Terms & Conditions
Terms & Conditions
Last updated: May 12, 2020
Welcome to the website ("Site") of Philosophie (“we”, “us”, “our” or “Philosophie”). Please review the following terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms (the "Agreement"). If you do not agree to these Terms, you may not access or use the Site or order, receive, or use the meals , products, or content made available through the Site (collectively, the “Products”).
We reserve the right to change or modify these terms at any time and at our sole discretion. Such changes or modifications will be effective immediately upon notice, which may be posted as a modified agreement on the Site with an updated “Last updated” date, or sent out via email. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the Products.
NUTRITION AND ALLERGY DISCLAIMER AND LIABILITY WAIVER
We want you to be your healthiest, but we’re not doctors. You should always consult your doctor before making any changes to your health regime- or using Philosophie products.
By using Philosophie products or services, you acknowledge that you are doing so at your own risk, and have consulted with your doctor or other health professional about your diet change.
We do not claim our products or services will alleviate, heal or cure any health condition or symptom. The content of this website and any product or service Philosophie offers are not meant to diagnose, treat, prevent or cure any medical condition, and should not be used as a substitute for consulting a doctor or other health professional. Any information that you find on this website, on websites we link to, receive from our employees, suppliers, or agents by phone, email or other communication channel, or obtain through contacts you make through Philosophie should be verified with your doctor. Consult your doctor with any specific health questions or problems you may have. If you think you have a medical emergency or any condition requiring immediate attention, call your doctor or 911 immediately. The statements made by Philosophie on this website and our programs and products have not been evaluated by the Food and Drug Administration.
PRICING AND AVAILABILITY
All prices are shown in U.S dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with our various subscription plans, we will provide you with advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products without prior notice. We strive to provide you with high-quality Products, and due to the perishable nature of certain ingredients and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at firstname.lastname@example.org. Note that gifts with purchase during special programs are available on a first-come, first-serve basis and subject to availability.
PAYMENTS, BILLING AND PROMOTIONS
Payment is due upon purchasing your Philosophie product. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order. If you want to change or update your payment method information, you can do so at any time by logging into your account. If a payment is not successfully settled and you do not edit your payment method information, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to subscriptions, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
PROMOTIONS, REFERRALS, AND DISCOUNTS
If you are using a promotion or a discount code, please enter it at checkout to receive an immediate discount. Only one promotion or discount code may be used per order. Promotion or discount codes may be used on already discounted products, however we reserve the right to cease this practice at any time without notice. Holiday and other special promotions may, at the option of Philosophie, carry specific terms and conditions, and we reserve the right to create, amend, and enforce said terms, conditions, and restrictions.
SHIPPING, HANDLING, AND DELIVERY
You agree to pay any shipping, handling, and delivery charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate these charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping and delivery are handled by a third party courier.
Philosophie is not responsible for failed deliveries due to incorrect or incomplete addresses.
Once the delivery has been made based on your specifications, we are no longer responsible for any damage or delay on part of other persons, circumstances, or for the security of its contents. You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. If you think the contents are not suitable for consumption or have been tampered with, please let us know as soon as possible so we can find a more suitable arrangement for the next delivery.
Philosophie is not responsible for damage or loss of personal property during deliveries if evidence of misconduct cannot be provided.
RETURNS, REPLACEMENTS, REFUNDS, AND CREDITS
All sales are final. If a product arrives damaged or you have concerns, please contact our team immediately at email@example.com so we can try to fix the issue. We do our best to ensure a flawless experience, and depending on the circumstances, we may, in our sole discretion, replace the products, provide you with a full or partial refund for the purchase price of the products, or provide you with a credit for that product. If issued, a refund may take 3-5 business days to show up, depending on which bank you use.
Refunds will not be issued for delays that are the result of factors outside Philosophie’s control, including but not limited to weather, traffic, and unexpected events as they relate to our delivery partners. If for any reason we have to cancel your delivery, you will be notified by email.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT PHILOSOPHIE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE AND OUR SERVICES.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD PHILOSOPHIE, ITS EMPLOYEES, OFFICERS, BOARD OF DIRECTORS, CONSULTANTS, AGENTS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING COSTS AND ATTORNEY’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE SITE AND OUR SERVICES.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are protected by copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed to Philosophie, collectively, its subsidiaries and/or affiliates. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Philosophie. Philosophie may prosecute infringement to the full extent permitted under applicable law.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Philosophie on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Philosophie’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Philosophie of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Philosophie will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Philosophie is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain, in the sole opinion of Philosophie or its representatives, libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree that Philosophie may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Philosophie may use your information for marketing and promotional purposes.
Philosophie COMMUNICATIONS TO YOU
You agree that Philosophie may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any Philosophie products or services, or for such other purpose(s) as Philosophie deems appropriate. You have the option to opt-out of marketing communications.
The images and colors displayed on the Site do not necessarily represent or depict actual food offered by Philosophie.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which Philosophie does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Philosophie is not responsible and shall not be held liable for the use of any such content.
From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
This Agreement is effective unless and until terminated by either you or Philosophie. Philosophie may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Philosophie’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Philosophie, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.