General Terms

General Terms and Conditions – Glowify Cosmetics

Article 1 – Definitions

In these terms and conditions:

Cooling-off Period: The period during which the consumer may exercise the right of withdrawal.
Consumer: The natural person who is not acting for purposes related to their trade, business, craft, or profession and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Durable Medium: Any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of Withdrawal: The consumer's option to withdraw from the distance contract within the cooling-off period.
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
Distance Contract: A contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.
Means of Distance Communication: Tools that can be used for concluding a contract without the consumer and entrepreneur being together in the same place at the same time.

Article 2 – Identity of the Entrepreneur

Company Name: Glowify Cosmetics
Chamber of Commerce Number: 91019737
Trade Name: Glowify Cosmetics
Customer Service Email: Support@glowifycosmetics.com
Business Address: Fokkerweg 300 1438 AN Oude Meer (No visiting address).

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate how the general terms and conditions can be inspected and that they will be sent free of charge at the consumer's request.

If the distance contract is concluded electronically, the text of these general terms and conditions may be provided electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the entrepreneur will indicate where the general terms and conditions can be accessed electronically and that they will be sent free of charge upon request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them in the event of conflicting conditions.

If any provision of these general terms and conditions is found to be invalid or unenforceable, the remaining provisions will remain in effect, and the invalid or unenforceable provision will be replaced by a valid provision that closely matches the intent of the original.

Situations not covered by these general terms and conditions will be assessed in the spirit of these terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions should be interpreted in the spirit of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur reserves the right to modify and adjust the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This includes:

The price, excluding customs duties and import VAT. These additional costs are the responsibility of the customer. The postal and/or courier service will handle the importation using the special arrangement for postal and courier services applicable when goods are imported into the EU country of destination. The postal and/or courier service will collect the VAT (possibly along with any customs clearance fees) from the recipient of the goods.
Any shipping costs.
The method by which the agreement will be concluded and the actions required for this.
Whether the right of withdrawal applies.
The method of payment, delivery, and execution of the agreement.
The period for accepting the offer or the period within which the entrepreneur guarantees the price.
The rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular base rate for the used communication method.
Whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer.
The way in which the consumer can check and, if desired, correct the information provided under the agreement before concluding the agreement.
Any other languages in which the agreement can be concluded in addition to Dutch.
The codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes electronically.
The minimum duration of the distance contract in the case of a continuous or periodic delivery of products or services.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed this receipt, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it on a durable medium:

The business address of the entrepreneur where the consumer can lodge complaints.
The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
Information about guarantees and existing after-sales services.
The information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement.
The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after the consumer or a representative designated in advance by the consumer and made known to the entrepreneur receives the product.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. The consumer must do so in writing or via email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the delivered goods have been returned on time, for example, by means of proof of shipment.

If the customer has not indicated their intention to exercise the right of withdrawal within the periods specified in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received by the web retailer or conclusive proof of complete return can be provided.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

That have been created by the entrepreneur in accordance with the consumer's specifications.
That are clearly personal in nature.
That cannot be returned due to their nature.
That can spoil or age quickly.
Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.
For individual newspapers and magazines.
For audio and video recordings and computer software whose seal has been broken by the consumer.
For hygienic products whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

Concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period.
Whose delivery has begun with the express consent of the consumer before the cooling-off period has expired.
Concerning betting and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This binding to fluctuations and the fact that any stated prices are target prices will be stated in the offer.