Terms of service

1. About us and these Terms

This online store and website (the "Store") is operated by Jacob Jensen A/S, trading as Jacob Jensen ("we", "us", "our"), a company registered in Denmark under business registration number 42523747, VAT number DK- 42523747 and registered address at Hejlskovvej 104, 7840 Højslev. You can contact us at info@jacobjensen.com.

These terms and conditions, together with the policies referenced in them (the "Terms"), apply when you browse the Store or purchase products from us. They describe your rights and responsibilities and include important information about ordering, delivery, your statutory right of withdrawal, your legal guarantee rights and our liability. Please read them carefully.

By placing an order through the Store you agree to these Terms. Nothing in these Terms limits or excludes any rights you have as a consumer under applicable mandatory law, including EU consumer protection law and the consumer law of your country of residence. If any provision of these Terms conflicts with such mandatory rights, your statutory rights prevail.

Our Privacy Policy explains how we process personal data. The Store is powered by Shopify, which enables us to provide the Store and related services to you (together, the "Services").

2. Eligibility and account

To place an order you must be at least 18 years old and have legal capacity to enter into a contract.

When using the Services you may be asked to provide information such as your email address and billing, payment and shipping information. You confirm that the information you provide is correct, current and complete. If you create an account, you are responsible for keeping your login credentials secure and for activity on your account. You may not transfer or sell your account to another person.

3. Products and product information

We make every effort to present our products accurately in the Store. Colours and product appearance may nevertheless differ slightly from how they appear on your screen due to your device and display settings. This does not affect your statutory rights: products you purchase must conform to the contract as described in Section 9 (Legal guarantee).

Product ranges and descriptions may be updated from time to time, and we may discontinue products or limit quantities. Changes never affect orders that we have already confirmed.

4. Orders and formation of the contract

When you place an order, you make an offer to purchase the products in your order. We will send you an order confirmation by email; the contract between you and us is concluded when we send this confirmation. We may decline an order on reasonable grounds, for example where a product is out of stock, where we cannot verify payment, or where we identify an obvious error as described in Section 15. If we decline or cancel an order, we will notify you using the contact details you provided and refund any amount already paid.

Please review your order carefully before submitting it. If you wish to change or cancel an order after it has been confirmed, contact us as soon as possible and we will try to accommodate the request. Regardless of whether we can stop a shipment, your 14-day right of withdrawal under Section 8 remains unaffected.

Purchases through the Store are intended for personal or household use and not for commercial resale.

5. Prices

All prices shown in the Store to consumers in the EU include VAT. Shipping costs, and any other charges, are shown clearly before you complete your order at checkout. The total price you pay is the price displayed at the time you place the order and is confirmed in your order confirmation email.

If you order for delivery to a destination outside the EU, or from a location where local import rules apply, customs duties or import charges may be payable on arrival; these are your responsibility unless stated otherwise at checkout.

Prices, discounts and promotions may change over time, but changes do not affect orders already placed. Promotions may be subject to separate terms, which will be made available with the promotion. Prices in the Store may differ from prices in physical stores or third-party stores.

6. Payment

Payment is made using the payment methods offered at checkout. You confirm that you are authorised to use the payment method you provide and that the payment information is correct. We reserve the right to withhold dispatch until payment has been authorised.

7. Shipping and delivery

We deliver to the countries listed at checkout. Estimated delivery times are stated in the Store and in your order confirmation. Unless a different delivery time has been agreed, we will deliver the products no later than 30 days after the contract is concluded. If we are unable to meet an agreed delivery time, we will inform you and you may set an additional reasonable deadline; if we still fail to deliver, you may cancel the order and receive a full refund.

The risk of loss of or damage to the products passes to you when you, or a third party designated by you (other than the carrier), take physical possession of the products. If you arrange your own carrier that we did not offer, risk passes when the products are handed to your carrier.

Practical information about carriers, delivery options and tracking is available on our Shipping page.

8. Right of withdrawal (14 days)

As a consumer in the EU you have the right to withdraw from your purchase without giving any reason within 14 days. The withdrawal period expires 14 days after the day on which you, or a third party designated by you (other than the carrier), acquire physical possession of the products. If you ordered several products in one order that are delivered separately, the period runs from the day you receive the last product.

To exercise the right of withdrawal, you must inform us of your decision by an unequivocal statement before the withdrawal period has expired, for example by email to info@jacobjensen.com or by post to our address above. You may use the model withdrawal form from the end of this document, but you are not obliged to.

If you withdraw, you must send the products back to us without undue delay and no later than 14 days after the day you informed us of your withdrawal. You bear the direct cost of returning the products.

We will refund all payments received from you, including standard delivery costs (but not any supplement for a delivery method other than the least expensive standard delivery we offer), without undue delay and no later than 14 days after we were informed of your withdrawal. We will use the same payment method you used, unless you have expressly agreed otherwise, and the refund is free of charge for you. We may withhold the refund until we have received the products back or you have supplied evidence of having sent them, whichever occurs first.

You may inspect the products as you would in a physical store. You are only liable for any diminished value of the products resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.

The right of withdrawal does not apply to certain products, including: products made to your specifications or clearly personalised; sealed products which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery; products liable to deteriorate or expire rapidly; and sealed audio, video or software products that have been unsealed after delivery. Where an exception applies, this will be stated on the product page before you order.

Practical return instructions are available on our Returns page and in our Refund Policy. In case of any conflict, these Terms and your statutory rights prevail.

9. Legal guarantee (conformity of the goods)

Under EU law, we are liable to you for any lack of conformity of the products which exists at the time of delivery and which becomes apparent within two years of delivery (or any longer period provided by the mandatory law of your country of residence). This legal guarantee is free of charge.

If a product is defective or does not conform to the contract, you are entitled to have it repaired or replaced, or, where this is not possible or not provided within a reasonable time and without significant inconvenience, to an appropriate price reduction or to terminate the contract and receive a refund. A lack of conformity which becomes apparent within the period presumed by applicable law (at least one year from delivery, and two years in a number of EU countries, including Denmark) is presumed to have existed at delivery unless we prove otherwise or the presumption is incompatible with the nature of the product or the defect.

To make a claim, contact us at info@jacobjensen.com with your order number and a description of the issue. Any commercial guarantee we may offer is in addition to, and does not affect, this legal guarantee.

10. Intellectual property

The Services, including trademarks, brands, text, images, graphics, product reviews, video, audio and the design, selection and arrangement of these, are owned by us, our affiliates or our licensors and are protected by copyright, trademark and other intellectual property laws.

You may use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish or transmit material from the Services without our prior written consent, except as permitted by mandatory law. Our names, logos and slogans are our trademarks or those of our licensors and may not be used without prior written permission. Shopify's name, logo and product names are trademarks of Shopify. All other trademarks belong to their respective owners.

11. Third-party tools and links

The Services may give you access to third-party tools and may contain links to third-party websites, over which we have no control. We provide access to such tools and links for convenience only and do not endorse or assume responsibility for third-party content, products or services. Your use of third-party tools and websites is subject to the relevant third party's own terms and policies, which we encourage you to review. This section does not limit our liability under Section 19 or your statutory rights in relation to products purchased from us.

12. Relationship with Shopify

Jacob Jensen is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Jacob Jensen. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Jacob Jensen, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Jacob Jensen, to the extent permitted by applicable law.

13. Privacy

Personal data collected through the Services is processed in accordance with our Privacy Policy [LINK]. Because the Store is hosted by Shopify, Shopify also processes certain personal data relating to your use of the Services in order to provide and improve them; see our Privacy Policy and Shopify's Privacy Policy for details, including information about transfers of personal data to countries outside your country of residence and the safeguards applied.

14. Feedback and reviews

If you submit ideas, suggestions, reviews or other feedback ("Feedback"), you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, publish and display that Feedback in connection with operating, improving and promoting the Services. You confirm that you have the necessary rights to the Feedback, that it is your own genuine opinion or experience, and that you have disclosed any compensation or incentive received in connection with it.

Feedback must not infringe the rights of others or contain unlawful, defamatory, obscene or malicious content, including malware. We may moderate or remove Feedback that violates these requirements or applicable law. Where we display customer reviews, we take reasonable steps to ensure that published reviews originate from customers who have actually purchased the product, and we do not selectively remove genuine negative reviews.

15. Errors, inaccuracies and omissions

Occasionally, information in the Store may contain typographical errors, inaccuracies or omissions relating to, for example, product descriptions, pricing, promotions or availability. We may correct such errors and update information at any time. If a product's price is obviously incorrect, such that you could not reasonably have believed it to be right, we may cancel the affected order before dispatch; in that case we will notify you promptly and refund any amount paid in full.

16. Acceptable use

You may use the Services for lawful purposes only. In particular, you must not use the Services:

•     for any unlawful, fraudulent or malicious purpose, or in violation of applicable law;

•     to infringe our intellectual property rights or those of others;

•     to harass, abuse, defame or harm any person, or to transmit false or misleading information;

•     to send spam or other unsolicited advertising, or to impersonate any person or entity;

•     to upload or transmit viruses or other malicious code, or to interfere with the security or operation of the Services;

•     to scrape, harvest or collect data or personal information from the Services by automated means, or to bypass measures we use to restrict access.

We may suspend or terminate your access to the Services if you materially violate these Terms. Suspension or termination does not affect orders already concluded or your statutory rights in relation to them.

17. Automated agents

This section applies if you use, allow, enable or cause the deployment of an "Agent", meaning any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity without direct supervision.

No Agent may access, use or interact with the Services unless it at all times identifies itself as an Agent, including by disclosing the name of the Agent in the user agent string of all HTTP/HTTPS requests in the format "Agent/[agent name]". Agents must not conceal or obfuscate that interactions come from an Agent, for example by mimicking human behaviour, completing or circumventing CAPTCHAs or similar measures, or responding untruthfully to prompts that seek to determine whether interactions come from a human. Agents must not circumvent measures intended to block, limit or control Agent access. We may limit, including by technical measures, whether and how Agents access the Services, and may request that any Agent refrain from accessing them.

18. The Services are provided "as is"

The Services (meaning the Store, website and related digital features, and not the products you purchase) are provided "as is" and "as available". We do not guarantee that the Services will be uninterrupted, timely, secure or error-free, and general information made available through the Services is provided for information purposes only.

Nothing in this section affects the conformity requirements and legal guarantee that apply to products you purchase (Section 9) or any other rights you have under mandatory consumer law.

19. Liability

Nothing in these Terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; intent or gross negligence; liability under applicable product liability law; or any other liability that cannot be excluded or limited under applicable law, including your rights under the legal guarantee in Section 9.

Subject to the paragraph above, we are not liable for losses that were not foreseeable to you and us when the contract was concluded, losses not caused by our breach, or business losses (including lost profits or lost revenue), and our total liability in connection with a purchase is limited to the price paid for the products concerned.

20. Indemnification for business or unlawful use

If you use the Services in the course of a business, or in breach of law or of Section 16 (Acceptable use), you agree to indemnify us, Shopify and our respective affiliates, officers, employees and agents against losses, damages, liabilities and reasonable legal costs payable to a third party arising out of that use. This section does not apply to your ordinary use of the Services as a consumer.

21. General provisions

If any provision of these Terms is found to be unlawful, void or unenforceable, the remaining provisions remain in full force. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. These Terms, together with the policies referenced in them and your order confirmation, constitute the entire agreement between you and us regarding your purchase. You may not assign your rights or obligations under these Terms without our prior written consent; we may assign ours in connection with a transfer of our business, provided this does not reduce your rights. Headings are for convenience only.

22. Changes to these Terms

We may update these Terms from time to time, for example to reflect changes in law, our products or the Services. The current version is always available on this page. Changes apply to orders placed after the changes take effect and do not apply retroactively to orders you have already placed. If we make material changes affecting your ongoing use of the Services, we will give reasonable notice, for example by posting a notice in the Store or emailing account holders.

23. Governing law, complaints and disputes

These Terms are governed by the laws of Denmark, without prejudice to the mandatory consumer protection rules of the country where you habitually reside. If you are a consumer domiciled in the EU or EEA, you may bring proceedings in the courts of your country of domicile or in the courts of Denmark.

If you are dissatisfied with a purchase, please contact us first at info@jacobjensen.com and we will do our best to resolve the matter. If we cannot resolve a complaint, you may, as a consumer, submit the complaint to the relevant alternative dispute resolution body. In Denmark, complaints can be submitted to Center for Klageløsning / Forbrugerklagenævnet, Nævnenes Hus, Toldboden 2, 8800 Viborg, www.naevneneshus.dk. If you reside in another EU country, you can also seek guidance from the European Consumer Centre (ECC-Net) in your country.

24. Contact information

Questions about these Terms can be sent to us at:

Jacob Jensen A/S trading as Jacob Jensen

Hejlskovvej 104, 7840 Højslev, Denmark.

Email: info@jacobjensen.com

Business registration number 42523747, VAT number DK42523747

 

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To: Jacob Jensen A/S, Hejlskovvej 104, 7840 Højslev, Denmark, info@jacobjensen.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*):

Ordered on (*) / received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

(*) Delete as appropriate.