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last updated: september 1, 2016
certain features or services offered on philosophy.com may be subject to separate terms and conditions which may be posted by philosophy from to time (“Additional Terms”). all Additional Terms are hereby incorporated by reference into these Terms. to the extent of any inconsistency between these Terms and any Additional Terms, these Terms will prevail.
updates to these Terms
we reserve the right, in our sole discretion, to modify any portion of these Terms at any time without notice by posting the changes on philosophy.com and in other appropriate places. any changes are effective immediately upon posting. we will make an effort to notify you of any changes to these Terms by posting the modified Terms and updating the “last modified” date at the top of this page, and possibly in other ways as well. your continued use of philosophy.com after any modified Terms have been posted constitutes your agreement to all such modified terms and conditions.
product information; accuracy
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all product material and information presented on philosophy.com is solely intended for personal educational and informational purposes.
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any unauthorized use by you of philosophy.com or the Content or Trademarks terminates the limited licenses set forth in this section without prejudice to any other remedy provided by applicable law or these Terms.
your obligations & responsibilities
from time to time, philosophy may offer certain special promotions, features, or events (such as contests, sweepstakes or other offerings) (collectively, “promotions”). these promotions may be subject to Additional Terms in addition to or in lieu of these Terms and may be offered by us or by third parties. we will disclose details for such promotions (such as eligibility requirements, dates of availability, contents of the promotion, etc.) when offered, and if you choose to take advantage of any promotion, you agree that your participation will be subject to such Additional Terms or other guidelines, rules, and/or policies.
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we reserve the right to refuse service and/or suspend or terminate accounts without prior notice if you violate these Terms or if we decide, in our sole discretion, that it would be in philosophy's best interests to do so.
third party sites
we are not responsible for the content of any third party web site pages or any other third party web sites linked to or from philosophy.com (collectively, “third party sites”). links to any third party sites 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.
we may interact with you on certain third party sites, such as on Facebook where we post content or invite your feedback. these Terms and other areas of philosophy.com provide guidelines and rules relating to these third party sites, but philosophy does not own or control those third party sites.
your access, linking to or from any third party sites is at your own risk. philosophy is in no way responsible for examining or evaluating, and we do not warrant the offerings of, any third party site linked to or from philosophy.com, nor do we assume any responsibility or liability for the actions, content, products, or services of such third party sites, including, without limitation, their privacy policies and terms and conditions. you should carefully review the terms and conditions and privacy policies of all third party sites that you visit.
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philosophy is not obligated to, but reserves the right, to monitor, remove or edit submissions in its sole discretion.
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 philosophy, its parent company and affiliates for all claims arising from or in connection with any claims to any rights in any submission. to the full extent permissible by applicable law, philosophy takes no responsibility and assumes no liability for any submission posted by you or any third party on or through philosophy.com.
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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
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you may terminate your agreement to these Terms 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.
claims of copyright infringement
it is philosophy's policy to respond to claims of copyright infringement. pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the "DMCA"), notifications of claimed copyright infringement by third parties should be sent to philosophy's copyright agent. if you believe that your copyrighted work is being used on philosophy.com in a way that constitutes copyright infringement, please notify our copyright agent in writing with the following information (to be effective, the notification must be in writing and provided to our copyright agent):
to be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to philosophy's Agent that includes the following:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
- a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on philosophy.com;
- your address, telephone number, and, if available, email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
please be advised that you may be held liable for damages based on certain material misrepresentations contained in a DMCA infringement notice.
philosophy's copyright agent for notice of claims of copyright infringement can be reached as follows:
by email: DMCAfirstname.lastname@example.org
by mail: Philosophy Copyright Agent, Coty Inc., 350 Fifth Avenue, New York, New York 10118.
changes to philosophy.com
philosophy may terminate these Terms and deny you access to philosophy.com (or any part thereof) at any time, immediately and without notice, if in philosophy’s sole discretion you fail to comply with any term or condition of these Terms.
philosophy also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, philosophy.com (or any part thereof) with or without notice. you agree that philosophy shall not be liable to you or to any third party for any termination of access or for any modification, suspension or discontinuance of philosophy.com.
nothing contained in these Terms 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 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 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 any Content on philosophy.com, or your use of philosophy.com, is contrary to the laws of the place where you reside when you access philosophy.com, philosophy.com are not intended for you, and we ask you not to use philosophy.com. you are responsible for informing yourself of the laws of your jurisdiction and complying with them.
you may not assign these Terms (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of philosophy, which may be withheld at philosophy’s sole discretion. any attempted assignment that does not comply with these Terms shall be null and void. philosophy may assign these Terms, in whole or in part, to any third party in its sole discretion.
if you have any questions regarding these Terms, please contact consumer care at 1-800-568-3151 or through our contact us form.
Terms and Conditions of Sale
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:
Coty UK Limited
St Georges House
5 St Georges Road
telephone: 08444 068 108
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.
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”.
4.4 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.
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.
10.4 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.
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.