes, and indeed expressly disclaims any guarantee in that sense. In the case of account malfunctioning, the User may contact Jacob Cohen and will be entitled to any remedies established by applicable binding regulations.

The User is responsible for evaluating the information and content provided on the Website. The Use of the Website entails the assumption of all of the associated risks and the User assumes any liability for any interruptions in its use, data loss and costs linked to support and maintenance regarding the hardware and/or software used in connection with the Website.
ii. What you are allowed to do
You may use the Website only for non-commercial use and only in compliance with these terms and conditions. It is possible to retrieve and view these terms and conditions from the Website on a computer screen, print and copy individual pages and, based on the following section, save such pages in electronic format. Additional terms may be applied to specific functions, parts or content of the Website as well and, when applicable, they will be displayed on the screen or made accessible by means of a link.
iii. What you are not allowed to do
Without prejudice to what is expressly set forth in these terms and conditions, you are not authorised to:
- “withdraw” the content or save the content of the Website on a server or other storage device connected to a network or create an electronic database by downloading and systematically saving all of the Website content;
- remove or modify any Website content or attempt to evade security or interfere with the proper functioning of the Website or the servers on which it is hosted; or
- create links to the Website from any other website without our prior written consent, although it may be linked to a website you manage on the condition that the link is not misleading or deceptive and properly indicates its destination, without the implication that we approve of your actions, your website or any product or service that you offer, that the link to the homepage of the Website is provided (and not inclusion in a frame or a replication) and that the linked website does not contain any illegal, threatening, offensive, defamatory, pornographic, obscene, vulgar, indecent or offensive content or content that violates the intellectual property or other rights of third parties.
It is necessary to use the Website and everything available from it only for lawful purposes (in compliance with all applicable laws and regulations), responsibly and in no manner that could harm our name or our reputation or that of any of our affiliates.

All rights granted to you under these terms and conditions shall be immediately terminated if you violate even only part of them.
iv. Intellectual property rights
All intellectual property rights to any Website content (including text, graphics, software, photographs and other images, video, sound, trademarks and logos) are owned by Jacob Cohen, its partners or licensors. With the exception of what is expressly established here, nothing in these terms and conditions provides you with any right in relation to any intellectual property rights of ours or our licensors, and you recognise that you acquire no ownership right by downloading content from the Website. If you print, copy or save Website pages (only as permitted by these terms and conditions), you must ensure that any copyright, trademark or other intellectual property right notice contained in the original content is reproduced.
v. Content
From time to time we may modify the Website format and content. You accept that your use of the Website is “as is” and “as available”, at your exclusive risk.

Although we seek to ensure that all information contained on the Website (other than any content generated by the user) is correct, it should not be considered to be a formal representation or guarantee or advice on which you can rely. You will have to verify with us or with the source of such information before acting on the basis of it.

We do not provide or give any representation or guarantee with respect to the accuracy, comprehensiveness, updated nature, fairness, reliability, integrity, quality, suitability for the purpose or originality of any Website content and, to the maximum extent permitted by law, all implicit guarantees, conditions or other terms of any type whatsoever are hereby excluded and we assume no liability whatsoever for any losses or harm of any type whatsoever incurred as a result of the use of the Website by the User or any other party or as a result of relying on any of its content.

We cannot and do not guarantee that all Website content is free of viruses and/or other codes that could have contaminating or destructive elements. It is your responsibility to implement appropriate IT security measures (including antivirus and other security controls) to meet your specific security and content reliability requirements.
vi. External links
From time to time, the Website may include links to external websites, which may contain links to third-party offers and promotions. We include them to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these websites or for anything that they provide and we do not guarantee that they will be continuously available. The fact that we include links to these external websites implies no endorsement or association with their operators or promoters.
vii. Our liability
Nothing in these terms and conditions will limit or exclude, when the relative conditions are met, the manufacturer’s liability in your regard:
- due to death or personal injury caused by our negligence;
- due to false statements;
- due to the violation of any binding regulation which, by law, cannot be limited or excluded;
- due to any other liability which, by law, cannot be limited or excluded.
Without prejudice to what is set forth above, in no case will we be liable to you for any commercial losses, and any liability we may bear for losses you have suffered as a result of the Contract may not exceed the purchase price of the Product(s) in question and will be strictly limited to the losses that were reasonably predictable. Losses are predictable when they could be reasonably considered by you and by us when we accepted your order.

We shall bear no liability for any breach or delay in the performance of any one of our obligations pursuant to the Contract caused by events outside of our reasonable control.
viii. General
You cannot transfer or assign one or all of your rights or obligations deriving from any Contract.

All communications that you will make to us must be written and sent to the address provided at the end of these terms and conditions. We may send you notices and communications to the email or postal address that you provide to us when you place the order.

Our decision not to enforce any one of our rights shall not constitute a waiver of that right.

If any provision of these terms and conditions is found to be inapplicable, all other provisions shall remain unaffected.

These terms and conditions may not be amended without our explicit written consent.

These terms and conditions and any document expressly referred to in them represent the entire agreement between the parties in relation to the subject of any Contract. We are required by law to inform you that Contracts may be concluded only in English and that public archiving requirements do not apply.

These terms and conditions are governed by Italian law, and the User accepts that the Court of the consumer’s place of residence has exclusive jurisdiction over any dispute between the parties concerning them or any contract.

4. Products

i. Product information
Jacob Cohen seeks to describe the Products as accurately as possible. However, we cannot guarantee that the descriptions are fully accurate, complete, reliable or free of errors. The Product images on the Website are for illustrative purposes only. Although we seek to display the colours accurately, we cannot guarantee that the colour display on your computer accurately reflects the colour of the Products.

Although we have adopted reasonable measures to represent the Products as accurately as possible by means of photographs and other images on the Website, the details (such as colour, motif and weave, etc.) that you see on the screen will depend on your monitor and, as a result, may not exactly reflect the actual details of the Product that you will receive.

Any information on the Website relating to Product size is included for indicative purposes only. If you have any questions about the size of any Product, we advise you to contact us before placing an order (see Contact us).

The Products are supplied exclusively for domestic and private use. You accept that you shall not use the Products for commercial, business or resale purposes. Neither Jacob Cohen nor the Manufacturer shall bear any liability whatsoever in your regard for any loss of profit, interruption of activity or loss of business opportunities.

As a Consumer, according to the applicable Consumer Code, you have specific legal rights with which these Terms and Conditions comply. Nothing in these Terms and Conditions may jeopardise such legal rights.
ii. Order Confirmation subject to availability
The Products may be ordered by clicking on the items you wish to purchase and then following the instructions that will appear on the screen. You may check and correct any errors in the entry of your order until you send us the order, confirming the selected payment process by clicking on the “Confirm Order” button.

After placing an order, you will receive an email in which we will inform you that we received your order and we will provide you with an order reference number. By clicking on the “Confirm Order” button, you undertake to pay for the Product(s). All orders are subject to our confirmation of availability. If your order is accepted, we will confirm acceptance by sending an email confirming that the Product has been shipped (Shipping confirmation). The contract between us and you in relation to the Product(s) ordered (Contract) will be concluded only when we send you the Shipping Confirmation. After entering into the Contract, we will have the legal obligation to supply you with goods compliant with the Contract.

If your Order cannot be fulfilled due to Product unavailability, Jacob Cohen will cancel the Order only for the unavailable Product(s) and will ship the available Product(s). You will be informed of this partial acceptance of the Order in a Shipping Confirmation email regarding the available Products. For Products for which the Order cannot be fulfilled, you will be provided with a full reimbursement for the unfulfilled portion of the Order.

The Contract will regard only the Product(s) for which shipment is confirmed in the Shipping Confirmation. We shall not be required to provide other Products that may have been part of your order until the shipment of such Products has been confirmed in a separate Shipping Confirmation.

Jacob Cohen may also cancel the Order if it cannot be fulfilled with shipment to the delivery address you have provided, because it is not served by DHL or because the delivery is prohibited by applicable export laws.

Orders cannot be delivered to post office boxes or similar addresses.
iii. Delivery
Shipping costs for the delivery of the Products purchased shall be borne in full by the purchaser, unless Jacob Cohen has, at its discretion, run a promotion duly advertised on its Website on a date prior to the purchase.

Your order shall be delivered to the delivery address you provide when you place the order.

Products included in the same order cannot be delivered to different addresses.

Deliveries are made by DHL according to the terms and conditions it applies in the destination country of the Products. It is not possible to specify a specific time at which the delivery will be made. Please note that the courier may request a signature on delivery.
iv. Risk and ownership
The Products ordered will be under the risk and ownership of the User from the time of delivery or, if such a method is available, of pick-up, provided that full payment has been received for all sums due in relation to the Product(s), including any delivery costs.

In specific circumstances, our delivery partner may provide you with optional services when the order is delivered, such as: (a) signature exemption: waiver to the obligation to provide a signature on delivery; (b) delivery to the neighbour, reception or security service: redirection of the delivery to a neighbour, reception or security service; (c) rescheduling of a new delivery date: selecting a more suitable delivery date for you; and/or (d) redirection to a collection point: order pick-up at a nearby collection point. By selecting any one of these services, you recognise and accept that Jacob Cohen and DHL assume no liability for any losses or harm that could arise from the delivery of your order thus specified. If your delivery address is in the United States, it includes the place where our courier leaves the package outside in your absence.
v. Price and payment
The price of the Products is that specified from time to time on the Website.

Prices are inclusive of VAT and any customs duties, but exclude shipping costs, which will be automatically calculated as a separate line item and added to the Product price when calculating the total amount due when you are viewing the items in the cart and you have selected your desired delivery method.

Prices and shipping costs are subject to change at any time, but these changes will not impact orders for which we have already sent a Shipping Confirmation.

The Website contains a large number of Products, and it is always possible that, despite our best efforts, some of the Products listed on the Website may have an incorrect price. Normally, we will check the prices as part of our shipping procedures so that, if the correct price of a Product is lower than our stated price, we will charge you for the lower amount. If the correct Product price is higher than the price specified on the Website, generally, at our discretion, we will contact you for instructions before sending the Product, or we will reject your order and inform you of such rejection.

Payment for all orders must be made with the payment methods listed on the Website (available here: ORDERS & PAYMENTS).

Keep in mind that online payment transactions are subject to validation checks by the card issuer, and we are not liable if the card issuer refuses to authorise payment for any reason whatsoever. Keep in mind that it is possible that your card issuer and the payment service provider may charge you an online management fee or a processing fee.

For tax reasons, if you would like to request an invoice, this request needs to be sent strictly by the end of the purchase date to Jacob Cohen via the “Contact Us” page, by selecting the item “other” and providing all necessary invoicing details.

From time to time, we may run promotions in which we issue discount codes. They may be used for the partial payment of the price of the Product(s) ordered online, in compliance with the terms and conditions under which they were issued (as specified in our relative promotion from which you obtained the code). Discount codes may be used one time only, and only during the validity period specified and only in relation to the Product(s) indicated. Discount codes cannot be converted into cash.

5. Right to cancel

We recommend that you return Products in their original packaging to guarantee the proper protection during transport.

When you want to cancel a purchase and return the Products to us, you have two options available to you:

1. Rescinding/cancelling the order pursuant to the regulations applicable to you in relation to the protection of Consumer rights. If you choose this option, you will be reimbursed for the entire price of the Product(s) (subject to our Return Policy) and the standard delivery cost (excluding the higher cost paid for non-standard delivery), but you will be responsible for arranging and paying for the Product return.
2. Using our free return service. If you choose this option, you may return the Products free of charge and you will be reimbursed for the entire price (subject to our Return Policy), but not shipping costs.

These two options are described in more detail below.

i. Right of withdrawal pursuant to regulations on the protection of Consumer rights
With the exclusion of certain types of Products (as specified below), it is possible to withdraw from the contract at any time before the delivery of the order and up to 14 days after (or any longer term established by the regulations applicable to you), starting from the day after the delivery of the Products (“right to cancel”).

To withdraw from the Contract, it is necessary to inform us via the “Contact Us” page, indicating your name, address and order reference number; or by completing and returning the cancellation form you will find annexed to the end of the Terms and Conditions and sending it to the address provided on the form.

If you withdraw from an order (or part of an order) during the reconsideration period, you must return the Product(s) within 14 days of the day on which you notified us of your withdrawal and comply with the Return Policy.

If you withdraw from the Contract with us within the 14-day withdrawal period (see above), we will calculate the refund due to you as soon as possible and, in any case, within 14 days of the day on which we receive the returned Product(s) or (ii) if previous, the day on which we receive proof that you returned the Product(s) to our return address.

We will reimburse you for the price of the Product(s) in full (net of any deduction that we have the right to apply due to your use or damage of the Product(s)), including the cost of standard delivery (excluding the higher cost paid for non-standard delivery). However, you will bear the cost of returning the Product(s) and we will not reimburse you for these costs. We will reimburse any sum you receive using the same method you originally used to pay for your purchase, unless agreed otherwise.
ii. Free return pick-up
As an alternative to the previous Contract withdrawal remedy, we offer a free pick-up service to all customers for the Product(s) they wish to return, with the exception of certain types of Products, as established in the Return Policy below. You have 14 days from receipt of the order to request to return the Product. After completing the Return request, which you can do here (include link), we will send you the prepaid label via email along with instructions to book the pick-up and send us the Product. You will need to book the return pick-up date and time via the MyDHL+ portal, or you may go to a DHL Service Point. Keep in mind that we can pick up returns only from the same country in which the order was delivered.

Note: free return pick-up permits only one return per order (in which the customer may choose to return one or more Products). For any other request subsequent to the first free pick-up, you will need to contact Client Service and pay any additional return cost.
iii. Cancellation and Return Policy
Returned Products must comply with the following return policy.

You are required to take care of the Products while they are in your possession and you will have to return them in the same conditions in which you received them (except to the extent reasonably necessary to examine them). The guidelines below must be followed:
- Products must be returned unworn (except to try them on), unwashed, undamaged and unused, with their original labels not removed from the products;
- footwear and accessories must be returned in the original boxes provided and inside a protective shipping box;
- if the Product has a security tag, it cannot have been removed;
- socks may be returned only if unopened and in their original packaging;
- lingerie and swimwear must be tried on only while you are wearing your own personal lingerie.
If you do not meet the above obligations (including the return conditions), we may deduct an amount from your refund to reflect the lower value of the Product(s), up to the full price of the Product(s).

It is not possible to cancel or withdraw from a contract relating to any one of the following Products:
- any Product that has been customised or custom-made according to your specifications, unless these Products are damaged or defective on delivery or have been incorrectly delivered (for further information, see “Returns and refunds for customised Products” below);
- any garment or cosmetic product with a hygienic label or seal that has been removed or broken.
iv. Returns and refunds for customised Products
Due to the nature of customised and monogrammed Products, returns, modifications or cancellations are at our discretion. In exercising this discretion, we will take into consideration the degree of customisation and we also reserve the right to offer a gift voucher instead of a monetary refund. The gift voucher is valid for 6 months from the issue date. This does not jeopardise your rights guaranteed by the law. Please note that customised Products may be shipped in a long time, but payment will be made when or just after you send the order and before shipping.
v. Defective products
When the relative conditions are met, we provide a limited, 24-month warranty on defective products, in accordance with regulations in force.

If a Product ordered is damaged or defective on delivery or has developed a defect, you may have one or more legal remedies available, depending on the problem identified, in compliance with your legal rights. If you believe that a Product has been delivered damaged or defective or has developed a defect, you must inform us as soon as possible, preferably in writing, providing your name, address and order reference number. Nothing in this section jeopardises your legal rights.

Once the report is received from the User regarding the garment defect, the User will be informed of the procedures for sending the garment to Jacob Cohen to confirm any defect. In order to confirm any defects, if the User has already worn the garment, it must be returned to Jacob Cohen after being washed. No check can be carried out on garments returned worn and unwashed, which will be immediately returned to the User, who may also be charged for shipping costs.

6. Contact Us

For any information, you may contact our Customer Service via the “Contact Us” page.

7. Annex - Cancellation/withdrawal form

To Jacob Cohen Company Spa

Via Vittor Pisani 20, 20124 Milan (Italy)

I hereby notify you that I/we* am/are* withdrawing from my/our* sales contract for the following goods*/ for the provision of the following service*:

……………………………………………………………..........................................................................……

Ordered on*/received on*: ………………………………….................................................

Consumer name(s): ………………………………………....................................................

Consumer address: ……………………………………........................................................

………………………………………………………………………....................................................................

Consumer signature(s) (only if this form is submitted in hard copy): ……………………………………………………………..........................................................................…....

Date: …………………………………
* Delete as required