Terms and Conditions
Product Sales and Availability
Advertising and Links
Disclaimers and Exclusions of Liability
PHILOSOPHY ONLINE SHOPPING SITE TERMS
On Line Registration
Confirmation of Orders
Risk and Ownership
Your use of this site indicates your acceptance of these terms and your agreement to follow and be bound by them. Do not use the site if you do not agree to be bound by these terms. We may periodically change the terms, without notice, so kindly check them from time to time as your continued use of the site signifies your acceptance of any changed terms.
Welcome and thank you for using the Philosophy site ("http://www.philosophyonline.co.za"). The site is owned by Maximillian t/a/ Philosophy (Pty) Ltd of. The site incorporates the Philosophy online shopping site ("the Philosophy Online Shopping Site") and, save where the context otherwise indicates, references to "http://www.philosophyonline.co.za" are deemed to include the Philosophy Online Shopping Site.
The site is hosted and managed in the Republic of South Africa and promotes the sale of Philosophy products ("the Products"). Purchases made from the site are subject to the terms and conditions of this Agreement, to the exclusion of all other terms. By shopping or browsing on this site, you acknowledge that you have read, understood and agreed to be bound by this Agreement, and the other policies displayed on this site.
Certain of the terms are applicable to the Philosophy Online Shopping Site only ("the Philosophy Online Shopping Site Terms").
While we make reasonable efforts to provide accurate and timely information about Philosophy(Pty)Ltd you should not assume that the information provided is always current or that this site contains all the relevant information available.
All products displayed on this site are subject to availability and will be delivered only within the Republic of South Africa . All prices displayed on the site are quoted in South African Rands and are valid and effective only in the Republic of South Africa . Philosophy reserve the right without prior notice to discontinue or change specifications on products and services offered on this site without incurring any obligations.
We have made every effort to display as accurately as possible the colours of the products that appear on the site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
Your privacy is very important to Philosophy and therefore any information that you provide to us is stored on a secure server. Our secure server encrypts your identity number and Payment Card details so as to minimise the risk of unauthorised disclosure or interception. The site makes use of "cookies" to minimalise the possibility of unauthorised access to and disclosure of your personal information. Philosophy may use your information to contact you about promotions and special offers. You are entitled, at any stage, to opt out of this service.
Philosophy do not sell or rent personal information about individual members (such as name, address, email address, telephone or fax number) to third parties. We do however reserve the right to disclose information regarding our members and usage of the site to each other and, amongst others, business partners and affiliates, including, but not limited to, Philosophy, its advertisers, suppliers and other selected third parties. Philosophy may disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.
Philosophy retains all copyright in all material, including logos and other graphics, which form part of the site. All data and information communicated to or from the site and/or any site information and database remains and shall be the sole property of the relevant Philosophy Company.
Philosophy grants you permission to view, electronically copy and print in hard copy portions of the site for the sole purpose of browsing the site and placing an order with Philosophy, for your personal use only.
Any other use of materials on the site, including a reproduction for purposes other than those noted above, modification, distribution or reproduction, without the prior written consent of the relevant Philosophy Company and the lawful trademark and/or copyright owner (if applicable) is strictly prohibited and constitutes an unlawful infringement of the intellectual property rights of the relevant Philosophy Company and/or such trademark and/or copyright owner.
"Philosophy", the Philosophy logo and all other marks, logos and trade names appearing on this site are trade marks of the relevant Philosophy Company or their licensees in the Republic of South Africa. Nothing contained on this site should be construed as granting, by implication or otherwise, any license or right to use any of the trademarks displayed on this site without the express prior written consent of the relevant Philosophy Company. Your use of any of the trademarks displayed on the site or in any of its contents, is strictly prohibited. You may not copy, reproduce, publish, upload, post, transmit, distribute or modify any of the trademarks appearing on this site. You further undertake not to infringe any right of Philosophy in respect of such trademarks. For the purpose hereof, the use of the trademarks on any other web site or networked computer environment is prohibited. All rights not expressly granted are reserved.
External hyperlinks may be provided on the site. You shall not interpret such hyperlinking as constituting any relationship between Philosophy and any linked third party or any endorsement by Philosophy of such third party and use of or reliance on any external links provided is at your own risk.
You expressly agree that use of the site or the Internet is entirely at your own risk. The site and its contents are provided on an "as is" and "as available" basis and Philosophy make no representations or warranties of any kind, whether express or implied, including without limitation with respect to the site, its contents, the accuracy thereof, or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of products and/or delivery arrangements and times.
Philosophy disclaims all representations and warranties, including but not limited to warranties as to the availability, accuracy or content of information, products or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services.
Philosophy do not warrant that the functions provided by the site will be uninterrupted or error free, or that the site or the server that makes it available are free from viruses or other harmful components. Save as expressly set out herein, Philosophy shall under no circumstances whatsoever be liable to you, including without limitation, as a result of or in connection with Philosophy' negligent (including grossly negligent) acts or omissions or those of their employees, agents or designees or other persons for whom in law they may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), sustained by you, the recipient of the Products or services, or any other person arising from or as a result of any sale concluded in terms of this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery, the use, possession or consumption of the products or services.
Philosophy, their directors, employers, designees, agents, representatives, affiliates and suppliers shall not be liable for any loss, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon the site (including any information contained thereon) or the Internet. You will indemnify Philosophy and keep them fully indemnified from and against any loss or damage suffered or liability incurred, including without limitation in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the site and/or in terms of this Agreement and/or in relation to receipt of Products or services supplied by Philosophy pursuant to any such order.
Notwithstanding any other provisions contained herein, Philosophy' liability whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time more than double the monetary value of the order in respect of which any such dispute or claim arises.
The content contained on the site may be used by you for your own personal, non-commercial shopping and information purposes only. In using the site you agree not to infect it with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information on the site and you shall indemnify Philosophy for any damage caused by any such act attributable to you. Philosophy may suspend the site or any part thereof or terminate your account at any time if Philosophy should determine that you are not using the site in compliance with this agreement or if Philosophy believe the information provided by you is untrue, inaccurate or incomplete.
In any provision of this Agreement is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining terms.
This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof.
Any indulgence of extension of time granted by any Philosophy Company to you shall not be construed as a waiver or variation of any of our rights or remedies.
At the option of Philosophy, any dispute arising out of the Agreement may be brought in any Magistrates' Court of competent jurisdiction notwithstanding that the amount in issue may exceed the jurisdiction of such court.
This Agreement is governed by the laws of the Republic of South Africa .
To purchase from the Philosophy Online Shopping Site you must first register by visiting Register and completing the registration section. Registration and/or use of the Philosophy Online Shopping Site constitutes acceptance of this Agreement, including the Philosophy Online Shopping Site Terms, by you.
The Philosophy Online Shopping Site Terms shall apply as between Philosophy and yourself. Philosophy reserves the right to amend the Philosophy Online Shopping Site Terms from time to time and any such amendments shall be deemed to apply as between yourself and Philosophy. Any such amendments will take effect immediately on posting of the amended Philosophy Online Shopping Site Terms on the site.
To make purchases on the Philosophy Online Shopping Site you must be over the age of 18 (eighteen) and be the holder of a valid Philosophy card, South African MasterCard, Visa, American Express or Diners Club card ("Payment Card"). All Philosophy card purchases shall be subject to the Philosophy' standard terms and conditions of sale and granting of credit, as applicable from time to time.
Registration on the Philosophy Online Shopping Site is conditional on your specified delivery address being within certain specified areas. To find out whether Philosophy delivers to a delivery address in your area, go to "Check for your suburb". If your delivery address does not fall within an area in which Philosophy delivers, your registration will not be confirmed.
Should you change your delivery address to an address, which does not fall within an area to which Philosophy delivers, your order will not be accepted.
To register you will be required to provide certain information including personal details, Payment Card details and your delivery address. When registering you will be required to choose a UserID and a Password. Please keep your Password secret. Philosophy accepts no liability for any damages suffered or losses incurred from the use or misuse of your Password.
You will be required to enter your UserID and Password each time you visit the Philosophy Online Shopping Site.
To amend any registration particulars please visit Your Details and affect the amendments.
Philosophy will endeavour to ensure that your personal information and/or credit card details are protected as they travel over the Internet. However, there is no 100% secure transmission of data on the Internet given the current state of Internet technology. Therefore Philosophy cannot guarantee the absolute security of any information you transmit to us or which Philosophy transmits to you.
You will be charged the prices as they are reflected on the Products in store at the point of sale, subject to availability.
Certain of the Products are variable/random mass items. Whilst the average mass of the Product is indicated on the Philosophy Online Shopping Site as an estimation of the cost, the actual Product delivered to you may weigh slightly more or less than the average mass indicated. You will pay the amount due in respect of the specific Product delivered to you.
The prices include Value-Added Tax.
Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.
A delivery fee will be charged for each order placed by you. Please visit Frequently Asked Questions (FAQ's) to view the delivery fee applicable.
Philosophy shall be authorised to debit the aggregate amount payable for the Products ordered against the authorised Payment Card supplied by you when completing your order. Philosophy shall be entitled to debit your Payment Card on acceptance of your order and prior to delivery.
By submitting your order, Identity Number and Payment Card details you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the Payment Card and that there are sufficient funds available to pay for the order.
Philosophy cannot always guarantee availability of stock and will endeavour to deliver a substitute line where possible.
If we are unable to supply each and every item ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items correctly delivered.
Orders placed on the Philosophy Online Shopping Site constitute your offer to purchase subject to this Agreement. Your offer is deemed to have been accepted by Philosophy when the picker at the relevant Philosophy store passes the Products through the till unless otherwise notified. Failure by Philosophy to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.
Philosophy delivers from Monday to Friday, 10 a.m. till 7 p.m.; and Saturday from 10 a.m. till 5 p.m. Philosophy does not deliver on Good Friday, the 25th of December or the 1st January. Deliveries are effected on the day following the placement of your order on the Philosophy Online Shopping Site unless you have chosen to receive delivery at a later date.
On delivery of the order to the specified delivery address, you will receive a Philosophy delivery note showing the items delivered, any substitute items, any non-available items, the delivery fees, Value-Added Tax and the amount to be or which has been debited from your Payment Card.
For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification.
Any person other than yourself who receives the Products at the delivery address is conclusively presumed to be authorised to accept delivery on your behalf.
Should no-one be in attendance at the time of delivery, the driver will retain the Products and a notice will be left at the delivery address to this effect. Our representative will attempt to contact you to make new arrangements for delivery or collection.
Philosophy reserves the right to charge an additional delivery fee should it be required to make a further delivery or collection if no one is at the delivery address to receive the Products or hand over the returned Products, as the case may be.
Philosophy' liability for failing to deliver the Products on the day following the placement of your order on the Philosophy Online Shopping Site, or on the day indicated by you where you have chosen to receive delivery at a later date, or at all, is limited to the Products being delivered at a later agreed time at no additional charge.
You are required to ensure that you or an authorised person shall be in attendance at the delivery address and that appropriate access will be made available.
On delivery, the person accepting delivery shall be required to sign and print his/her name as against a duplicate copy of the delivery note, to confirm receipt of the delivery.
Philosophy has outsourced all delivery and collection arrangements. Accordingly, Philosophy shall not be liable for any damage suffered or loss incurred by reason of any acts or omissions of the deliverer, its directors, employees, sub-contractors, agents, representatives and/or affiliates.
If you are for any reason dissatisfied with an item purchased through the Philosophy Online Shopping Site you may return it to any Philosophy store within a specified delivery area or alternatively request that it be collected by Philosophy. For further details please see the Returns Policy under Our Policies or call us on +27 21 7125659.
If for any reason you would like to cancel an order this may be done by visiting Your Orders on the Philosophy Online Shopping Site or by contacting our Customer Services Centre on +27 21 7125659. You will only be able to cancel orders up to 24h00 on the day prior to the date of delivery.
Philosophy shall be entitled to debit your Payment Card for the Delivery Fees in respect of any late cancellations.
If you cancel your payment for any reason or if your Payment Card should cease to be valid for whatever reason, you will nevertheless be bound to pay to Philosophy the full purchase price, including all costs incurred by Philosophy relating to the recovery thereof.
Without prejudice to any other rights or remedies in law, Philosophy shall be entitled to cancel forthwith any sale and/or your registration if you should breach any of your obligations.
Risk in the Products shall pass to you upon delivery at the delivery address or to the person accepting delivery on your behalf, if for instance you should not be available to take delivery at the delivery address. Until payment is received in full for any goods sold, ownership in the Products shall remain with Philosophy and such Products shall be returned and/or surrendered to Philosophy following receipt of a default notice from Philosophy.