Terms and Conditions/ Terms of Use

1. Intellectual Property Ownership and use
2. Errors and Inaccuracies 
3. Use of the Website
4. Changes to Website or these Terms of Use
5. Orders and Price
6. Promotional Codes
7. Payment Options
8. Shipping 
9. Exchanges, Returns, Cancellations and Store Credit Policy
10. Gift Card Policy
11. External Websites and Resources
12. User Content
13. Infringement Notice 
14. Disclaimers
15. Limitations of Liability
16. Indemnification
17. Binding Arbitration Agreement for Resolution of Disputes
18. Governing law
19. Investigations of Violations of these Terms
20. Notice for California Users
21. Miscellaneous

This website www.georgjensen.com/en-us, as well as any and all associated websites, mobile sites, and mobile applications (collectively referred to as the “Website”) is operated by Georg Jensen, Inc. ("us/we/our"). We offer this Website, including all information, products and services available from this Website, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein. YOUR CONTINUED USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE. If at any time you do not agree to these Terms of Use, please do not use this Website.

THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. PLEASE READ IT CAREFULLY. 

NOTICE OF ARBITRATION: THESE TERMS OF USE REQUIRE YOU TO SUBMIT MOST DISPUTES TO BINDING INDIVIDUAL ARBITRATION, RATHER THAN PROCEEDING IN COURT, EXCEPT FOR SMALL CLAIMS COURT. THIS INCLUDES ANY DISPUTE RELATED TO THE WEBSITE, THESE TERMS AND/OR OUR COOKIES OR PRIVACY POLICIES. MORE INFORMATION ABOUT ARBITRATION IS SET FORTH BELOW.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.

YOU SHALL NOT USE THE WEBSITE FOR ANY ILLEGAL PURPOSES, AND YOU WILL USE IT IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS. YOU SHALL NOT USE THE WEBSITE IN A WAY THAT MAY CAUSE THE WEBSITE TO BE INTERRUPTED, DAMAGED, RENDERED LESS EFFICIENT OR SUCH THAT THE EFFECTIVENESS OR FUNCTIONALITY OF THE WEBSITE IS IN ANY WAY IMPAIRED. YOU AGREE NOT TO ATTEMPT ANY UNAUTHORIZED ACCESS TO ANY PART OR COMPONENT OF THE WEBSITE. 


1. INTELLECTUAL PROPERTY OWNERSHIP AND USE 

You acknowledge and agree that all of our trademarks, logos, copyrights and any and all other intellectual property rights in all material or content contained within this Website shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.

We grant you the limited right to access and make use of the Website as our customer. However, you shall not: (a) reproduce, duplicate, copy, sell or otherwise exploit the Website or any image, page layout, page design, trade dress, trademark, logo or other content (“Website Content”) for any commercial purpose; (b)  use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content; (c) use any meta tags, search terms, key terms, or the like that contain the Website’s name or our trademarks; (d) engage in any activity that interferes with the Website or another user’s ability to use the Website; (e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and the goods or services offered on the Website; or (f) assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

You may not shall not use, copy, distribute, or exploit any of the Website Content in any manner without our prior written permission. 

All Website Content and all materials and content contained within the Website, including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on the Website, are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.


2. ERRORS AND INACCURACIES

We strive to provide complete, accurate, up-to-date information on the Website. Unfortunately, despite those efforts, human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of products, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. 

You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display, and look of products offered on the Website may not accurately reflect the look of the actual product. Please pay close attention to the written descriptions and specifications for products, and do not rely solely on product photographs.  


3. USE OF THE WEBSITE

The content and information posted by us on the Website may be used only for informational, personal or other purposes authorized by us. By accessing, registering and using the Website, you represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Website does not violate any applicable law, rule or regulation. 

The Website is intended for use by residents of the United States and Canada or non-residents who agree to use the Website in accordance with these Terms of Use and our privacy policy, which can be viewed at https://www.georgjensen.com/en-us/privacy-policy, and is incorporated into these Terms of Use by reference. California residents are also governed by the following privacy terms which can be viewed at: https://www.georgjensen.com/en-us/ccpa, and which are incorporated into these Terms of Use by reference.


4. CHANGES TO WEBSITE OR THESE TERMS OF USE

Other than as may be prohibited by law, we reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Website or any portion of it. 

The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website. 

We may alter these Terms from time to time, and your use of the Website (or any part of the Website) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check this page regularly to determine whether the Terms have been changed. If you do not agree to any change, you should immediately stop using the Website. 


5. ORDERS AND PRICE

Nothing on the Website constitutes a binding offer to sell you any products described on the Website or to make or ship such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. The prices displayed on the Website are quoted in U.S. dollars and must be paid in U.S. dollars. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase or you have already paid for the products and your order is canceled, we will issue a full refund to your credit card account or will otherwise refund any money you have paid for such cancelled products.
All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged will be clearly stated in your order confirmation. Price increases will only apply to orders placed after the time of the increase.  Posted prices do not include taxes or charges that may apply for shipping and handling. All such taxes and charges, if any, will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. 


6. PROMOTIONAL CODES

It is your responsibility, during the checkout procedure, to enter and provide any promotional codes that may entitle you to a price discount or other consideration. Promotional codes are NOT applied by us at your checkout. We have no obligation to apply any promotional code or other discount to a purchase once the order has been placed by you and confirmed in our order system.  Promotional codes cannot be combined with other discounts, promotions, and bundles.


7. PAYMENT OPTIONS

We accept payment with the following payment methods: VISA, MasterCard, American Express, Discover, Google Pay, Apple Pay, PayPal and Gift Cards issued by Georg Jensen. For US residents only, we also accept payment with Affirm (read more about Affirm here) and Klarna Pay Over Time (read more about Klarna Pay Over Time here).


8. SHIPPING  

  • a. All U.S. and Canadian orders are eligible for free ground shipping to registered My Georg Jensen account holders. For non-account holders, the shipping charges listed below will be added to your total during the checkout process and included on the order confirmation to be sent via e-mail once  the purchase is completed.
  • b. Order processing times may increase during peak holiday and promotional periods.
  • c. If your desired product is not in stock at the time of processing, we will contact you by phone or e-mail to make alternate delivery arrangements. 
  • d. All orders over $500 will be shipped “signature required.” This means that UPS will require a person to provide a signature to make the delivery. The below delivery charges are for deliveries within the U.S. only.
  • e. It is our goal that all orders placed on Friday, Saturday, and Sunday will be processed by the following business day.
  • f. Shipping charges / United States (subject to change without further notice, as set forth during the checkout process):
  • UPS Ground Shipping: $15 (USD). Orders of available stock placed by 12 noon ET will be shipped to arrive in four to five business days.
  • UPS Second Day Shipping: $30 (USD). Orders of available stock placed by 12 noon ET will be shipped to arrive in two business days.
  • UPS Next Day: $45 (USD). Orders of available stock placed by 12 noon ET Monday through Thursday will be shipped to arrive the following business day.
  • g. Shipping charges / Canada (subject to change without further notice, as set forth during the checkout process): UPS Standard International Shipping: $25 (USD). Orders of available stock placed by 12 noon ET will be shipped to arrive in twelve to fifteen business days.
  • h. Please note that:
  • Orders with a Post Office Box address/number and/or Lot numbers will not be processed.
  • All orders with US military addresses will be shipped by USPS and may have longer delivery time.
  • Canadian import duties for Canadian orders, your order is shipped DUTY PAID. A fee of 15% of the order value (excluding delivery charges) will be charged as a part of the order total to cover import duties related to customs handling when the order arrives in Canada. This means that you will not  be charged extra related to your order. 
  • Once your order has left our warehouse, you will receive an e-mail with your tracking number, so you can follow your parcel at www.ups.com. Please be aware that it may take 24 hours before your delivery information is registered in UPS’ system. 
  • i. International Orders (except Canada) unavailable through this site. Note: To place an order for delivery outside of the United States or Canada, click “Other countries” at the bottom of the site and select the destination from the list of available countries.

If you have any questions or are experiencing any issues with shipping, please contact us via email customerserviceus@georgjensen.com.


9. EXCHANGES, RETURNS, CANCELLATIONS AND STORE CREDIT POLICY 

  • a. To return or exchange any item, you are required to complete our Return & Exchange Form within 14 days of receipt of your order by clicking here
  • b. Any claim regarding damaged or defective goods must be made within 48 hours of receipt of merchandise.
  • c. All discounted items labelled “FINAL SALE” are final sale and cannot be returned for refund. 
  • d. Return Service: All goods returned for refund or exchange must be in a salable condition with original packaging intact and must have original purchaser's information or order number to be processed.
  • e. You may return your purchase (except for custom or special orders) within 14 days of receipt or delivery provided the merchandise remains in perfect condition. 
  • f. If you have received a gift as a part of your order, you must return the gift to us as part of any exchange or refund transaction if you no longer meet the conditions for receiving the free gift. If you do not return the gift with the other items and no longer meet the conditions for receiving the gift, we will deduct the suggested retail value of the gift from your refund. 
  • g. If the product is out of stock at the time we receive your exchange request, we will offer an alternative product or a refund. If you wish to wait until the item is back in stock, we will contact you with details of when you can expect delivery.
  • h. All online refunds will be completed within approximately seven days of agreement.
  • i. All refunds will be made according to the original method of payment. 
  • j. We do not refund the cost of delivery or shipping unless your return is the result of an error made by georgjensen.com.
  • k. STORE CREDITS: Store credits can only be redeemed on www.georgjensen.com by the use of a voucher code or by writing to customerserviceus@georgjensen.com. Store credits have no cash value. We are not responsible for any lost, misplaced, or stolen store credits. 
  • l. CANCELLATIONS: Cancellations are accepted only for items in current stock and prior to shipping.
  • m. You must call or e-mail us to cancel an order. You can contact us Monday to Thursday 9:00 am to 5:00 pm EST and Friday 9:00 am to 1:00 pm EST. Outside these hours, you will be able to leave a message and will be contacted the following working day. 

Telephone number: 1-800-546-5253
E-mail: customerserviceus@georgjensen.com 


10. GIFT CARD POLICY

  • a. By purchasing, accepting, or using a Georg Jensen Gift Card, you agree to be bound by the terms contained in this section. You may purchase Gift Cards online at www.georgjensen.com/en-us (the “Website”) and you will be required to confirm that you accept these terms. 
  • b. A Gift Card purchased through this Website will only be issued in United States currency and may only be redeemed against Georg Jensen products sold in the same currency.
  • c. Balance Inquiry: Information regarding the balance of your Gift Card is available here. The balance you receive when inquiring is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed. 
  • d. Expiration/Fees: Gift Cards do not expire. No fees for inactivity or service fees apply to any Gift Cards. However, Georg Jensen reserves the right to refuse to honor any Gift Card in the event of a disputed credit card charge, bounced check or other failure of consideration.
  • e. No Right of Redemption Except As Required By Law: Your Gift Card is redeemable only for purchases of merchandise or services online at the Website. The Gift Cards have no cash value and may not be redeemed for cash (except as required by law) or used to purchase another Gift Card.
  • f. No Refunds: No refunds are permitted for Gift Cards; all sales are final
  • g. Risk of Loss, Lost, Damaged, or Stolen Gift Cards: The value of any lost, damaged or stolen Gift Cards will not be replaced.
  • h. Resale / Combination Prohibited: You may not sell a Gift Card or otherwise barter for its exchange. Also, Georg Jensen E-Gift Cards cannot be combined with other products. However, you may transfer a Card to another person for no monetary consideration (e.g., as a gift).
  • i. Unclaimed Property: In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining balance to a state under such state’s unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance under a state’s unclaimed property law by operation of law, we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state’s unclaimed property administrator to attempt to recover your unused balance. To protect your right to continue to use your remaining Gift Card balance under these Terms, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws if such laws so permit. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
  • j. Fraud/Violation of Terms: Georg Jensen reserves the right to refuse to honor, or to suspend or deactivate a Card if we suspect that the Card was obtained fraudulently, in violation of this Agreement, or in violation of applicable laws or other applicable Terms and Conditions.


11. EXTERNAL WEBSITES AND RESOURCES

We are not responsible for the availability of any websites owned or controlled by third-parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources. 


12. USER CONTENT

The Website contains or may in the future contain various interactive portions that allow users to post content on our Website (“User Content”). We have no obligation to actively monitor the User Content, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any User Content. All User Content expresses the views and opinions of the user and does not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post User Content, for any reason whatsoever. 

By using this Website, you agree that: 

  • You will not upload, post, email or otherwise transmit any material or other content that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person's privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity's intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right). 
  • You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity. 
  • You will not repeatedly post the same or similar message ("flooding") or post excessively large or inappropriate images or content. 
  • You will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters. 

User Content becomes public information. You should be very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information online, you may receive unsolicited messages from other users in return. 

If you submit any User Content, you grant to us, and any of our successors, licensees, assigns, and affiliates, a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content, and in any other media, now known or hereafter devised. 

If you choose to communicate or meet with other users of the Website, you are doing so at your own risk. We do not, and have no obligation to, verify the identity of or otherwise screen our users for any reason. You acknowledge that there are risks, including the risk of physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you may come in contact through the Website.

This Website is meant for users 18 years old and over. We will not knowingly allow any user less than 18 years of age to submit any User Content to our Website.

YOU REPRESENT AND WARRANT THAT: 

  • YOU HAVE THE FULL RIGHT, AUTHORITY, AND PERMISSION TO POST AND DISTRUBITE ALL USER CONTENT YOU SUBMIT
  • YOU ARE THE SOLE CREATOR OF ALL USER CONTENT, OR IF YOU ARE NOT THE SOLE CREATOR, YOU HAVE OBTAINED WRITTEN CONSENT FROM ANY THIRD PARTIES WHO HAVE CREATED OR HELPED CREATE SUCH USER CONTENT TO ALLOW YOU TO SUBMIT SUCH USER CONTENT TO THE WEBSITE
  • ALL PERSONS FEATURED IN ANY USER CONTENT HAVE PROVIDED YOU WITH THEIR CONSENT TO ALLOW YOU TO SUBMIT SUCH USER CONTENT TO THE WEBSITE

If you believe that any User Content is inaccurate or objectionable, you should contact us by sending an email to customerserviceus@georgjensen.com. Please provide us with detailed information about the nature and location of the alleged objectionable material so that we may easily locate and investigate the same.


13. INFRINGEMENT NOTICE 

We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Website, please notify us by sending an email to the following address: customerserviceus@georgjensen.com

In order for us to more effectively assist you, the notification must include all of the following: 

  • A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf; 
  • A description of the copyrighted work or other right you claim has been infringed or violated; 
  • Information reasonably sufficient to locate the material in question on the Website; 
  • Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you; 
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; andA statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner. 


14. DISCLAIMERS

WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE. 

WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE. 
AS SET FORTH IN THE WEBSITE PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU. 


15. LIMITATIONS OF LIABILITY

WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED. 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.


16. INDEMNIFICATION

YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY USER CONTENT YOU POST TO THE WEBSITE AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF USE BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT. 


17. BINDING ARBITRATION AGREEMENT FOR RESOLUTION OF DISPUTES

Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and us, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and we will first attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice and shall allow ten (10) days for completion. Your address for any notices under this Section is your physical address or email address that you have provided to us. 

Our mailing address for such notices is:

Georg Jensen, Inc. 
147 West 26th Street, Floor 6
New York, NY 10001

Arbitration. If a Dispute is not resolved through Informal Negotiations, you and we agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures if the dispute is for $5000 or less, or under JAMS’ Comprehensive Arbitration Rules & Procedures if the dispute exceeds $5000 (collectively the "JAMS Rules"). All arbitration shall be subject to JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. All of these procedures and rules are available at the JAMS website (https://www.jamsadr.com/adr-rules-procedures). Your arbitration fees and your share of arbitrator compensation will be governed by the JAMS Rules. If you are unable to pay such costs, we will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.

Excluded Disputes. You and we agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of intellectual property rights; (2) individual claims brought in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.

This Arbitration Agreement will survive the termination of your relationship with us.

Class Action Waiver. To fullest extent permitted by applicable law, you and we agree to bring any Dispute, whether in arbitration or court as permitted by these terms, ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable JAMS Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.

Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.

Location. You may choose to have the arbitration conducted by video conference technology such as zoom, or based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Authority of Arbitrator. The arbitrator shall have exclusive authority to: (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable.  The arbitration will decide the rights and liabilities, if any, of you and us.  The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and us.

Waiver of Jury Trial.  BOTH YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, except as provided herein.  We are instead mutually electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified herein.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would.  However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Thirty-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following e-mail address: customerserviceus@georgjensen.com within 30 days after first becoming subject to this Arbitration Agreement.  Your notice must include your name and address, the e-mail address you used to set up your online account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.  Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Severability. You and we agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.


18. GOVERNING LAW

These Terms of Use and any disputes between us shall be governed by the laws of the State of New York. 


19. INVESTIGATIONS OF VIOLATIONS OF THESE TERMS

We may investigate any reported violation of these Terms of Use and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. 


20. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, residents of California who use this Website are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

In addition, we may be reached by email at customerserviceus@georgjensen.com or telephone at +1 (800) 546 5253. Please contact us to resolve any issues with our Website that you may have.


21. MISCELLANEOUS

If any part of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Use. 

These Terms of Use and our Privacy Policies, and any other terms or agreements that may be posted on the Website (as may be amended from time to time) (“Website Agreements”) contain the entire agreement between you and us relating to the Website and your use of the Website and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of these Website Agreements. You confirm that, in agreeing to accept these Website Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Website Agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these Website Agreements. 

You may send us notices or communicate with us by e-mail at customerserviceus@georgjensen.com. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email


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Version 5.4, 26th September 2023