you have chosen this item to be automatically replenished at the above selected frequency
your privacy is important to philosophy inc. and its affiliates (“philosophy”, “we” or “us”) and we are committed to protecting your personal information. this Privacy Notice (“Notice”) relates to our use of your personal information when you:
this Notice explains who we are; what personal information we collect about you; how we use it (including who we share that personal information with) and your rights and choices regarding your personal information.
this Notice was last updated October 2020. if you have any questions or concerns about our use of your personal information, then please contact us using the contact details provided in the section below marked “how do I contact philosophy?”.
we are a wellbeing beauty brand specializing in skin care, fragrance and body care products. philosophy is part of the Coty Inc group which is a world leading beauty company, making cosmetic, skincare and fragrances. for more information about Coty, visit their website https://www.coty.com/our-story/the-purpose-of-coty.
the personal information that we may have collected about you within the last twelve (12) months broadly falls into the following categories:
when you engage with philosophy either online or in person, we may ask you to provide us with personal information about you. the personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point when we ask you to provide it. we have listed below the categories of personal data we may collect:
|
identifiers |
for example, if you complete a user registration form, register for our rewards program or participate in an online survey, complete a product review; enter a competition and/or contact our customer service department; you may provide your first name, last name, email address, mailing address, telephone number, the brands/products you use and your opinion on those brands/products. when you register for a rewards account, we will also collect information associated with your account such as the date you joined the loyalty program, your current loyalty points balance, your order numbers and the number of points you have redeemed. |
|
personal information categories listed in the California Customer Records provisions |
for example, when you place an order and/or contact our customer service department, you may provide your delivery and billing address, credit card type, credit card number and credit card expiration date. some personal information included in this category may overlap with the category above. |
|
protected classification characteristics under California or federal law |
for example, if you register for our rewards program, you may provide your birthday and gender. |
|
biometric information |
for example, if you enter a competition on the philosophy.com site or via social media when you tag philosophy, you may provide a photograph of yourself. |
|
internet or other electronic network activity information |
for example, when you visit the philosophy.com site, engage with philosophy content or with us digitally, we may collect certain information from your computer, tablet or mobile phone (“Device”) such as your IP address, Device type (i.e. make and model), unique device identification numbers, browser-type and time zone settings. we may also collect information about how your Device has interacted with us including: the pages accessed and links clicked; how you navigate to and from the philosophy.com site (such as how you scroll over the site, which parts you click and how long you spend on each page); your preferences, the products and/or services that you have viewed or searched for; and crashes, download errors and response times. |
|
geolocation data |
for example, when you visit the philosophy.com site, engage with philosophy content or with us digitally, we may collect your broad geographic location (e.g. country or city-level location) from your Device. |
|
inferences |
for example, when you visit the philosophy.com site, inferences may be drawn from any of the personal information indicated above in this table in order to provide you with tailored advertising. this is described in further detail in the section below marked “how does philosophy use my personal information?”. |
from time to time, we may receive personal information about you from third party sources, but only where we have checked that these third parties either have your consent or are otherwise legally permitted or required to disclose your personal information to us. the types of personal information we collect from third parties includes:
|
social media partners |
for example, if you ‘log-in’ to the philosophy.com site using a social medial log in, such as “like” or “share”, that social media site may pass information to us, including: the user ID for that third party site, the name, email address and location associated with the user ID and any other information permitted under the privacy notice for that website. |
|
retailers, distributors and third party brand partners |
for example, where permitted by applicable data protection law and if applicable where you have specifically consented, our retailers, distributors and third party brand partners may pass information to us including your first name, last name, email address, postal address, phone number, gender, browsing patterns, geo-location and device identifiers, click through and other cookie data, demographic information including information about your appearance and information in relation to products purchased at their stores (whether on the high-street or online through their own website or a dedicated microsite) and services requested using their websites and/or applications. |
|
technology partners and market and market research organizations
|
for example, where permitted by applicable data protection law and if applicable where you have specifically consented, our preferred technology partners may share information with us, including your browser patterns, geo-location and device identifiers. |
we will use your personal information for the purposes set out in this Notice, which will include:
during the past 12 months, we may have disclosed the categories of personal information listed in the section marked “what categories of personal information does philosophy collect about me?” to the following categories of recipients:
under California law we are required to tell you if, within the prior 12 months, we “sold” personal information. the definition of “sale” under California law is defined such that it includes where we share the following categories of personal information with certain third parties in order to deliver targeted advertising on our website or other third party websites:
if you have any questions or concerns about how we use your personal information, please contact our Data Protection Team. details for how to contact our Data Protection Team can be found in the section “How do I contact Coty?".
depending on where you live and subject to applicable data protection law, you may also have the following rights:
you can exercise these rights by contacting us using the information provided in the section below marked “how do I contact philosophy?”. we respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. in order to verify your identity and so that we can locate your personal information in our systems, we require you to provide us with a copy of either your passport or driver’s licence when you make a request. in some circumstances, we may require additional documentation to verify your identity such as a utility bill to confirm proof of address and/or a customer reference number relating to your purchase and/or product you used.
you can exercise these rights yourself or designate an agency (such as a lawyer) to make a request on your behalf by executing a notarized power of attorney to enable that person to act on your behalf.
if you have any questions or concerns about how we use your personal information, please do not hesitate to let us know.
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 Notice applies only to the personal 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.
our website may facilitate easy access to certain social networking sites and other websites or services with user-generated content features, such as Facebook, Instagram and Twitter (“Social Sites"). you understand that we do not control such services and are not liable for the manner in which they operate. please review the Social Sites’ privacy policies if you would like more information about how they collect, use and share your personal information, your privacy rights and how to change your privacy settings.
our website may enable you to:
we may use your personal information to identify you on Social Sites and to show you ads that are more relevant for you. the Social Sites will not share your personal information with other parties and will delete the information promptly after the matching process is complete.
our use of your personal information in relation to the Social Sites will be as set out in this Notice or as otherwise notified to you. again, please note that third party sites (including the Social Sites) may be under the control of a third party and we encourage you to familiarize yourself with the privacy policies and terms of use of each third party site.
we will only send you marketing communications if you have agreed to this, or if we are otherwise permitted by law. 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.
please note, whilst we will honor your request to stop receiving marketing communications, we will continue to send you service-related communications such as emails confirming purchases through the philosophy.com site and keep your information for record keeping purposes.
we understand that you care how your personal information is used and/or shared with others, and we value your trust and seek to safeguard your personal information.
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.
we may update or modify this Notice from time to time in response to changing legal, technical or business developments. we will obtain your consent to any material Notice changes if and where this is required by applicable data protection laws. the date of the most recent version of this Notice will appear at the top of the page.
when we update our Notice, we will take appropriate measures to inform you, consistent with the significance of the changes we make. for example, we will notify you of any changes to this Notice by posting a new Notice and updating the “last modified" date at the top of this page or by sending the new Notice to you via email, where appropriate.
we have taken great measures to ensure that your visit to philosophy.com is an excellent one and that your privacy is respected. if you have any questions, comments, or concerns about our privacy practices and/or would like to submit a privacy request, please contact us either:
last updated: september 1, 2016
philosophy inc. (“philosophy”, “us” or “we”) is pleased to provide these terms of use (“Terms”) to govern your use of and interaction with its website philosophy.com, as well as any mobile versions or related mobile applications, any additional websites we may add from time to time, and social media pages and platforms we may operate (collectively, “philosophy.com”). by using philosophy.com regardless of the means of access you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms, including our privacy policy and purchase policies.
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.
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.
philosophy’s privacy policy provides information concerning philosophy’s privacy practices with respect to philosophy.com, which governs your use of and access to philosophy.com.
we attempt to be accurate when describing our products and services on philosophy.com. however, we do not warrant that the product descriptions, colors, sizes, prices, product availability or other product and service descriptions on philosophy.com are accurate, complete, reliable, current, or error-free. if a product or service offered on philosophy.com is not as described, your sole remedy is to return the item per our return policy.
the products and services displayed on philosophy.com can only be ordered and delivered within the United States and Canada. certain products may be available in select U.S. retail locations and certain foreign markets. all prices displayed on philosophy.com are quoted in U.S. dollars and are valid and effective only in the U.S.
all product material and information presented on philosophy.com is solely intended for personal educational and informational purposes.
placement of an order does not constitute acceptance by philosophy; we may require additional information and all orders are subject to product availability. we do not authorize the purchase of our products for resale purposes. we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. to enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
for more information on policies and terms related to purchases placed through philosophy.com (such as our shipping policy, order processing and returns) can be found in our Purchase Policies, which are incorporated by reference in these Terms.
all content available on philosophy.com, including but not limited to text, graphics, logos, button icons, images, video/audio clips, data compilations and software, and the compilation thereof (collectively, the "Content") is the property of philosophy, our parent company, 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, our parent company, 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, non-commercial use of the Content on 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 philosophy; (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 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.
in the access or use of philosophy.com, you shall comply with these Terms 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, if you default negligently or willfully in any of the obligations set forth in these Terms (including our privacy policy), you shall be liable for all the losses and damages that this may cause to philosophy, our parent company, subsidiaries, affiliates, partners or licensors.
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.
you may choose to register an account on philosophy.com if you are over the age of thirteen (13) years old. if you choose to create an account and provide accurate registration information including a valid email address. 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. you agree to immediately notify philosophy of any unauthorized use of your password or account and any other breach of security. philosophy cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
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.
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.
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 reviews, comments, and other content, information or materials (collectively, “submissions”) on or through philosophy.com, provided that the submission:
philosophy is not obligated to, but reserves the right, to monitor, remove or edit submissions in its sole discretion.
subject to our privacy policy, by transmitting or posting any submission, you hereby grant philosophy, its parent company and affiliates 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 worldwide 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 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.
you agree to defend, indemnify and hold philosophy, and its directors, employees, officers, representatives, agents, parent companies, affiliates, joint ventures, and third-party service providers (collectively, the “philosophy parties”) harmless for any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by the philosophy parties arising out of (1) your use of philosophy.com or your breach of any part of these Terms, (2) fraud you commit, or your intentional misconduct or gross negligence, or (3) your violation of any applicable U.S. or foreign law or the rights of a third party. you also agree to indemnify the philosophy parties 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. the applicable philosophy party will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of such philosophy party.
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.
under no circumstances shall any of the philosophy parties 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 philosophy.com and terminate this agreement. these limited remedies shall apply notwithstanding any failure of their essential purpose.
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.
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:
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: DMCA-agent@cotyinc.com
by mail: Philosophy Copyright Agent, Coty Inc., 350 Fifth Avenue, New York, New York 10118.
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.
you acknowledge and agree that these Terms, which include our privacy policy, constitute the complete and exclusive agreement between you and philosophy concerning your use of philosophy.com, and supersede and govern all prior proposals, agreements, or other communications.
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
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.
