Terms & Conditions
- User agreement
- By using:
(a) the Philozopher.com and Philozopher Shopping websites and any of their associated services and functionality; or
(b) the Philozopher.com mobile application or Philozopher.com and shopping.Philozopher.com mobile site,
- This Agreement is formed between you and Philozopher Pty Ltd (referred to in this Agreement as "We", "Us" and "Our").
- Anyone who uses the Website is referred to in this Agreement as "you" and "your".
- If you do not agree to any terms and conditions of this Agreement, you must not use the Website.
- We reserve the right to make changes to this Agreement from time to time at our sole discretion. By continuing to use the Website, you agree to be bound by the changes.
- You must be a registered member to make orders and access some features of the Website.
- When registering and activating your account, you will provide us with personal information such as your name and address, and a valid email address. You must ensure this information is accurate and current.
- By using this site and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
- For promotional purposes we may display the usernames of the last few orders received. For example "Joe Bloggs (20th order) just bought…". When registering and activating your account, we strongly recommend not using your real name as your username if you do not want others to know which goods you have ordered.
- User Representations
- You represent and warrant that:
(a) you are at least eighteen (18) years of age;
(b) you possess the legal right and ability to enter into a legally binding agreement with us; and
(c) you will use the Website in accordance with this Agreement.
- Your Use of the Website
- The only authorised access point to the Website is via www.Philozopher.com, shopping.Philozopher.com, m.Philozopher.com, m.shopping.Philozopher.com, and their associated mobile applications. We will not be responsible in any way for access outside these access points.
- You agree to use the Website only for purposes that are permitted by:
(a) this Agreement;
(b) any applicable law or regulation; and/or
(c) generally accepted practice or guidelines.
- You must not (or attempt to):
(a) access any part of the Website by any means other than through the interface provided by us;
(b) engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website;
(c) use data mining, robots, screen scraping or similar data gathering and extraction tools on the website except with Philozopher's prior written consent.
(d) interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content on the Website; or
(e) use, copy, or distribute content except as permitted by this Agreement, by law or with our prior written consent.
- You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
- You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
- You must not use another member's account without our, and/or the other user’s, express permission.
- If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
- Termination of Services
- We may stop (temporarily or permanently) providing access to the Website to you at our discretion and without prior notice (5.1).
- We may terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details or other content contained in your account (5.2).
- We will not be liable to you or any third party in the event of us taking actions under clauses 5.1 and 5.2.
- Changes to the Website
- We aim to provide a positive experience for you. We reserve the right to change the Website at any time. We do not guarantee that you will be able to access the Website in the same way or with the same equipment or software you used prior to the change.
- Disclaimer and Liability
- We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
- Unless we are not permitted to do so by law (including under the Hong Kong Consumer Law), we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
(a) errors, mistakes or inaccuracies on the Website;
(b) you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website;
(c) personal injury or property damage of any nature resulting from your access to or use of the Website;
(d) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
(e) any interruption or cessation of transmission to or from the Website;
(f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
(g) the quality of any product or service of any linked sites.
- We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party merchants of goods and services.
- Where any law (including the Hong Kong Consumer Law) provides a consumer guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
- Except as required by law (including the Hong Kong Consumer Law), in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
- Some services provided by merchants may be of an inherently risky or dangerous nature or require specific skills or qualifications to be possessed by participants. Prior to booking or partaking of any such services you should inform yourself of the risks and/or specific skills or qualifications involved.
- It shall be your responsibility to make all necessary enquiries and take any action you consider necessary if you require insurance or require the service merchant to be insured or to have insurance coverage that covers you in respect of the provision of their goods and services, prior to proceeding with any booking or services. Philozopher accepts no liability in this regard.
- You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
- Placing Orders
- The promotion of vouchers for goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only. The availability of any vouchers for goods or services promoted on the Website may be subject to Philozopher's receipt of a minimum number of orders for the deal. A required minimum number of orders before vouchers for goods or services promoted on the Website are available may also be determined by third party suppliers/merchants..
- Orders placed by you are offers to purchase either:
- a voucher for particular goods and/or services under the terms and conditions in this Agreement, and any third party supplier/merchant terms and conditions at the price specified (including delivery and other charges); or
- goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
- Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.
- To the extent permitted by law we reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order.
- You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in in this Agreement. Please note that change of mind returns are given at our absolute discretion. As a general rule, we will not change or replace your order where you have made an error.
- In the event that we cancel or are unable to fulfil your order (including because a product has become unavailable or we cease selling the product for any reason whatsoever), we will provide a full refund of any payment received. Except as required by law (including the Hong Kong Consumer Law), we will not be liable to you for any other loss, such as any additional costs associated with you purchasing the product from another retailer at a higher price (including delivery and other charges).
- Price, Payment and Use of Discount/Coupon Codes
- The prices of vouchers, goods, delivery and other charges shown are in Hong Kong dollars and include GST where applicable.
- Prices are current at the time of display but are subject to change.
- All payments must be received in full prior to dispatch of goods or a voucher being issued.
- If your payment is not received or is declined by your bank or credit card issuer, we cannot and will not hold goods or vouchers against your order. In such instances we do not guarantee that the goods or vouchers will be available should you try to order it again.
- A discount/coupon code may only be redeemed once per household for orders. These codes may not be used in conjunction with any other discounts. Only one discount/coupon code may be used per order.
- Vouchers: Use and Redemption of Philozopher
- Your Philozopher voucher for the goods or services shown on your order confirmation will be accessible via your Philozopher account. Your voucher will not be emailed to you and will only be accessible via your Philozopher account.
- We cannot be held liable nor responsible for any loss suffered as a result of a Philozopher voucher not being received by you due to circumstances beyond our reasonable control.
- The service supplied by Philozopher in exchange for your payment is the provision of a voucher. Any Philozopher voucher you purchase shall be redeemable only for the specified goods or services from the relevant merchant of the goods and services and shall only be available for redemption during the period specified on the voucher. The merchant, and not Philozopher, is the seller and supplier of the goods/services to which the voucher relates and is solely responsible for honouring any Philozopher voucher you purchase.
- In relation to goods provided by a third party on redemption of a Philozopher Voucher, you recognise that the third party merchant is the supplier of the goods, and not Philozopher.
- To the extent permitted by law (including the Hong Kong Consumer Law), Philozopher makes no warranty or representation regarding the standard of any goods or services to be supplied by the merchant.
- The Philozopher voucher does not function as a stored-value card and cannot be redeemed incrementally, unless otherwise specified by the Philozopher voucher.
- The Philozopher voucher cannot be exchanged or redeemed for cash.
- The Philozopher voucher cannot be combined with any other Store credits, vouchers or promotions unless otherwise specified by the merchant.
- Neither Philozopher nor the merchant is responsible for lost or stolen vouchers or fraudulent use (by a person other than Philozopher or the merchant) of the voucher’s unique reference number.
- Philozopher vouchers may contain terms and conditions known as the 'Fine Print' that supplement, and are to be read as in addition to, this Agreement. In the event of any inconsistency between the Fine Print and this Agreement, the Fine Print will prevail.
- Philozopher vouchers may be transferred, assigned or gifted to other persons (“Gift Recipient”) and may be redeemed by the Gift Recipient in accordance with this Agreement.
- Vouchers: Availability of Goods and Services and Scheduling
- You agree and acknowledge that:
- where merchants offer services on the basis of 'sessions' or otherwise on a time basis, the advertised duration may be indicative and approximate;
- merchants are under no obligation to give priority to you in respect of the booking or scheduling of services using a Philozopher voucher and you may be required to wait your turn alongside the merchant's other customers. This may necessitate a waiting time in scheduling your booking and/or redeeming your voucher;
- where merchants offer an experience based on an itinerary or schedule of events, the scheduling of or order for those events may vary from time to time;
- the merchants of certain types of experiences may impose conditions such as a minimum age or other restrictions regarding weight, health or other factors. It is your responsibility to confirm details of any restrictions that may apply from the merchant prior to finalising any booking and confirm that you are able to comply;
- photographs appearing on our website to illustrate details of offers of merchants are generally those made available to us by merchants or chosen by us. They are intended to be indicative only of the services, venues and locations at which services are offered by merchants. For example, they may depict only one of various venues and locations at which the services are offered and given your geographic location this may not be the venue or location applicable to you;
- a representation on the website that services will be available over a range of dates does not preclude you from being required to make a booking for the services to which the booking relates. Bookings may not be available on short notice;
- restaurant menus advertised on the website are indicative only and subject to change without notice; and
- where merchants offer a course or series of sessions or treatments (such as beauty treatments and waxing appointments) you agree that these may need to be scheduled at intervals to be determined in consultation with the merchant, in order to maximise the efficacy of the services provided or to minimise risks to health or wellbeing.
- Vouchers: Bookings and Cancellations
- All services promoted on the Website are offered by merchants subject to availability. Some small group or individual “experiences” will require booking in advance. For the redemption of all vouchers, we recommend making bookings as soon as possible once the deal becomes valid. Peak times (such as weekends or holidays) should be booked further in advance. We do not guarantee that services will be available at your preferred date and time.
- Bookings for the redemption of goods and services in exchange for the supply of vouchers are made subject to any merchant policies.
- If you cancel your booking your voucher may be void, or you may incur a cancellation fee payable to the merchant. Unreasonably short notice cancellations may result in the cancellation of your Philozopher voucher if the merchant is unable to fill your space.
- Merchants reserve the right to cancel and reschedule your booking due to unforeseen circumstances. Except as required by law (including the Hong Kong Consumer Law), we will not be held liable for such events and we will not reimburse you for any travelling, accommodation or other expenses incurred by you or any other person.
- Vouchers: Refunds Policy
- The Hong Kong Consumer Law provides certain guarantees to consumers when they purchase goods or services and these guarantees cannot be excluded, restricted or modified. These guarantees include services being rendered with due care and skill, being fit for purpose and being supplied within a reasonable time. The time limit of consumer guarantees in relation to goods varies depending on the price and quality of the goods and may extend beyond any warranty the manufacturer of the goods.
- Our aim is to provide you with a great experience at a significantly discounted price. Our team works hard to seek out these great deals, but we rely heavily on the merchants to deliver the products and services. Although we cannot control the merchants and are not responsible for their actions, we will use reasonable endeavours to try and satisfactorily resolve any dispute you may have with a merchant.
- We may try to resolve your complaint by means other than a refund, such as by organising for the merchant to repair or replace goods, or by extending the voucher's redemption period. If we successfully resolve your complaint a refund will not be issued
- Unless otherwise specified in the voucher Fine Print, all vouchers sold on the Website are sold subject to a specified Validity Period, during which the services shall be supplied within a reasonable time regardless of whether your preferred booking time is available or not.
- Some vouchers are also sold subject to a ‘Book By’ date, which specifies the date by which you must contact the Merchant to secure a booking. If you fail to contact the Merchant within any advertised ‘Book By’ date, your voucher will be void and non-refundable.
- Philozopher vouchers expire on the date indicated on the voucher. The expiry date is referred to as the 'Use by' date on your voucher and in your account.
- Expired vouchers are non-refundable in whole or part. Once expired, Philozopher vouchers are no longer valid and may not be honoured by the merchant. You must ensure you use your Philozopher voucher within the validity period stipulated on the Philozopher voucher.
- We may issue you with a refund or a Store Credit to the value of your purchased Philozopher voucher (at your election) where:
- we have made an error on an advertised deal, including where we have: issued you with an incorrect voucher; withdrawn or cancelled the deal for any reason; mistakenly included an incorrect term, or omitted a key term in the Fine Print; or posted a deal on the Website in error;
- you have reason to believe that a technical error caused, or contributed to, the purchase or multiple purchases of Philozopher vouchers, and where the request for refund is issued through the Philozopher - Contact Us within 5 business days of the date of purchase or such other period as we reasonably determine; or
- the merchant’s business has gone into external administration (including receivership or liquidation), permanently closed, or has temporarily closed for an extended period of time. Store Credit or refunds may not be issued where the merchant has one or more other locations within reasonable proximity that can service the Philozopher voucher.
- In addition, you may also be eligible for a Store Credit or a refund to the value of your purchased Philozopher voucher where,
- the merchant fails to provide the goods or services through fault or circumstances beyond their reasonable control, or the goods or services provided are not as described in ‘The Fine Print’ on the Deal page, (for example by adding additional restrictions or conditions, or by providing alternate goods or services) unless you accept the alternative goods or services in place of the goods or services sold with the voucher;
- you have been unable to redeem your Philozopher voucher, despite making reasonable attempts to do so during the voucher validity period. However you must provide reasonable evidence of your attempt to use your voucher, and your claims will be assessed on a case-by-case basis; or
- we, at our sole discretion, believe your situation warrants a Store Credit or refund.
- We will not issue refunds for vouchers in the following circumstances:
- You have changed your mind;
- You are unable to redeem your voucher due to fault or circumstances of your own beyond the control of either Philozopher or the Merchant.
- you have previously submitted a payment chargeback request to your financial institution that we have accepted.
- Vouchers: Process for Claiming a Refund or Store Credit
- Your request for a refund must be submitted through the Philozopher Contact Us or alternatively as we advise at our discretion.
- Your refund or Store Credit request must, where applicable:
- include the Philozopher voucher number;
- include a detailed description of your experience or issue; and
- be received by us by the last day of the Deal redemption period (except as otherwise specified in this Agreement).
- We may verify the details of your refund or Store Credit request with the provider, and by asking you to provide more information and proof.
- Where we issue a refund, it will be issued via the same payment method that you used to purchase the voucher or otherwise as determined by us.
- Any refund or Store Credit issued to you is not an admission of guilt or liability by Philozopher.
- Where we conclude that a refund or Store Credit request is invalid, we may refuse the request.
- The refusal of a refund or Store Credit does not prevent you from seeking a refund directly from the provider.
- Philozopher Shopping: Supply and Delivery of Goods
- Subject to this Agreement, we will supply the goods shown on your order confirmation.
- We will use our best endeavours to meet stated timeframes for delivery, however many factors (some of which are beyond our control) can affect these timeframes and we cannot guarantee that they will always be met.
- We do not allow personal pick up, irrespective of reasons and/or circumstances of your order.
- Philozopher Shopping: Software and Technology Purchases – Limitation of Liability
- You understand and acknowledge that:
(a) storage media (such as hard drives) can fail without warning and if this occurs, programs, data or other information ("software") stored on the media may be at risk of corruption or irrecoverably lost; and
(b) if you order storage media from us, whether separately or as a part of a larger electronic or computing product, it is your responsibility to guard against loss or damage to software stored on the media and to implement strategies for the safe keeping of software.
- We recommend that you regularly back up software stored on the media.
- In the event that storage media ordered from us becomes faulty, fails or otherwise detrimentally affects software or data stored on it, except as required by law (including the Hong Kong Consumer Law), we will not be liable for any loss or damage to the software or data, however arising.
- You should maintain a backup of all software and data stored on your devices. If you return media (such as a hard disc drive), whether separately or as a part of a larger electronic or computing product, to us for any reason, including replacement or repair, we will not be responsible for any software or data stored on the media. We make no representation that we will be able to repair or replace any product without risk to or loss of the software or data.
- Philozopher Shopping: Title and Risk
- We retain ownership of goods you order until payment is received in full for those goods together with delivery and other charges.
- Risk in the goods you order, such as loss or damage, passes to you upon delivery.
- Philozopher Shopping: Goods Out of Stock
- We reserve the right to notify you that goods for which you placed orders have become unavailable.
- In the event that you order a product from the Website and we later inform you that we no longer stock the product you had originally ordered, we may (at your election) provide you with a substitute for the product of a quality and value equivalent to or greater than the originally ordered product.
- If we are not able to provide you with a substitute for the product, we will (at your election) provide you with store credit or a refund to the value of the product that was not supplied to you including the delivery fee.
- Philozopher Shopping: Change of Mind Returns
- Please order carefully as we do not refund or exchange simply because you changed your mind or you have made an error in finalising your order (such as choosing an incorrect size or colour). We may, at our sole discretion, allow a refund or store credit on a case-by-case basis for such returns, provided that the item in question is:
(a) returned within 28 days of order;
(b) not used or worn (with original tags and/or packaging); and
(c) not damaged in any way.
If we allow a return in these circumstances, we will ask you to follow the returns process outlined in this Agreement.
- If we allow a return in these circumstances, we will provide you with a refund or store credit only when we receive the returned product. Except in circumstances where you have been sent an item that was not what you ordered, return postage is at your expense.
- Change of mind returns are not accepted for intimates, which includes underwear, hosiery, socks, swimwear and adult toys due to hygienic reasons. Remedies for defective goods are still available.
- A $25.00 or 20% (whichever is lower) re-stocking fee will apply to returns accepted under this clause.
- Store credits issued for change of mind returns must be used within 12 months of issue. Store credits may only be used to order from us and are not redeemable for cash.
- Philozopher Shopping: Process for Returns and Refunds
- When returning a product, please contact us via the Contact Us. Once contacted we will:
- Advise you whether your product may be returned; and
- Where required, provide you with instructions for how to best return your product, as well as a Return Authorisation Number.
- We will not accept returns without a Return Authorisation Number.
- Refunds will be issued using the payment method used for purchase. Store credits will be issued to the account used to purchase the goods.
- We aim to process refunds and replacements within 28 days of receipt by us of the original product.
- Replacement of goods, refunds and repairs will not be made until the original product is received by us and your is claim verified.
- Subject to clause 24, we will not refund a purchase or replace a product where in our reasonable opinion the product has following sale to you become of unacceptable quality due to misuse, failure to use in accordance with manufacturer's instructions, using it in an abnormal way or failure to take reasonable care.
- Social Media and Content
- You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such content originated.
- You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law we do not accept liability in this regard.
- As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website via your account and you must not post (or allow) content to be posted through your account that:
- you do not have the right to post;
- is defamatory or in contempt of any legal or other proceedings;
- is misleading or deceptive;
- incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
- denounces religious or political beliefs;
- includes religious or political material which is or is likely to be offensive;
- is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;
- infringes any copyright, trade mark, patent or other intellectual property right of another person;
- contains any unsolicited or unauthorised advertising or promotional material;
- contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or
- impersonates any person or misrepresents your relationship with any person.
- We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
- You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.
- Intellectual Property
- We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
- Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
- You may not:
(a) modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
(b) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
- If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide.
- Transfer and Assignment
- You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:
(a) we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and
(b) we shall be entitled to assign the benefit of any agreements we have with you to the third party.
- We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
- This Agreement will be governed by and interpreted in accordance with the laws of Hong Kong.
- If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
- If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
- Privacy and Personal information