TERMS AND CONDITIONS
The website http://www.philyragifts.com is operated by PHILYRA®. Throughout the website, the terms 'we,' 'us' and 'our' refer to PHILYRA® and these Terms and Conditions (Terms of Service shall apply to all contracts entered into by PHILYRA®.
It is important that you read these Terms and Conditions carefully before accessing, using our website or placing any orders. PHILYRA® offers this Site, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the following terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our 'Service' and agree to be bound by the following terms and conditions ('Terms of Service', 'Terms'), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.Your use of this website constitutes your agreement to these Terms and Conditions; where you do not accept these Terms and Conditions in full, you do not have permission to access the contents of this website and should cease using it immediately. PHILYRA® reserves the right to not fulfil orders placed by non-consumers or by individuals who fail to comply with these terms.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Online store terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use PHILYRA's products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your account and/or access to the site.
General conditions
PHILYRA® reserves the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, completeness and timeliness of information on this site
PHILYRA® works to keep the site up to date but cannot guarantee that this site and its contents are completely free of technical errors, incorrect prices or information or secure from bugs and viruses. You agree that it is your responsibility to monitor changes to the website and you are responsible for your own information technology and security and virus protection software.
By using this site, you acknowledge that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with this site. We are also not liable for any damages associated with use of this website however caused. If you are not satisfied with our site, then please email us with your comments at info@philyragifts.com. However, your only legal recourse is to stop using the Site.
Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. PHILYRA® reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Third-party rights, tools and links
Other than PHILYRA®, any person who is not a party to the contract between you and PHILYRA® is not entitled to enforce any of its terms.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.Any new features or tools which are added to the current store shall also be subject to the Terms of Service.
You acknowledge and agree that we provide access to such tools 'as is' and 'as available' without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Product information,display and compatibility
Please take care when placing your order to ensure that the products you purchase are compatible for the intended use. Please use the PHILYRA® website as your final point of reference when checking compatibility.
We have made every effort to display the appearances,sizes,colours, textures or finishes of our products that appear on the PHILYRA® website as accurately as possible. Images on our website may vary depending on your monitor and computer equipment and we are therefore unable to guarantee that the product images are an accurate representation of the actual merchandise. Some items may appear slightly larger or smaller than their actual size due to screen defaults and photography techniques; other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item. The packaging or products may also vary from that shown in images on the PHILYRA® website.
Product availability
PHILYRA® uses reasonable efforts to ensure the availability of products you order from the PHILYRA® website. However, products are made available to purchase on a 'first come-first served' basis and are only available while stocks last.
In some cases it may be possible to request restock of a certain item (e.g. when you see the 'Notify me when in stock' option while viewing a product listing which has sold out). The ability to restock certain items depends on the availability of materials from our suppliers and for this reason, we reserve the right to permanently discontinue certain products.
We also reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
Prices, handling charges and taxes and shipping
The prices payable for products that you order are set out in our website.They will be the prices in effect at the time your order is placed and will be set out in the order receipt confirmation and in your shipment confirmation. All prices are payable in Great British Pound Sterling (GBP). If you purchase in another currency, currency fluctuations and credit card charges may make a difference to the amount billed on your credit card.
Orders placed in the UK and the EU are inclusive of VAT. All USA and ROW orders are exclusive of UK sales tax (VAT). PHILYRA® cannot be liable for any import and additional local sales taxes imposed at the final destination.
In the event of a pricing error, whether on the PHILYRA® website or in an order receipt confirmation message or otherwise, you accept that PHILYRA® has the right to correct such error and charge the correct price or cancel the order. If the actual price is more than the amount shown on your order receipt confirmation, PHILYRA® will notify you of the correct price and give you the option of proceeding with the order or cancelling it. If we are unable to contact you or if we do not receive a response from you, your order will be cancelled and any amounts paid by you to PHILYRA® for the products will be reimbursed. If you do not want to proceed with your order, the only option in the event of such a pricing error is to cancel your order.
You acknowledge that even after PHILYRA® has sent you the shipment confirmation message, if the pricing error is obvious and could reasonably have been recognised by you as an error, then PHILYRA® will be under no obligation to provide the relevant product(s) to you at the incorrect price.
Prices for the products include VAT and/or other applicable taxes but do not include charges for shipping and handling. Separate charges for delivery and handling (and their related VAT or other taxes) will be clearly displayed on the screen prior to the completion of your order and will be confirmed in your order receipt confirmation.
Prices for products and for shipping and handling are subject to change without notice and we shall not be liable to you or to any third-party for any price amendments. Changes will not normally affect orders in respect of which we have already sent you a shipment confirmation.
Your account
If you create an account (personal user identification or username) on the PHILYRA® website, you are responsible for maintaining the confidentiality of your username and password and for restricting access to your password.
By creating an account, you agree to accept responsibility for all activities and purchases that occur under your account, unless those activities or purchases are carried out by an unauthorised third party who has gained access to your account other than by reason of your negligence or carelessness.
Please tell us immediately if your PHILYRA® account or payment details have been lost or stolen. If we become concerned about the security of your account we may block access and usage.
Accuracy of your account and billing information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our returns policy.
Customer responsibility
PHILYRA® cannot guarantee that the sale and delivery of its products to your particular country or location is permissible. Please be aware of your own geographic import restrictions. This site and its contents will not constitute the basis for any contractual commitment between PHILYRA® and any prospective customer in any jurisdiction in which the solicitation of interest or the offering of or sale of products by PHILYRA® would contravene any applicable local, regional or national legislation. No prospective customer should seek to make any order through the site from jurisdictions in which it would be illegal for PHILYRA® to sell products.
Placing an Order
To be able to buy products on our website you must:
- be legally capable of entering into binding contracts;
- provide your name and address, phone number, email address, payment details and other required information;
- provide an eligible delivery address;
- be the owner or authorised holder of a valid debit/credit card, gift card or Apple Pay/ Google Pay account and
- read and accept these Terms and Conditions
You may place an order by clicking on the 'ADD TO CART' button and proceeding to the checkout page.
At the checkout page you will be provided with an opportunity to review your order(s), read and accept these Terms and Conditions, check the total price of your order(s) and the information you have provided, and correct any input errors before confirming your order(s).
You must check and ensure that your delivery address is correct before placing your order as it may not be possible to change your address before the order is dispatched.
Payment
Payment shall be made by one of the methods you have selected during the checkout process (being VISA, MasterCard,American Express, Maestro, PayPal, Apple Pay or Google Pay).
Approved credit and debit card types are listed at the PHILYRA® website checkout. In the event we do not receive the appropriate authorisation from your card or payment service provider, we reserve the right to reject your order.
Payment for your order, including all applicable taxes, shipping and other charges, will be settled from the applicable card or payment service once PHILYRA® has sent you the shipment confirmation.
Receipt of order, order processing and contract formation
PHILYRA® must receive payment in full for your order before it can be accepted. Once your payment method has been authorised and stock is checked, PHILYRA® will send you an email receipt confirming your order. Please keep this receipt for your records. We reserve the right to refuse to supply to any person for whatever reason.
Once you have submitted your order(s) using the PHILYRA® website, you will be sent an email acknowledging receipt of your order(s) ('order receipt confirmation') and setting out details of the ordered product(s).
PHILYRA® may not always be able to accept your order and may also choose not to accept your order in its sole discretion. For example (without limitation) there may be pricing errors, insufficient stock, unusual orders or orders which PHILYRA® suspects are not placed in good faith. There may also be unexpected events outside of our control meaning we may be unable to fulfil your order.
If your order is not accepted PHILYRA® will inform you via email, and if any payment has already been taken you will be reimbursed in full for any sums paid to PHILYRA® for that order.
After receiving your order(s), PHILYRA® will check that the relevant product(s) is/are in stock. A contract for the sale of products between you and PHILYRA®, which will be governed by these Terms of Service, will only be formed when PHILYRA® emails you confirming that all or part the product(s) is/are still available and has/have been dispatched ('shipment Confirmation').
The contract is formed upon PHILYRA® sending the shipment confirmation to you at the email address provided with your order. Please contact us if you have not received your shipment confirmation within 72 hours of placing your order.
A contract for the sale of products will relate only to those products whose dispatch has been confirmed in the shipment confirmation. PHILYRA® 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 shipment confirmation.
In the order receipt confirmation you will receive a copy of these Terms of Service, however you are encouraged to download, save and/or print a copy of your order receipt confirmation and these Sales Terms for your records.
If you would like to amend or cancel your order before you have received your shipment confirmation, you must contact PHILYRA® as soon as possible using one of the methods set out in the contact us page or as otherwise set out in the order receipt confirmation. It may not be possible to amend or cancel your order, or to prevent dispatch of the Products, due to the speed with which orders are processed. If PHILYRA® is unable to amend or cancel your order and the products are dispatched to you, you have the option of either refusing to accept the delivery, in which case the products will be returned to PHILYRA®, or accepting the delivery and then returning the products to PHILYRA® in accordance with our returns policy.
Once you have received your shipment confirmation, it will be too late to prevent the products from being dispatched to you. If you would like to cancel your order after this point, please refer to our returns policy.
If PHILYRA® cannot deliver your order within the period specified in your shipment confirmation, we will notify you as soon as possible. You may choose to cancel your order, in which case PHILYRA® will provide you with a full refund. If you choose not to cancel your order, we will endeavour to deliver your order within a reasonable period of time.
If you unreasonably defer delivery or delay the receipt of delivery after PHILYRA® has notified you that the carrier has tried to deliver the ordered items to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to PHILYRA®, your order will be cancelled and a full refund will be issued to you.
Title to Products
Ownership of the products will pass to you only when PHILYRA® has received full payment in respect of your order, including all taxes, shipping and other charges. The products will be at your risk from the time of delivery.
Cancellations under the Consumer Contracts Regulations, Returns and Exchanges
To find out more about your legal rights and our Terms in relation to order cancellations and returns, please see our returns policy.
Events outside the control of PHILYRA®
PHILYRA® shall not be held responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission, accident or circumstance beyond its reasonable control, including, but not limited to:
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; strikes or lock-outs (or other industrial action);
- national or local states of emergency;
- interruption or failure of communication or transportation facilities;
- power or utility outages;
- non-performance by suppliers or subcontractors (other than by companies in the same group of companies as PHILYRA®);
- earthquake, fire, explosion, storm, flood, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- the acts, decrees, legislation, regulations or restrictions of any government or authority
In such circumstances, PHILYRA® will notify you and take reasonable steps to minimise any delay. The time for PHILYRA's performance of its obligations is deemed to be extended for the period that any of the above continues. If PHILYRA® is unable to fulfil your order because of any circumstances outside of its control, or if there is a substantial delay to our delivering your order, you may cancel your order and obtain a full refund.
User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Personal information
PHILYRA® believes strongly in protecting user privacy and personal data. Any personal data collected and processed by PHILYRA® is governed by PHILYRA's privacy policy.
Copyright and other rights
The name PHILYRA® and the content of the PHILYRA® website, including all images, illustrations, designs, layout, photographs, written and other text or script that are part of this site, are protected by copyright, trademark, trade dress and/or other intellectual property rights owned, controlled or licensed to PHILYRA®.
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 PHILYRA®. The contents of the site and the site as a whole are intended solely for personal, non-commercial use.
You are expressly prohibited from:
Reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website including without limitation, any images in any format of the products and their descriptions and other material made available on the website; and
Removing, modifying, altering or using any registered or unregistered marks/logos/design owned by PHILYRA®, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of PHILYRA® or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to PHILYRA®.
Other prohibited uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Liability
If the goods we deliver are not what you ordered, or are damaged or defective, or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by email of the problem within seven working days of the delivery of the goods in question. If you notify us of a problem under this condition, our obligation to you will be either:
- To make good any shortage or non-delivery; or
- To replace any goods that are damaged or defective; or
- To refund to you the amount paid for the goods in question in whatever way we choose.
PHILYRA® is only liable for foreseeable loss and damage; save as precluded by law, PHILYRA® will not be liable to you for any indirect or consequential loss, damage or expenses howsoever arising out of any problem you notify us of under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as stated above.
We cannot be held responsible for any delays once the goods have left PHILYRA® and are in possession of the courier or Royal Mail.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any personal injury resulting from our negligence.
Indemnification
You agree to indemnify, defend and hold harmless PHILYRA® and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability and waiver
If PHILYRA® fails, at any time, to insist that you comply with your obligations under these Sales Terms, or if PHILYRA® does not exercise any of its rights under these Sales Terms, this does not constitute a waiver of such rights and does not mean that you are free to ignore your obligations. PHILYRA® can still require you to comply at a later date.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, PHILYRA® also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Entire Agreement
These Terms and Conditions and any policies or operating rules posted on this website represent the entire agreement between PHILYRA® and you and takes precedence over any other previous agreement or representation made to you whether oral or in writing.
You acknowledge that, in entering into a contract with PHILYRA® you have not relied on any representation or promise given by PHILYRA® or anyone else except as set out in these Terms of Service.
Transferring rights and obligations to another person or organisation
These Terms of Service are binding on you and PHILYRA®. They will also be binding on any person or organisation to which PHILYRA® might transfer its rights and obligations to.
You may not transfer or otherwise dispose of your contract with PHILYRA® or any of your rights or obligations arising under it, without PHILYRA's prior written consent.
PHILYRA® may transfer or otherwise dispose of a contract with you, or transfer any of PHILYRA's rights or obligations arising under it, at any time. If you have an outstanding order with PHILYRA® at the time of any such disposal or transfer, you will be contacted if PHILYRA® and you may cancel your outstanding order if you do not want to proceed
Governing Law and Jurisdiction
Your use of this website and any purchase of products from the PHILYRA® shall be governed by and construed in accordance with the laws of England.
Any dispute or claim arising out of or in connection with these Terms of Use or your purchase of products from PHILYRA® (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the English courts. If you are a resident of Northern Ireland, Scotland or Wales you may also bring proceedings in your local courts.
Changes to these Terms and Conditions
PHILYRA® reserves the right, at its sole discretion, to update, change, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Site. It is your responsibility to check this page periodically for changes to these Terms and Conditions. Your continued use of or access to the website following the posting of any changes to the Terms and Conditions or other policies constitutes acceptance of those changes.
Contact information
If you have any questions about these Terms of Service please contact us at info@philyragifts.com
Last updated in 22 Feb 2021.