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when you provide us with information through philosophy.com, we respect your privacy. it is important for you to understand what information we collect about you during your visit and what we do with that information. we have a strict policy where we do not rent or sell your information to anyone, for any reason. if you have questions and/or concerns regarding the use of your data, our customer service department can be reached at 1-800-568-3151.
your visit to philosophy.com is subject to this privacy policy and our
terms and conditions
. please note that this privacy policy governs only information provided to philosophy.com and communications from philosophy.com. it does not govern any other information or communications that may reference philosophy, e.g., communications from other e-retailers or brick and mortar stores. this privacy policy was last updated 2012.
collection of personal information
we do not collect personally identifiable information about you, except when you provide it to us. for example, if you decide to complete a user registration form or online survey, you may be asked to provide certain information such as your contact information (name, email address, mailing address, and telephone number), age group, gender, and product and/or cosmetic concerns, and the brands and products you use. if you decide to place an order, we will also need to know your delivery and billing address, credit card number and expiration date. to protect your personal information, users registering at philosophy.com must also enter a user name/email address and password. if you would prefer that we not collect any personally identifiable information from you, please do not provide us with any such information.
when you submit your personally identifiable information on philosophy.com, you are giving your consent to the collection, use, and disclosure of your personal information as set forth in this privacy policy.
opt-in communications & third party involvement
if you make a purchase on philosophy.com or opt-in during the registration process or at other times when you submit personally identifiable information, the information you provide may be used by our third-party marketing company to assist us in hosting and storing your data who may from time to time assist in the maintenance and analysis of that data.
except as otherwise stated herein, we will never provide your personally identifiable information to third parties for their use in marketing their products or services to you without your consent. if you make a purchase on philosophy.com or specifically opt-in and later decide that you would no longer like to receive these communications, see the section “choice/opt out” below.
we may retain other companies and individuals to perform functions consistent with our privacy policy on our behalf. examples include customer support specialists, webhosting companies, fulfillment companies (e.g., companies that fill product orders or coordinate mailings), data analysis firms, and email service providers. such third parties may be provided with access to personally identifiable information needed to perform their functions, but may not use such information for any other purpose. we carefully select our partners by ensuring that they adhere to strict privacy guidelines and will never sell or rent your information. if you prefer not to receive such opt-in communications, please do not opt-in to receive these communications.
if you elect to participate in any promotions, sweepstakes, surveys, questionnaires, or other events during your visit to philosophy.com, the rules or terms and conditions for those events may indicate that your personally identifiable information will be shared with third parties. providing such information will happen only with your explicit permission.
choice / opt-out
you may opt-out of receiving future opt-in communications from philosophy.com when you make a purchase on philosophy.com, register or otherwise provide your contact information to our customer service department. you may change your preferences at any time by revising your profile by unchecking the boxes for opt-in communications. you may also click the “unsubscribe” link at the bottom of any email opt-in communication you receive from us and follow the instructions provided therein.
use of collected information
if you have elected to provide us with your contact information, e.g., by registering on philosophy.com, emailing our customer service department, or placing an order, we may provide you with service related announcements concerning philosophy.com or contact you regarding your customer service requests or your order. for example, all registered users will receive a welcome email to confirm their registration. these types of communications are necessary to serve you, respond to your concerns, and to provide the high level of customer service that philosophy.com offers its customers.
we may use the information you provide in aggregate (non-personally identifiable) form for internal business purposes, such as generating statistics and developing marketing plans. we may collect, store, or accumulate certain non-personally identifiable information concerning your use of philosophy.com, such as information regarding which of our pages are most popular. we may share or transfer non-personally identifiable information with or to our affiliates, licensees, and partners.
compliance with laws
we may disclose any information, including personally identifiable information, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process, or governmental request. we may also exchange information, including personally identifiable information, with other companies and organizations for credit fraud protection and risk reduction.
use of cookies & log files
we may place a “cookie” on your computer’s hard drive so we can recognize you as a return user and personalize your experience. a cookie is a piece of data that enables us to track and target your preferences. the cookie will be stored on your computer’s hard drive until you remove it. we may also use temporary or “session” cookies to help you shop. these cookies will expire when you place an order. you can have your browser notify you of, or automatically reject, cookies. if you reject our cookies, you may still use philosophy.com, but you may be limited in the use of some of the features.
third party links
philosophy.com may contain links to or from other websites. please be aware that we are not responsible for the privacy practices of other websites. this privacy policy applies only to the information we collect on philosophy.com. we encourage you to read the privacy policies of other websites you link to from philosophy.com or otherwise visit.
facebook
if you click "like" or make a comment on philosophy.com using a facebook social plugin, your activity may be published on facebook and shown to your facebook friends who visit philosophy.com. we encourage you to read the
facebook privacy policy
for more information.
notification of changes
we may revise this privacy policy from time to time. if we decide to change our privacy policy, we will post the revised policy here. as we may make changes at any time without notifying you, we suggest that you periodically consult this privacy policy. please note that our rights to use your personally identifiable information will be based on the privacy policy in effect at the time the information is used. should there be any changes that would affect your opt-in status and how we use personal information, we will notify you to obtain permission.
updating your information
you have the ability to review, change and/or correct the personally identifiable information you provide us by calling 1-800-568-3151. if you are a registered user, you can also review, change or correct your personal information at any time by logging in to your account by clicking the log-in link on philosophy.com. you may request that we deactivate your account by calling us at 1-800-568-3151.
let us know how we are doing
we have taken great measures to ensure that your visit to philosophy.com is an excellent one and that your privacy is constantly respected. if you have any questions, comments, or concerns about our privacy practices, please contact us by phone at 1-800-568-3151.
security
we implement various security measures in accordance with industry standards to protect the security of your personal information both online and offline. if you have any questions about security on philosophy.com, you can contact us at 1-800-568-3151.
welcome to philosophy.com, where the content and services available on our site are subject to the following terms and conditions. by accessing or using philosophy.com, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these terms and conditions which include our privacy policy.
privacy policy
please review our
privacy policy
, which also governs your visit to philosophy.com, so that you may understand our privacy practices.
disclaimer of warranties
the philosophy.com website is provided on an "as is" basis without warranty of any kind, express or implied. you expressly agree that the use of the website is at your sole risk. we do not warrant that the website will be uninterrupted or error free, nor do we make any warranty as to any results that may be obtained by use of the website. we make no other warranties, expressed or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose.
accuracy of information
we attempt to be as accurate as possible when describing our products on philosophy.com; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, sizes, prices or other content available on philosophy.com are accurate, complete, reliable, current, or error-free.
intellectual property
all content available on philosophy.com, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the "content") is the property of philosophy.com, our affiliates, partners, or licensors, and is protected by united states and international copyright laws.
the trademarks, logos, and service marks displayed on philosophy.com (collectively, the "trademarks") are the registered and unregistered marks of philosophy.com, our affiliates, partners or licensors, in the united states and other countries, and are protected by united states and international trademark laws.
except as set forth in the limited licenses section below, or as required under applicable law, neither the content or trademarks nor any portion of philosophy.com may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
limited license
we grant you a limited, revocable, and non-exclusive license to access and make personal use of philosophy.com. this limited license does not include the right to: (i) frame or utilize framing techniques to enclose philosophy.com or any portion thereof; (ii) modify or download philosophy.com or content (except caching or as necessary to view philosophy.com); (iii) make any use of philosophy.com or content other than personal use; (iv) create any derivative work based upon either philosophy.com or content; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other "hidden text" utilizing our name or the trademarks or to otherwise use the trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
we also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of philosophy.com for personal, non-commercial use only. a web site that links to philosophy.com (i) may link to, but not replicate, our content; (ii) may not imply that we are endorsing such web site or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any trademark; and (vii) may not link to any page of philosophy.com other than the home page. we may, in our sole discretion, request that you remove any link to philosophy.com, and upon receipt of such request, you shall immediately remove such link.
any unauthorized use by you of philosophy.com terminates the limited licenses set forth in this section without prejudice to any other remedy provided by applicable law or these terms and conditions.
your obligations & responsibilities
in the access or use of philosophy.com, you shall comply with these terms and conditions and the special warnings or instructions for access or use posted on philosophy.com. you shall act always in accordance with the law, custom and in good faith. you may not make any change or alteration to philosophy.com or any content or services that may appear on philosophy.com and may not impair in any way the integrity or operation of philosophy.com. without limiting the generality of any other provision of these terms and conditions, if you default negligently or willfully in any of the obligations set forth in these terms and conditions (including our privacy policy), you shall be liable for all the losses and damages that this may cause to philosophy.com, our affiliates, partners or licensors.
website promotions
details for any and all promotions available for use on philosophy.com are explicitly stated in the email, advertisement or article to which they are associated, (such as eligibility requirements, dates of availability, contents of the promotion, etc). details or clarification will be made available upon request.
the following applies to any and all promotions available for use on philosophy.com:
(1)
dates of availability are assumed to be from 12:00:01am on the start date through 11:59:59pm on the end date. all times are eastern time zone. daylight savings in effect when applicable.
(2)
an eligible purchase must be completed on philosophy.com during the dates of availability as specified. purchases prior to or after the dates of availability are not be eligible.
(3)
promotions may only be available while supplies last. a promotion may expire early due to limited quantities on gift with purchase items.
(4)
all requirements of the promotion as specified must be met in order to successfully redeem a promotion. this may include, but is not limited to; purchasing a specific product, making a purchase for a specific dollar amount, being signed in as a registered member, having specific information in your membership account.
(5)
any given promotion may not be compatible with other available promotions on the same order.
(6)
promotional offer has no cash value and cannot be resold or transferred.
(7)
philosophy reserves the right to cancel, suspend or modify part or all of any promotional offer at any time without notice, for any reason in its sole discretion.
(8)
returns must include any promotional gift(s) to qualify for full refund. partial returns must include any promotional gift(s) to quality for a partial refund if the unreturned portion of the order fails to meet the original requirements to qualify for the promotional gift. promotional gifts may not be exchanged.
gift cards
redemption
e-gift cards must be used to purchase eligible merchandise at philosophy.com. at this time, e-gift cards cannot be redeemed via telephone, or at any philosophy store or retail partner. when you make a purchase, the balance is deducted from the e-gift card. any unused balance will remain in the e-gift card account until redeemed except to the extent required by law. if an order exceeds the remaining amount of the e-gift card, you will need to provide a secondary method of payment (such as a valid credit card number) to pay for the remaining balance. the total remaining amount of your e-gift card will be applied first before any secondary form of payment. to view e-gift card balances, visit philosophy.com and click on the e-gift card balance page.
nonrefundable; not for resale
philosophy, inc. ("philosophy") e-gift cards ("e-gift cards") are not refundable for cash except to the extent required by law. e-gift cards cannot be reloaded, resold, transferred for value, or used to purchase another gift card, except to the extent required by law.
no expiration or fees
e-gift cards do not have any expiration date. there are no fees or charges associated with the purchase or ownership of e-gift cards. purchases paid for with e-gift cards will be subject to applicable sales tax.
customer support
if you need assistance with any aspect of your purchase, ownership, or use of an e-gift card, please email philosophy's customer support at 1-800-568-3151. if the date on which you want an e-gift card delivered has passed and you have not received confirmation that the e-gift card was sent, please contact philosophy's customer support. philosophy will not be responsible for e-gift cards that are undeliverable or not received due to failure to enter an accurate email address for the recipient, or due to technical failures or any other factor beyond philosophy's reasonable control. please check to make sure the email address of the recipient is correct and contact philosophy's customer support if you suspect the recipient did not receive his/her e-gift card. should an email be returned to us due to inaccurate delivery information for the recipient, we will attempt to contact you for a valid email address.
auto-delivery terms and conditions
what is auto-delivery?
philosophy's auto-delivery program offers the convenience of having your favorite products shipped to you automatically, as often as you wish. program benefits include free shipping on orders over $50.00 scheduled for auto-delivery, products on a schedule that works for you, the hassle-free option to cancel at any time and email reminders before your orders ship.
auto-delivery subscriptions
in order to participate in our auto-delivery program, we ask that you create an account (it's easy!). all changes are managed through your account on philosophy.com. as a registered customer you may make changes to your auto-delivery preferences at any time by signing in and accessing the “my auto delivery” section of the site. you may modify delivery frequency, skip your next shipment, update your billing information or cancel at any time. all orders are subject to the philosophy general terms and conditions of sale and privacy policy.
notifications
as part of the auto-delivery program, you will receive email notifications including the following:
shipping method and frequency
the auto-delivery program is available to individuals in the continental united states (u.s.). auto-delivery orders are all handled via regular ground shipping (normally $5.95 or free for orders over $50.00) and may not be adjusted to another shipping method. if you modify the frequency of your auto-delivery shipments, your changes will take place on the next order.
unfortunately, auto-delivery is unavailable to our alaska, hawaii, u.s. territories, apo/fpo and international customers at this time. program benefits, including free shipping, may be subject to change at any time.
promotions and price changes
your first auto-delivery order is eligible for discounts and promotions, however future deliveries are not. pricing changes will be communicated in advance of your shipments with an ability to opt-out of the program.
payment
we use your credit card on file in your philosophy.com account to process each of your deliveries. you will receive email alerts when your card is going to be charged. if you establish multiple auto-delivery orders, the same credit card will be used for all orders. you may modify your payment options when you log in to your account. philosophy reserves the right to cancel your shipment if your credit card on file is declined.
your account
you may choose to
register
at philosophy.com. if you do, you will have an email address/username and password for your account. you are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. you agree to accept responsibility for all activities that occur under your account, username and/or password. you agree to provide only accurate, truthful information.
we reserve the right to refuse service and/or terminate accounts without prior notice if you violate these terms and conditions or if we decide, in our sole discretion, that it would be in philosophy.com's best interests to do so.
custom products
custom products may only be purchased from our third-party vendor, cafepress. philosophy promotion codes do not apply to custom products. in addition, custom products are not eligible for promotional discounts or free shipping offers, as all shipping costs are dictated through the cafepress site. orders placed for custom products fall under cafepress'
terms and conditions
as well as their
privacy policy
.
third party links
we are not responsible for the content of any off-web site pages or any other web sites linked to or from philosophy.com. links appearing on philosophy.com are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. your linking to or from any off-web site pages or other web sites is at your own risk. we are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-web site pages or any other web sites linked to or from philosophy.com, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and web sites, including, without limitation, their privacy policies and terms and conditions. you should carefully review the terms and conditions and privacy policies of all off-web site pages and other web sites that you visit.
submissions
it is our policy to decline unsolicited suggestions and ideas. notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "submissions") will be treated as non-proprietary and non-confidential. subject to the terms of our privacy policy by transmitting or posting any submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub- licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. you also acknowledge that your submission may not be returned and we may use your submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
if you make a submission, you represent and warrant that you own or otherwise control the rights to your submission. you further represent and warrant that such submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." you may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any submission. you agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.
indemnification
you agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of philosophy.com. you also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
disputes
with respect to any dispute regarding philosophy.com, all rights and obligations and all actions contemplated by these terms and conditions shall be governed by the laws of arizona , as if the terms and conditions were a contract wholly entered into and wholly performed within arizona . any dispute relating in any way to your visit to philosophy.com shall be submitted to confidential arbitration in arizona, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. the arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. to the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.
limitation of liability
under no circumstances shall we be liable to you or any other person for any indirect, incidental, consequential, or punitive damages arising out of or relating to this agreement. your sole and exclusive remedy hereunder shall be for you to discontinue your use of the website and terminate this agreement. these limited remedies shall apply notwithstanding any failure of their essential purpose.
termination
you may terminate this agreement by providing written notice to us. upon such termination, you shall cease all use of philosophy.com and we shall be permitted to delete your account and any and all information associated therewith.
general information
you acknowledge and agree that these terms and conditions, which include our privacy policy constitute the complete and exclusive agreement between us concerning your use of philosophy.com, and supersede and govern all prior proposals, agreements, or other communications.
we reserve the right, in our sole discretion, to change these terms and conditions at any time by posting the changes on philosophy.com. any changes are effective immediately upon posting to philosophy.com. Your continued use of philosophy.com constitutes your agreement to all such terms and conditions. we may, with or without prior notice, terminate any of the rights granted by these terms and conditions. you shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of philosophy.com.
nothing contained in these terms and conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. in the event that any provision of these terms and conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these terms and conditions unenforceable or invalid as a whole. we will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
if you have any questions regarding these terms and conditions, please contact us at 1-800-568-3151.
Terms and Conditions of Sale
These Terms and Conditions of Sale ("Terms of Sale") apply whenever you order any product ("Product") through www.philosophyskincare.co.uk (the "Website") or otherwise from us. These Terms of Sale should be read alongside, and are in addition to, our website terms of use ("Terms") and our privacy policy (“Privacy Policy”).
Please read these Terms of Sale carefully and print a copy for your future reference. By ordering a Product from us, you agree that you have read, understood and agree to these Terms of Sale, the Privacy Policy and the Terms (each as amended from time to time). If you do not agree to these Terms of Sale, you must not order any Product from us.
1 About us
1.1 We are Coty UK Limited and the Website is operated on our behalf. References to "we", "us" or "our" are references to Coty UK Limited. We are a company registered in England and Wales, whose registered number is 00298483 and our registered address is at St. George's House, 5 St. George's Road, Wimbledon, London SW19 4DR. Our VAT number is 490891118
1.2 Should you have any questions about these Terms of Sale or wish to contact us for any reason whatsoever, please use the contact details set out below:
post:
Coty UK Limited
St Georges House
5 St Georges Road
London
SW19 4DR
telephone: 08444 068 108
e-mail: customercare@philosophyskincare.co.uk
2 About you
2.1 By ordering any Products from us, you confirm that you are:
(a) over 18 years old; (b) legally capable of entering into binding contracts; (c) resident in the United Kingdom (excluding the Channel Islands); (d) ordering Products for delivery in the United Kingdom (excluding the Channel Islands); and (e) paying using your own credit or debit card.
If any of the above is incorrect, you must not order any Product from this Website and we reserve the right, in our sole discretion, to refuse or accept your order.
2.2 Please note, we do not accept orders from individuals outside the United Kingdom (or resident in the channel islands).
3 Product descriptions
3.1 We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not give any guarantee, conditions or warrant that the product descriptions, colours, sizes, prices or other content available on the Website are accurate, complete, reliable, current or error-free.
3.2 You acknowledge that, as between you and us, we own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Products.
3.3 You also acknowledge that you are only permitted to use the Products for your own domestic purposes and that you were not permitted to copy or use the Products, for any other purposes including, for example, any business purposes or to copy or disseminate the Products to any other persons. We reserve the right to cancel or reduce orders placed which we believe, in our absolute discretion, may result in a breach of these Terms of Sale, the Terms or the Privacy Policy
4 How to order Products
4.1 When you have found a Product on the Website that you would like to buy, please click on the button labelled "add to bag". This will add your Product to a virtual "shopping bag". You can then proceed to pay for the Products in your virtual shopping bag by clicking on the button labelled "proceed to checkout". Alternatively, you can continue browsing the Website and add additional Products to your virtual shopping bag.
4.2 You can see what Products are in your virtual shopping bag at any time by hovering over the blue tab in the top right hand corner of the webpage labelled "bag" and clicking on the button labelled "view your shopping bag". If you wish to remove a Product from your virtual shopping bag, simply click on the button labelled “remove” next to the relevant Product. You can pay for the Products in your virtual shopping bag at any time by clicking the button labelled “proceed to checkout”.
4.3 When you click the “proceed to checkout” button, you will be asked to provide various information necessary to process your order and deliver the Product(s) to you. You can provide this information by filling in the fields requested on the screen. All highlighted fields must be completed. We respect your right to privacy and will only use any information you provide to us in accordance with our Privacy Policy.
4.4 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order represents an offer to us to purchase that Product, which we may choose to accept or refuse – it does not represent a legally binding contract.
4.5 Whilst we will do our best to fulfil your order (once it is accepted), we cannot guarantee to do so (for example, where we are out of stock, where your card issuer refuses to authorise your payment or where Products have been incorrectly priced on our Website). If we accept your offer, we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched ("Delivery Confirmation"). The contract between us ("Contract") will only be formed when we send you the Delivery Confirmation.
4.6 The Contract will relate only to those Products as confirmed in the Delivery Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Delivery Confirmation.
4.7 The Contract will be concluded in English.
4.8 You can view details of orders placed and their status by clicking on the button labelled "order status" at the top of the webpage.
4.9 All promotional offers available from time to time on the site are limited to the United Kingdom and are subject both to stock availability and the offer time period stated. Current promotions are not redeemable on (i) prior orders, (ii) in store, or (iii) through partner websites.
4.10 Samples are subject to availability and will only be sent to addresses in the United Kingdom (excluding the channel islands). Any samples we provide for you to test are for your personal use only.
5 Price and Payment
5.1 The price of the Products will be as quoted on our site from time to time except in cases of obvious error. Prices shown on the Website do not include delivery, packaging or other charges, which will be added to any order you place.
5.2 Delivery charges are as set out in our delivery information.
5.3 All prices shown on the Website are in pounds sterling and inclusive of Value Added Tax (“VAT”) at the relevant rate. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
5.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will normally charge the lower amount when dispatching the Product to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
5.5 All Products will remain our property until we have received payment in full for those Products (including delivery charges).
5.6 All card payments are subject to authorisation by your card issuer. If your payment is not authorised (at any time) we will cancel your order and notify you in writing (which may include e-mail) that we have done so.
5.7 If we cannot supply you with the Products that you have ordered, we will cancel your order and inform you of this as soon as reasonably possible. We will give you a full refund where you have already paid for the Products.
6 Delivery of the Products
6.1 Your order will be fulfilled by the delivery date set out in our delivery guide. Please note the dates set out in this guide are indicative only.
6.2 Delivery will be to the address specified in your order. If no one is available at the address at the time of delivery, the Products will be retained by the delivery company for a reasonable period of time and then returned to us. If Products are returned to us by the delivery company, we will issue you with a refund for the Products but reserve the right to retain any costs incurred in arranging for the delivery and return of the Product.
6.3 Please note that unfortunately we are not able to deliver any Products to a P.O. Box.
6.4 All risk in the Products you order (including risk of loss and/or damage to the Products) shall pass to you when they are delivered to the delivery address specified in your order.
6.5 We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by a third party or circumstances beyond our control.
7 Return Policy
7.1 We operate a "no questions asked" returns policy provided that you return the Products to us within 28 days beginning on the day after you receive the Products. You must take reasonable care of the Products, do not use them and return any Products received in their original and unopened packaging and condition with the relevant order reference or delivery note.
7.2 To return your Products please contact our customer care team on 08444 068 108 to receive the necessary return authorization code and arrange for return of the Products to Coty Operations, C/O Coty Prestige Customer Services, Henwood Industrial Estate, Ashford, Kent, TN24 8DH. The return of any Products will be at our cost. To qualify for a full refund on Product(s) purchased, your return must include any gifts received with your purchase.
7.3 If you return the Products as set out above, we will process the refund within 30 days of our receipt of the returned Products.
7.4 Subject to clause ?7.2, if the Products are damaged or have been incorrectly supplied then we will, at your option, either provide a replacement or you may cancel your order.
7.5 Any refunds given by us will be made to the debit/credit card account provided when you placed your order.
7.6 All items purchased through other retailers including shopping channels must be returned to the relevant retailer from which the product was purchased in accordance with their return policy. This Philosophy Return Policy does not apply to any of those items.
7.7 Please note that the above right to return the Products is in addition to your right to cancel the purchase of any Products in accordance with the Consumer Protection (Distance Selling) Regulations 2000.
8 Gifts and Messages
8.1 When you request a Product to be sent as a gift to a third party you give your permission that your name and address may be provided to such third party.
8.2 From time to time we may offer you the opportunity to include a message with a delivery. You are entirely responsible for ensuring that your message does not infringe the rights of any third party. You agree that your message will not contain anything offensive, abusive, harassing, obscene, blasphemous, racist, defamatory, scandalous, vulgar, indecent, threatening, unlawful or otherwise improper. We do not undertake to review messages but we reserve the right to do so and to refuse to print or send any message at our sole discretion.
9 Warranty
We warrant to you that any Product purchased from us through our site will, on delivery conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
10 Our liability to you
10.1 We will use reasonable skill and care in fulfilling any order placed by you which is accepted by us. However, we exclude, subject to Clauses ?9 and ?10.4, all other representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law.
10.2 Save as expressly set out in these Terms of Sale, we will not be liable for losses that you suffer in connection with these Terms of Sale, the Privacy Policy or the Terms that fall into the following categories (even if such losses result from our deliberate breach): (a) special, indirect, incidental or consequential loss; or (b) economic loss or loss of profits or revenues (whether direct or indirect loss).
10.3 notwithstanding the above, our total liability (whether in contract, tort, negligence or on any other basis) to you, for any loss or damage in relation to your receipt and/or use of any products, these terms of sale, and the privacy policy shall, subject to clause 10.4, be limited to the sums paid or payable for the relevant products.
10.4 Nothing in these Terms shall limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979; or (d) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11 Events outside our control
11.1 We will not be liable to you where we breach these Terms of Sale due to any cause that is beyond our reasonable control ("Force Majeure Event").
11.2 A "Force Majeure Event" includes acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, terrorist attack or threat of terrorist attack, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining products, materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
11.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
12 Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13 Notices
All notices given by you to us must be given to us at the address or email address given in section 1.2. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the other ways specified in clause ?12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In providing the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14 Other important terms
14.1 We may update or amend these Terms of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
14.2 You will be subject to the Terms of Sale in force at the time that you order Products from us, unless any change to these Terms of Sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these Terms of Sale before we send you the Delivery Confirmation (in which case we have the right to assume that you have accepted the change to Terms of Sale, unless you notify us to the contrary within seven working days of receipt by you of the Products).
14.3 these terms of sale supersede any other terms and conditions relating to the products previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.
14.4 You may not assign or sub-contract any of your rights or obligations under these Terms of Sale to any third party unless we agree in writing.
14.5 We may assign, transfer or sub-contract any of our rights or obligations under these Terms of Sale to any third party at our discretion.
14.6 No relaxation or delay by us in exercising any right or remedy under these Terms of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing. A waiver by us of any default will not constitute a waiver of any subsequent default.
14.7 If any court or competent authority decides that any of these Terms of Sale or any provision of a Contract are illegal, invalid or unenforceable to any extent, the relevant term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
14.8 Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
14.9 These Terms of Sale and any Contracts for the purchase of Products concluded through the Website are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms of Sale or such Contracts or their formation, you and we shall submit to the exclusive jurisdiction of the English courts.
