Terms and conditions
Definitions
1. Glowlie, Glowlie located in Rotterdam, registered under Chamber of Commerce no. 97182001.
2. Customer: the person with whom Glowlie has entered into an agreement.
3. Parties: Glowlie and the customer together.
4. Consumer: a customer who is also an individual and acts as a private person.
Article 1 - Applicability of general terms and conditions
1. These terms and conditions apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Glowlie.
2. Parties can only deviate from these terms and conditions if they have explicitly agreed to do so in writing.
3. Parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.
Article 4 - Prices
1. All prices used by Glowlie are in euros, include VAT, and exclude any other costs such as administration costs, levies, and travel, shipping, or transport costs, unless expressly stated otherwise or otherwise agreed.
2. All prices that Glowlie uses for its products, on its website, or that have been made known otherwise, can be changed by Glowlie at any time.
3. Increases in the cost prices of products or parts thereof, which Glowlie could not foresee at the time of making the offer or entering into the agreement, may give rise to price increases.
4. The consumer has the right to dissolve an agreement due to a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
Article 5 - Samples and models
If the customer has received a sample or model of a product, they cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products to be delivered correspond to the sample or model.
Article 6 and 7 - Payments and payment term
1. Glowlie may, upon entering into the agreement, request a down payment of up to 50% of the agreed amount.
2. The customer must have paid post-delivery payments within 1 month after delivery.
3. Payment terms are considered strict deadlines. This means that if the customer has not paid the agreed amount by the last day of the payment term, they are legally in default without Glowlie having to send a reminder or issue a notice of default.
4. Glowlie reserves the right to make a delivery dependent on immediate payment or to demand a security for the total amount of the services or products.
Article 8 - Consequences of late payment
1. If the customer does not pay within the agreed term, Glowlie is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted as a whole month.
2. When the customer is in default, they are also liable for extrajudicial collection costs and any compensation to Glowlie.
3. The collection costs are calculated based on the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, Glowlie may suspend its obligations until the customer has fulfilled their payment obligation.
5. In the event of liquidation, bankruptcy, attachment, or suspension of payment on the part of the customer, Glowlie's claims against the customer are immediately due and payable.
6. If the customer refuses to cooperate in the execution of the agreement by Glowlie, they are still obliged to pay the agreed price to Glowlie.
Article 9 - Right of complaint
1. As soon as the customer is in default, Glowlie is entitled to invoke the right of complaint regarding the unpaid products delivered to the customer.
2. Glowlie invokes the right of complaint by means of a written or electronic communication.
3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Glowlie, unless the parties make other arrangements about this.
4. The costs for retrieving or returning the products are for the account of the customer.
Article 13 - Right of withdrawal
1. A consumer can dissolve an online purchase during a cooling-off period of 14 days without giving reasons, provided that:
- the product has not been used
- it is not a product that can spoil quickly, such as food or flowers
- it is not a product that has been specially tailored or adapted for the consumer
- it is not a product that cannot be returned for hygienic reasons (single blade razor, underwear, swimwear, shaving soap, etc.)
- the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
- the product or service does not concern accommodation, travel, catering, transport, catering assignment or a form of leisure activity
- the product is not a loose magazine or loose newspaper
- the consumer has not waived their right of withdrawal
2. The cooling-off period of 14 days mentioned in paragraph 1 commences:
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer has confirmed that they will take digital content via the internet
3. The consumer can make their appeal to the right of withdrawal known via info@getglowlie.com. The consumer is obliged to return the product to Glowlie within 14 days after making their right of withdrawal known, failing which their right of withdrawal lapses.
Article 15 - Reimbursement of delivery costs
1. If the consumer has timely exercised their right of withdrawal and has consequently timely returned the entire order to Glowlie, Glowlie will refund any shipping costs paid by the consumer within 14 days of receiving the timely and completely returned order to the consumer.
2. The costs for delivery are only for the account of Glowlie insofar as the entire order is returned.
Article 16 - Reimbursement of return costs
If the consumer invokes their right of withdrawal and timely returns the entire order, the costs for returning the entire order are for the account of the consumer.
Article 18 - Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Article 19 - Right of retention
1. Glowlie can invoke its right of retention and in that case keep products of the customer until the customer has paid all outstanding invoices to Glowlie, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Glowlie.
3. Glowlie is never liable for any damage that the customer may suffer as a result of invoking its right of retention.
Article 20 - Set-off
Unless the customer is a consumer, the customer waives their right to set off a debt to Glowlie against a claim on Glowlie.
Article 21 - Retention of title
1. Glowlie remains the owner of all delivered products until the customer has fully fulfilled all their payment obligations to Glowlie based on any agreement with Glowlie, including claims regarding failure to perform.
2. Until that time, Glowlie can invoke its retention of title and take back the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate, or otherwise encumber the products.
4. If Glowlie invokes its retention of title, the agreement is considered dissolved, and Glowlie has the right to claim compensation, lost profit, and interest.
Article 22 - Delivery
1. Delivery takes place as long as stocks last.
2. Delivery takes place at Glowlie, unless the parties have agreed otherwise.
3. Delivery of online ordered products takes place at the address specified by the customer.
4. If the agreed amounts are not paid or not paid on time, Glowlie has the right to suspend its obligations until the agreed part has still been paid.
5. In case of late payment, there is a default on the part of the creditor, with the result that the customer cannot object to Glowlie for a delayed delivery.
Article 23 - Delivery time
1. The delivery times stated by Glowlie are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have explicitly agreed otherwise in writing.
2. The delivery time starts from the moment the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation from Glowlie.
3. Exceeding the stated delivery time does not entitle the customer to compensation, nor to dissolve the agreement, unless Glowlie cannot deliver within 14 days after being reminded in writing or the parties have agreed otherwise.
Article 24 - Actual delivery
The customer must ensure that the actual delivery of the products they have ordered can take place on time.
Article 25 - Transport costs
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Article 26 - Packaging and shipment
1. If the packaging of a delivered product is opened or damaged, the customer must, before accepting the product, have a note made thereof by the carrier or deliverer, failing which Glowlie cannot be held liable for any damage.
2. If the customer arranges for the transport of a product themselves, they must report any visible damage to products or packaging to Glowlie prior to transport, failing which Glowlie cannot be held liable for any damage.
Article 29 - Storage
1. If the customer takes ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
2. Any extra costs resulting from premature or delayed acceptance of products are entirely for the account of the customer.
Article 31 - Warranty
1. The warranty with regard to products applies exclusively to defects caused by faulty manufacturing, construction, or material.
2. The warranty does not apply in case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence, or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage, or theft of the products that are the subject of an agreement between parties passes to the customer at the moment they are legally and/or factually delivered, or at least come into the power of the customer or of a third party who receives the product on behalf of the customer.
Article 42 - Indemnification
The customer indemnifies Glowlie against all claims from third parties related to the products and/or services delivered by Glowlie.
Article 43 - Complaints
1. The customer must examine a product delivered or service provided by Glowlie for any shortcomings as soon as possible.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must notify Glowlie of this as soon as possible, but in any case within 1 month after discovering the shortcomings.
3. Consumers must notify Glowlie of any shortcomings within 2 months of discovering them.
4. The customer must provide as detailed a description as possible of the shortcoming, so that Glowlie is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this cannot in any case lead to Glowlie being obliged to perform other work than that agreed upon.
Article 44 - Notice of default
1. The customer must notify Glowlie of notices of default in writing.
2. It is the customer's responsibility that a notice of default actually reaches Glowlie (in time).
Article 45 - Joint and several liability of the customer
If Glowlie enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts they owe to Glowlie under that agreement.
Article 46 - Liability of Glowlie
1. Glowlie is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
2. If Glowlie is liable for any damage, it is only liable for direct damage resulting from or related to the execution of an agreement.
3. Glowlie is never liable for indirect damage, such as consequential damage, lost profit, missed savings, or damage to third parties.
4. If Glowlie is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance, and in the absence of (full) payment of the damage amount by an insurance company, the liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and only apply approximately and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Article 47 - Lapse period
Any right of the customer to compensation from Glowlie expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Civil Code.
Article 48 - Right of dissolution
1. The customer has the right to dissolve the agreement if Glowlie demonstrably fails to fulfill its obligations, unless this shortcoming, given its special nature or minor significance, does not justify the dissolution.
2. If the fulfillment of the obligations by Glowlie is not permanently or temporarily impossible, dissolution can only take place after Glowlie is in default.
3. Glowlie has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill their obligations under the agreement, or if Glowlie has taken cognizance of circumstances that give it good reason to fear that the customer will not be able to properly fulfill their obligations.
Article 49 - Force majeure
1. In addition to the provisions of Article 6:75 of the Civil Code, a shortcoming of Glowlie in the fulfillment of any obligation towards the customer cannot be attributed to Glowlie in a situation independent of Glowlie's will, whereby the fulfillment of its obligations towards the customer is wholly or partially prevented or whereby the fulfillment of its obligations cannot reasonably be expected from Glowlie.
2. The force majeure situation mentioned in paragraph 1 also includes - but is not limited to -: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverers, or other third parties; unexpected power, electricity, internet, computer, and telecommunication failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions, and work stoppages.
3. If a force majeure situation arises, Glowlie cannot fulfill 1 or more obligations to the customer, then those obligations will be suspended until Glowlie can meet them again.
4. From the moment a force majeure situation has lasted for at least 30 calendar days, both parties may dissolve the agreement in writing, either wholly or partially.
5. Glowlie is not liable for any (damage) compensation in a force majeure situation, even if it benefits from the force majeure situation.
Article 50 - Amendment of the agreement
1. If, after concluding the agreement, it proves necessary for its execution to amend or supplement its content, the parties will timely and in mutual consultation adjust the agreement accordingly.
2. The preceding paragraph does not apply to products purchased in a physical store.
Article 51 - Amendment of general terms and conditions
1. Glowlie is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be implemented at any time.
3. Glowlie will discuss major substantive changes with the customer as much as possible in advance.
4. Consumers are entitled to cancel the agreement in the event of a material change to the general terms and conditions.
Article 52 - Transfer of rights
1. The client's rights arising from an agreement between parties cannot be transferred to third parties without the prior written consent of Glowlie.
2. This provision serves as a clause with proprietary effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.
Article 53 - Consequences of nullity or voidability
1. If one or more provisions of these general terms and conditions prove to be null or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null or voidable will in that case be replaced by a provision that comes as close as possible to what Glowlie intended when drafting the terms and conditions on that point.
Article 53 - Applicable law and competent court
1. Every agreement between parties is exclusively governed by Dutch law.
2. The Dutch court in the district where Glowlie is established / operates / has its office has exclusive jurisdiction to hear any disputes between parties, unless the law imperatively dictates otherwise.
Drafted on 11-12-2025