Article 1 – Definitions
For the purposes of these Terms and Conditions, the following definitions shall apply:
- Glowteq: the trade name under which LUXENTIA operates its online store.
- LUXENTIA: the sole proprietorship that owns and operates Glowteq.
- Seller: LUXENTIA, trading under the name Glowteq.
- Customer: any natural person acting for purposes outside their trade, business or profession who enters into an agreement with Glowteq.
- Agreement: any agreement concluded between Glowteq and the Customer relating to the sale and delivery of products.
- Products: all cosmetic products, skincare products, beauty accessories, microneedling devices, sterile serums, cartridges, bundles and related products offered through the webshop.
- Webshop: the official online store operated by Glowteq.
- Business Days: Monday through Friday, excluding officially recognised public holidays in the Netherlands.
- In Writing: communication by email or any other durable electronic medium.
Article 2 – Identity of the Seller
This webshop is operated by:
- LUXENTIA
- Trading name: Glowteq
- Chamber of Commerce (KvK) No.: 42094288
- VAT Identification No.: NL005493901B35
- Registered address: Wisentweide 11, 3437 EB Nieuwegein, the Netherlands
- Email: info@glowteq.nl
- Website: www.glowteq.nl
Article 3 – Scope of Application
- These Terms and Conditions apply to every offer made by Glowteq and to every Agreement concluded through the webshop.
- By placing an order, the Customer confirms that they have read, understood and accepted these Terms and Conditions.
- Any deviation from these Terms and Conditions shall only be valid if expressly agreed in writing by Glowteq.
- Should any provision of these Terms and Conditions be declared invalid, void or unenforceable in whole or in part, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a legally valid provision that most closely reflects the original intent.
- Any general terms and conditions of the Customer are expressly excluded.
Article 4 – Product Offers
- Glowteq exercises the utmost care in preparing accurate descriptions of all Products offered through the webshop.
- Images, colours, photographs and videos are provided for illustrative purposes only. Minor variations in colour, packaging or product appearance shall not constitute grounds for cancellation of the Agreement.
- Obvious errors, typographical mistakes, pricing errors or technical inaccuracies shall not be binding upon Glowteq.
- Glowteq reserves the right to modify its product range, prices and product information at any time.
- All Products are intended solely for cosmetic use in accordance with the supplied instructions.
- Cosmetic results vary from person to person. Glowteq does not guarantee any specific cosmetic outcome.
Article 5 – Formation of the Agreement
- An Agreement is concluded once Glowteq has confirmed the Customer's order electronically.
- Glowteq reserves the right to refuse an order or request additional information where there are reasonable grounds to do so, including but not limited to:
- suspected fraud;
- incorrect personal information;
- payment-related issues;
- obvious pricing errors;
- insufficient supplier stock;
- legal or regulatory restrictions.
- Should a Product unexpectedly become unavailable after an order has been placed, Glowteq shall inform the Customer as soon as reasonably possible. Any amount already paid shall be refunded using the original payment method.
- Unless proven otherwise, Glowteq's administration and electronic records shall constitute conclusive evidence of the contents of the Agreement.
Article 6 – Prices
- All prices displayed in the webshop are stated in Euros (€) and include VAT unless expressly stated otherwise.
- Any applicable shipping costs shall be clearly displayed before the Customer completes the checkout process.
- Glowteq reserves the right to amend prices at any time. Such changes shall not affect Agreements already concluded.
- Obvious pricing mistakes, typographical errors or system errors shall not be binding upon Glowteq. Where a Product has clearly been offered at an unrealistic price due to an error, Glowteq reserves the right to cancel the Agreement. Any payment received shall be refunded in full.
- Promotional offers, discount codes and marketing campaigns shall remain valid only for the stated promotional period and cannot be applied retrospectively unless expressly stated otherwise.
- Unless expressly indicated, promotional offers may not be combined.
Article 7 – Payment
- Payment must be made in full using one of the payment methods offered during the checkout process.
- Glowteq may use external payment service providers to process payments securely.
- Orders shall only be processed after payment has been successfully received or authorised.
- If payment is reversed, declined or otherwise unsuccessful, Glowteq reserves the right to suspend or terminate the Agreement.
- The Customer shall promptly notify Glowteq of any inaccuracies in payment details.
Article 8 – Delivery and Shipping
- Glowteq aims to process all orders as quickly as reasonably possible.
- Logistics, fulfilment and shipping may be carried out by an external logistics provider or supplier.
- Delivery times are estimates only and shall not constitute strict deadlines.
- Delays in delivery shall not automatically entitle the Customer to compensation or termination of the Agreement.
- Should a significant delivery delay occur, Glowteq shall inform the Customer as soon as reasonably practicable.
- The risk of loss or damage passes to the Customer once the Products have been delivered to the delivery address provided by the Customer.
- The Customer is responsible for providing accurate delivery information. Any additional costs arising from incorrect address details may be charged to the Customer.
- Where a parcel cannot be delivered due to circumstances attributable to the Customer and is returned, Glowteq may charge the Customer for the costs of re-shipment.
Article 9 – Retention of Title
- All Products supplied shall remain the property of Glowteq until full payment of the purchase price and any additional charges has been received.
- Until ownership has transferred, the Customer may not pledge, assign or otherwise use the Products as security.
Article 10 – Right of Withdrawal
- Consumers have the statutory right to withdraw from the Agreement without giving any reason within fourteen (14) days after receiving the Products.
- During the withdrawal period, the Customer shall handle both the Product and its packaging with due care.
- Products may only be unpacked or used to the extent necessary to establish their nature, characteristics and functioning, as would reasonably be permitted in a physical retail store.
- The Customer must notify Glowteq of the return within the statutory withdrawal period by following the designated returns procedure.
- After submitting the return request, the Product must be returned within fourteen (14) days.
- The refund of the purchase price, including the original standard delivery charges, will be made no later than fourteen (14) days after the cancellation notice, using the same payment method used for the original purchase.
- Glowteq may wait to refund until the Products have been received or until the Customer has shown that the Products have been returned, whichever occurs first.
- Where the Product has been used beyond what is necessary to determine its nature, characteristics and functioning, Glowteq may deduct an amount reflecting the resulting loss in value, in accordance with applicable consumer legislation.
Article 11 – Exclusions from the Right of Withdrawal
Pursuant to applicable consumer legislation, the statutory right of withdrawal does not apply, among others, to:
- sealed products which are not suitable for return for reasons of health protection or hygiene once the seal has been broken after delivery;
- sterile serums with a broken seal;
- opened cartridges or microneedling needle modules;
- opened cannulas;
- opened cosmetic products;
- products that, by their nature, have been inseparably mixed with other items after delivery;
- products made to the Customer's specifications or clearly personalised.
Where the right of withdrawal does not apply, this will be clearly indicated on the relevant product page.
Article 12 – Returns Procedure
- Returns should preferably be registered with Glowteq in advance.
- Returned Products must, where reasonably possible, be complete, undamaged and returned in their original packaging.
- If a returned Product has been used beyond what is reasonably necessary to determine its nature, characteristics and functioning, Glowteq reserves the right to apply a deduction for any resulting loss in value.
- Glowteq may refuse returns that do not comply with applicable legislation or with these Terms and Conditions.
Article 13 – Statutory Warranty and Product Conformity
- Glowteq warrants that the Products supplied conform to the Agreement, the specifications stated in the product description and the reasonable expectations of quality and usability under applicable law.
- Nothing in these Terms and Conditions affects the Customer's statutory rights under mandatory consumer protection legislation.
- The warranty does not cover normal wear and tear, improper use, incorrect maintenance, negligent storage, accidental damage or use contrary to the supplied instructions.
- Where a Product is found to be defective and covered by the statutory warranty, the following applies: depending on the consumer's statutory rights and the circumstances, the Product may be repaired or replaced free of charge. Where this is not possible or reasonable, a price reduction or refund may follow.
- Minor variations in colour, finish, packaging or appearance that do not affect the Product's intended functionality shall not constitute a defect.
Article 14 – Complaints Procedure
- Complaints regarding the performance of the Agreement must be submitted to Glowteq in writing within a reasonable period after the Customer has discovered, or reasonably should have discovered, the issue.
- Complaints should include a clear description of the issue and, where possible, supporting photographs to assist in the assessment.
- Glowteq aims to provide a substantive response within fourteen (14) days. If additional time is required, the Customer will be informed accordingly together with an estimated response time.
- Filing a complaint does not suspend the Customer's payment obligations unless required by mandatory law.
- If a complaint cannot be resolved amicably, the Customer may submit the dispute to the competent court or make use of any statutory dispute resolution procedures available under applicable law.
Article 15 – Use of Cosmetic Products and Microneedling Devices
- Products supplied by Glowteq are intended exclusively for cosmetic use in accordance with the supplied instructions and the information published on the website.
- The Customer is responsible for carefully reading and following all instructions, safety guidelines and warnings before using any Product.
- Microneedling devices, cartridges, cannulas and sterile serums must always be used in a hygienic and responsible manner.
- Glowteq strongly recommends using only sterile, unopened cartridges and accessories.
- Unless expressly stated otherwise, all Products are intended for external use only.
- Cosmetic results vary from person to person and depend on factors including skin type, skin condition, age, lifestyle, aftercare and individual healing capacity. Therefore, Glowteq cannot guarantee any specific cosmetic outcome.
- The Customer remains solely responsible for the manner in which Products are used.
Article 16 – Contraindications and Safety Warnings
- Microneedling is not suitable for everyone.
- The use of microneedling Products is not recommended, or may be unsuitable, in circumstances including but not limited to:
- pregnancy or breastfeeding;
- active skin infections;
- open wounds;
- active cold sores;
- inflamed skin conditions;
- severe inflammatory acne;
- active rosacea flare-ups;
- active psoriasis;
- active eczema in the treatment area;
- a tendency to develop keloid scars;
- recent chemical peels or laser treatments;
- recent excessive exposure to UV radiation or sunburn;
- the use of isotretinoin (including Roaccutane®) or comparable medication;
- medical conditions that significantly impair wound healing.
- If there is any doubt regarding suitability, the Customer should consult a physician, dermatologist or another qualified healthcare professional before using the Product.
- Glowteq reserves the right to amend safety information whenever required due to new scientific insights, product developments or changes in legislation.
Article 17 – Use of Sterile Serums
- Sterile serums must only be used in accordance with the supplied instructions.
- The Customer is responsible for inspecting the packaging before use.
- Sterile Products must not be used if the packaging has been opened, damaged or compromised.
- Sterile Products are intended exclusively for hygienic use in accordance with the manufacturer's instructions.
- Glowteq strongly recommends using clean equipment and maintaining proper hygiene throughout every treatment.
- Once opened, the sterility of the Product can no longer be guaranteed.
Article 18 – Limitation of Liability
- To the fullest extent permitted by law, Glowteq's total liability shall be limited to the amount paid by the Customer for the Product giving rise to the claim, except in cases of wilful misconduct or gross negligence.
- Glowteq shall not be liable for indirect or consequential damages, including but not limited to:
- consequential loss;
- loss of profit;
- loss of revenue;
- non-material damages;
- reputational damage;
- loss of anticipated savings.
- Glowteq shall not be liable for damage resulting from:
- improper use of Products;
- use contrary to the supplied instructions;
- inadequate hygiene during use;
- combining Products with unsuitable equipment or products.
- Glowteq shall not be liable for individual skin reactions, allergic reactions or disappointing cosmetic results unless liability arises under mandatory law.
- Nothing in these Terms and Conditions excludes or limits liability where such exclusion or limitation is prohibited by applicable law.
Article 19 – Force Majeure
- Glowteq shall not be liable for any failure to perform its obligations where such failure results from circumstances beyond its reasonable control.
- Force majeure includes, but is not limited to:
- natural disasters;
- pandemics;
- war or terrorism;
- strikes or industrial action;
- governmental measures;
- failures of internet, payment or telecommunications services;
- transport disruptions;
- fire;
- power outages;
- cyber incidents;
- delays or failures by suppliers, carriers or logistics partners.
- During a force majeure event, Glowteq's obligations shall be suspended.
- If the force majeure situation continues for more than thirty (30) days, either party may terminate the Agreement in writing with respect to the unperformed part of the Agreement, without liability for compensation.
Article 20 – Personal Data
- Glowteq processes personal data in accordance with applicable privacy legislation, including the General Data Protection Regulation (GDPR).
- Personal data will only be processed where necessary for purposes including:
- processing orders;
- processing payments;
- arranging shipment and delivery;
- providing customer support;
- handling warranty claims and returns;
- complying with legal obligations.
- Further information regarding the processing of personal data is available in Glowteq's Privacy Policy published on the website.
Article 21 – Intellectual Property Rights
- All intellectual property rights relating to the webshop, including but not limited to its design, layout, text, images, graphics, logos, trademarks, trade names, product descriptions and other content, are owned by Glowteq or the respective rights holders.
- No content from the website may be copied, reproduced, published, distributed, modified or otherwise used for commercial purposes without the prior written consent of Glowteq.
- All third-party trademarks, product names and logos displayed on the website remain the property of their respective owners.
Article 22 – Amendments to these Terms and Conditions
- Glowteq reserves the right to amend or update these Terms and Conditions at any time.
- Amendments shall not affect Agreements already concluded, unless mandatory law requires otherwise or the amendment is solely to the benefit of the Customer.
- Every new Agreement shall be governed by the version of the Terms and Conditions published on the website at the time the order is placed.
Article 23 – Governing Law
- All Agreements between Glowteq and the Customer shall be governed exclusively by the laws of the Netherlands.
- The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded to the extent permitted by law.
Article 24 – Dispute Resolution
- Any disputes arising out of or relating to Agreements governed by these Terms and Conditions shall be submitted to the competent court in the Netherlands, unless mandatory law provides otherwise.
- Nothing in these Terms and Conditions shall prejudice the statutory rights of consumers under applicable consumer protection legislation.
Article 25 – Final Provisions
- Should any provision of these Terms and Conditions be declared invalid, unlawful or unenforceable, the remaining provisions shall remain in full force and effect.
- The invalid or unenforceable provision shall be replaced by a legally valid provision that most closely reflects the purpose and intent of the original provision.
- In situations not expressly provided for in these Terms and Conditions, Glowteq shall act in accordance with applicable law and the principles of reasonableness and fairness.
- These Terms and Conditions shall enter into force on the date stated above and shall remain effective until replaced by a revised version.
Article 26 – Product Safety and CE Compliance
- Glowteq only sells Products that, where legally required, comply with applicable European laws and regulations.
- Products subject to CE legislation are offered only where they have been lawfully placed on the European market by the manufacturer or importer.
- Glowteq relies on the technical specifications, certifications and declarations of conformity supplied by the manufacturer or authorised supplier.
- The Customer remains responsible for carefully following all instructions for use and safety guidance supplied with the Product.
Article 27 – Minimum Age
- Glowteq supplies Products exclusively to Customers aged eighteen (18) years or older.
- By placing an order, the Customer confirms that they are at least eighteen (18) years of age.
- Glowteq reserves the right to cancel any order where there are reasonable grounds to believe it has been placed by or on behalf of a minor.
Article 28 – Discount Codes, Promotions and Special Offers
- Discount codes are valid only during the promotional period specified.
- Unless expressly stated otherwise, discount codes and promotional offers cannot be combined.
- Discount codes cannot be applied retrospectively to orders that have already been completed.
- Glowteq reserves the right to withdraw or amend promotions at any time in the event of abuse, technical errors or unforeseen circumstances.
- Discount codes have no cash value and cannot be exchanged for money or credit.
- Where an order is returned in whole or in part and the conditions of a promotion are no longer met, Glowteq reserves the right to recalculate the discount originally granted.
Article 29 – Pre-Orders and Temporary Stock Shortages
- Where a Product is offered as a pre-order, the estimated delivery date shall be stated as accurately as reasonably possible.
- Any delivery dates provided are estimates only.
- In the event of an unforeseen delay, Glowteq shall notify the Customer as soon as reasonably practicable.
- If delivery becomes permanently impossible, any amount already paid shall be refunded in full.
Article 30 – Fraud, Abuse and Account Security
- Glowteq reserves the right to refuse, suspend or cancel orders where there are reasonable grounds to suspect:
- fraudulent activity;
- misuse of promotional or discount codes;
- automated purchasing;
- inaccurate or misleading personal information;
- abuse of the returns policy;
- improper use of the webshop.
- Glowteq may temporarily or permanently suspend a Customer account where misuse or fraudulent behaviour has been established.
- Glowteq reserves the right to recover any losses or damages resulting from fraudulent or unlawful conduct to the fullest extent permitted by law.
Article 31 – Availability of the Webshop
- Glowteq strives to ensure that the webshop remains available and fully operational at all times.
- However, temporary interruptions due to maintenance, technical issues, software updates, server failures or circumstances beyond Glowteq's reasonable control may occur.
- Glowteq shall not be liable for any loss or damage arising from the temporary unavailability of the webshop.
Article 32 – Product Information
- Glowteq exercises the utmost care in ensuring that all product information published on the webshop is accurate and up to date.
- Product descriptions, specifications and ingredient information are based on data supplied by manufacturers and authorised suppliers.
- Packaging, ingredients, labelling or product presentation may occasionally be updated by the manufacturer without prior notice.
- In the event of any discrepancy, the information provided on the original product packaging shall prevail.
Article 33 – Cosmetic Results
- Cosmetic results vary from person to person.
- Glowteq does not guarantee any specific cosmetic outcome.
- Factors including, but not limited to, age, skin type, hormonal changes, lifestyle, UV exposure, nutrition, medication, aftercare and genetic predisposition may influence individual results.
- Before-and-after photographs, product images and other visual material displayed on the webshop are provided for illustrative purposes only and should not be interpreted as a guarantee of individual results.
Article 34 – Medical Disclaimer
- All Products supplied by Glowteq are intended exclusively for cosmetic use.
- The information provided on the website, in product descriptions and in accompanying documentation is intended solely as general product information.
- No information provided by Glowteq constitutes medical advice, diagnosis or treatment, nor should it replace advice from a qualified physician, dermatologist or other healthcare professional.
- Customers suffering from medical conditions, skin disorders, allergies or who have any doubts regarding the suitability of a Product should consult a qualified healthcare professional before use.
Article 35 – Product Liability
- Glowteq shall only be liable for product liability where such liability arises under mandatory applicable legislation.
- To the fullest extent permitted by law, any liability beyond the statutory obligations shall be excluded.
- Any claim relating to product liability should be reported to Glowteq in writing as soon as reasonably practicable after the issue has been discovered.
Article 36 – Statutory Consumer Rights
- Nothing contained in these Terms and Conditions shall limit or exclude any statutory rights granted to consumers under Dutch or applicable European consumer protection legislation.
- Should any provision conflict with mandatory legislation, only the conflicting provision shall be deemed unenforceable, while all remaining provisions shall continue in full force and effect.
Article 37 – Electronic Communication
- By placing an order, the Customer agrees that communications relating to the Agreement may be conducted electronically.
- Electronic communications, including emails and electronic confirmations, shall have the same legal effect as written communications where permitted by applicable law.
Article 38 – Evidence
- Glowteq's electronic administration, order records, payment records, communication logs and digital systems shall constitute prima facie evidence of transactions and communications, unless proven otherwise.
- Electronic data, system logs and digital records may be used as evidence to the extent permitted under applicable law.