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.
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.
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
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.
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.
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.
as part of the auto-delivery program, you will receive email notifications including the following:
- program welcome
- order about to be processed (10 days in advance - order may still be modified, if needed)
- order being processed (24 hours in advance - order is closed to modifications)
- shipment status
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.
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.
use of philosophy's name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its affiliates) in connection with the purchase or use of e-gift cards is strictly prohibited. furthermore, the use of e-gift cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, philosophy or any of its affiliates is strictly prohibited.
risk of loss
the risk of loss and title for e-gift cards passes to the purchaser upon our electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. philosophy is not responsible if any e-gift card that is lost, stolen, destroyed or used without permission.
philosophy reserves the right to close customer accounts and request alternative forms of payment if a fraudulently obtained e-gift card is redeemed and/or used to make purchases.
other applicable policies
philosophy and its affiliates make no warranties, express or implied, with respect to e-gift cards, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. in the event an e-gift card is non-functional, your sole remedy, and our sole liability, shall be the replacement of such egift card. certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
limitation of liability
philosophy shall have no liability for any direct, indirect, special, or consequential damages with respect to the e-gift card or use of merchandise purchased with the e-gift card.
any dispute relating in any way to the e-gift cards shall be submitted to confidential arbitration in arizona, except that, to the extent you have in any manner violated or threatened to violate philosophy&39;s 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 these terms and conditions shall be joined to an arbitration involving any other party subject to these terms and conditions, whether through class arbitration proceedings or otherwise.
e-gift cards are issued by philosophy, a delaware corporation. when you purchase, receive or redeem an e-gift card, you agree that the laws of the state of arizona, without regard to principles of conflict of laws, will govern these terms and conditions as if the terms and conditions were a contract wholly entered into and wholly performed within arizona. philosophy reserves the right to change these terms and conditions from time to time in its discretion. all terms and conditions are applicable to the extent permitted by law.
compliance with laws
by purchasing e-gift cards, you are certifying and representing to philosophy that the activities in connection with which the e-gift cards will be used will comply with these terms and conditions and all applicable laws, rules and regulations, and that the e-gift cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers. in addition, you agree to defend and indemnify philosophy and its affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the e-gift cards or violation of any of these terms and conditions.
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.
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.
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.
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.
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.
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.
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.