Article 1 – Definitions
In these terms and conditions:
- Withdrawal period: the period within which the consumer can exercise the right of withdrawal;
- Consumer: a natural person who is not acting for purposes of their trade, business or profession and who enters into a distance contract with the trader;
- Day: calendar day;
- Continuing transaction: a distance contract for a series of products and/or services where the obligation to deliver and/or purchase is spread over time;
- Durable medium: any means that allows the consumer or trader to store information addressed to them personally in a way that allows future reference and unchanged reproduction of the stored information;
- Right of withdrawal: the consumer's option to withdraw from the distance contract within the withdrawal period;
- Trader: the natural or legal person who offers products and/or services to consumers at a distance (operator of Glowdeer);
- Distance contract: a contract concluded within an organised system for distance selling, using only one or more means of distance communication up to and including the conclusion of the contract;
- Means of distance communication: a means that can be used to conclude a contract without the consumer and trader being in the same place at the same time;
- Terms and conditions: these general terms and conditions of the trader.
Article 2 – Identity of the trader
Store name: Glowdeer
Customer service: via our contact form.
Article 3 – Applicability
These terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, the consumer is told before the contract is concluded that the terms can be viewed at the trader and will be sent free of charge as soon as possible on request.
If the distance contract is concluded electronically, the terms and conditions may, notwithstanding the previous paragraph, be made available electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the consumer is told before the contract is concluded where the terms can be viewed electronically and that they will be sent free of charge on request.
If specific product or service conditions apply in addition to these terms, the second and third paragraphs apply accordingly, and in the event of conflicting conditions the consumer may always rely on the provision that is most favourable to them.
If one or more provisions of these terms are wholly or partly invalid or annulled, the contract and the remaining provisions remain in force, and the provision concerned will be replaced without delay, by mutual agreement, by a provision that comes as close as possible to the original intent.
Situations not covered by these terms are assessed "in the spirit" of these terms. Ambiguities about the interpretation or content of individual provisions are also interpreted "in the spirit" of these terms.
Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this is stated explicitly in the offer.
The offer is without obligation. The trader is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered, detailed enough to allow the consumer to make a proper assessment. Where the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.
The trader cannot guarantee that the colours shown exactly match the real colours of the products.
Each offer contains information that makes clear to the consumer which rights and obligations are attached to accepting the offer, in particular: the price (excluding any customs clearance fees and import VAT, which are borne by the customer), shipping costs, how the contract is concluded, whether the right of withdrawal applies, the method of payment, delivery and performance, the period for accepting the offer, the level of the rate for distance communication where applicable, whether the contract is archived, how the consumer can check and correct the data they provided, any other languages in which the contract can be concluded, applicable codes of conduct, and the minimum duration of continuing transactions. Optionally: available sizes, colours and materials.
Article 5 – The contract
Subject to Article 4, the contract is concluded when the consumer accepts the offer and meets the conditions set.
If the consumer accepts the offer electronically, the trader confirms receipt of the acceptance without delay. Until this confirmation has been sent, the consumer may cancel the contract.
If the contract is concluded electronically, the trader takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a safe web environment. Where the consumer can pay electronically, the trader takes appropriate security measures.
Within the legal framework, the trader may check whether the consumer can meet their payment obligations. If the trader has good reasons on this basis, it may refuse an order or attach special conditions to it.
The trader provides the consumer, in writing or on a durable medium, with: the contact details for complaints, the conditions and procedure for exercising the right of withdrawal, information on warranties and after-sales service, the information in Article 4 (if not already provided), and the requirements for terminating the contract if it lasts longer than one year or is open-ended.
Every contract is entered into on the condition that sufficient products are available.
Article 6 – Right of withdrawal
The consumer can withdraw from the contract within 14 days of receiving the product without giving any reason. The period starts on the day after the product is received by the consumer or a representative appointed by the consumer.
During this period the consumer handles the product and its packaging with care and only unpacks or uses it as far as necessary to assess it. If the consumer exercises the right of withdrawal, the product is returned with all accessories and, if possible, in its original packaging.
The withdrawal must be notified within 14 days of receipt, in writing or by email, for example using our withdrawal form. The product must be sent back within 14 days of that notice, and the consumer must be able to prove that it was sent.
Article 7 – Costs in the event of withdrawal
The cost of returning the product is borne by the consumer. Amounts already paid are refunded within 14 days of receipt of the returned product or proof that it has been returned in full, using the same payment method the consumer used.
Article 8 – Exclusion of the right of withdrawal
The trader may exclude the right of withdrawal for products made to personal specifications, perishable goods, sealed hygiene products that were unsealed after delivery, sealed software and audio/video recordings, and certain services, provided this was clearly stated in the offer.
Article 9 – Price
Prices are binding during the validity period stated in the offer, except for changes resulting from statutory tax rules. Prices are shown in the currency selected in the store; any applicable taxes, shipping costs and discounts are shown at checkout before you place your order.
Article 10 – Conformity and warranty
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and usability, and the legal provisions in force on the date the contract was concluded. Statutory warranty rights are not affected. Defects should be reported to the trader within 14 days of delivery.
Article 11 – Delivery and performance
The trader takes the greatest possible care when receiving and carrying out orders. The place of delivery is the address the consumer gives to the trader. Orders are delivered as quickly as possible and at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed or an order can only be partly fulfilled, the consumer is informed within 30 days and may then cancel the contract free of charge. In that case any payment is refunded within 14 days. The trader may offer a replacement product; the right of withdrawal still applies. The risk of damage to or loss of products remains with the trader until the moment of delivery to the consumer.
Article 12 – Continuing transactions: duration, termination and renewal
The consumer can terminate a contract entered into for an indefinite period for the regular delivery of products or services at any time, observing the agreed termination rules and a notice period of no more than one month. A fixed-term contract for regular deliveries can be terminated at any time towards the end of the fixed term with a notice period of no more than one month. Such contracts can always be terminated at any time, in at least the same way as they were concluded, and with no longer notice than the trader has set for itself.
A fixed-term contract for the regular delivery of products or services may not be tacitly extended or renewed for a fixed period, and may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month. If a contract lasts longer than one year, the consumer may terminate it after one year at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 13 – Payment
Unless otherwise agreed, payment is made at the time of ordering using one of the payment methods offered at checkout. The consumer must report any inaccuracies in the payment details provided to the trader without delay. If the consumer fails to pay on time, the trader may, within the limits of the law, charge the reasonable costs previously communicated to the consumer.
Article 14 – Complaints procedure
Complaints about the performance of the contract must be submitted to the trader, fully and clearly described, within 7 days of the consumer discovering the defects. Complaints are answered within 14 days of receipt. If a complaint needs more time, the trader sends an acknowledgement within 14 days with an indication of when the consumer can expect a more detailed answer.
A complaint does not suspend the trader's obligations unless the trader states otherwise in writing. If a complaint is found to be justified, the trader will, at its option, replace or repair the delivered products free of charge.
The European Commission's online dispute resolution platform is available at ec.europa.eu/consumers/odr.
Article 15 – Disputes
Contracts between the trader and the consumer to which these terms apply are governed exclusively by Dutch law, without prejudice to the mandatory consumer protection rules of the country in which the consumer lives.
Article 16 – CESOP
Due to measures introduced and tightened from 2024 under the EU rules implementing the central electronic system of payment information (CESOP), payment service providers may be required to report certain payment information electronically.