Terms and Conditions of Sale – GlowlyDaily OÜ
TERMS AND CONDITIONS OF SALE
1. General provisions
1.1. These Terms and Conditions of Sale apply to purchases made from the GlowlyDaily OÜ online store and form part of the sales contract between the Seller and the Buyer.
1.2. The Seller is GlowlyDaily OÜ, registry code 17545614, VAT number EE103004123, address Oja tn 14, Saku, Saku Rural Municipality, Harju County, 75501, Estonia, email info@glowly.ee.
1.3. The Buyer is a natural or legal person who submits an order through the online store. Statutory rights specifically granted to consumers apply only to a natural person who enters into the transaction outside their economic or professional activities.
1.4. In addition to these Terms, the legal relationship between the parties is governed by the laws in force in the Republic of Estonia. Any provision that restricts a mandatory statutory right to the detriment of a consumer shall not apply.
1.5. The language of the sales contract is Estonian unless the parties agree otherwise.
2. Products and product information
2.1. The product’s main characteristics, ingredients, quantity, directions for use, warnings, storage conditions and other important information are provided on the product page, product packaging or in the information supplied with the product.
2.2. Before use, the Buyer must review the product’s ingredients, allergens, contraindications, directions for use and warnings, and use the product only as intended.
2.3. A food supplement must not be used as a substitute for a varied and balanced diet or a healthy lifestyle. The recommended daily dose must not be exceeded. Products must be kept out of reach of children unless otherwise stated on the packaging.
2.4. In the event of pregnancy, breastfeeding, a chronic condition, allergy, use of medication or another health concern, the Buyer should, where appropriate, consult a doctor, pharmacist or other qualified healthcare professional before using a food supplement or cosmetic product.
2.5. General information provided in the online store does not constitute individual medical advice. Product effects may vary from person to person, and the Seller does not guarantee a result that has not been expressly promised in the product description.
2.6. Product images are illustrative. Packaging design or minor aspects of appearance may differ due to changes made by the manufacturer, but the Seller will not replace an ordered product with a product having different essential characteristics without the Buyer’s consent.
3. Prices and discounts
3.1. Prices displayed in the online store are in euros and include value added tax and other applicable taxes.
3.2. Delivery charges and other order-related costs are shown to the Buyer before the order is submitted. The Buyer is not required to pay any charge of which they were not informed before entering into the contract.
3.3. The Seller may change prices and promotions. The price displayed when the order is submitted applies to the order, except in the case of an obvious technical or data-entry error that a reasonable Buyer should have recognised.
3.4. The conditions, validity period and possible restrictions of a discount code are shown with the relevant promotion. Unless stated otherwise, discount codes cannot be combined or exchanged for cash.
4. Placing an order and entering into the sales contract
4.1. To place an order, the Buyer adds the desired products to the shopping cart, selects the delivery and payment method, enters the required information and confirms the order by using a button that clearly indicates an obligation to pay.
4.2. Before confirming the order, the Buyer can review and correct the shopping cart contents, quantities, delivery information and other entered information.
4.3. By submitting an order, the Buyer confirms that they have read, understood and accepted these Terms.
4.4. The sales contract enters into force when payment for the order has been successfully completed or the payment obligation has been confirmed by the payment service provider, and the Seller has sent an order confirmation to the Buyer by email.
4.5. The order confirmation contains at least the main details of the order and is sent to the email address provided by the Buyer on a durable medium. The Buyer must check the information in the confirmation and notify the Seller of any error as soon as possible.
4.6. The Seller may cancel an order if the product cannot be supplied, payment fails, the information supplied by the Buyer is incomplete, or there is an obvious pricing or stock error. The Seller will notify the Buyer of the cancellation and refund any amount paid without undue delay, but no later than within 14 days.
5. Payment
5.1. The order can be paid for using the payment methods displayed at the online store checkout.
5.2. Payments may be processed by a licensed payment service provider identified at checkout. The Buyer completes the payment in the selected payment environment, and the Seller does not have access to the Buyer’s online banking passwords or complete payment-card security details.
5.3. The order will be processed after confirmation of successful payment has been received, unless the selected payment method provides otherwise.
5.4. The invoice or proof of purchase is provided electronically in the order confirmation, in a separate email or through the customer account.
6. Delivery
6.1. Goods are delivered to the regions shown at checkout using the delivery methods available there.
6.2. The delivery price and estimated delivery time are displayed on the product page, in the shopping cart or at checkout before the order is submitted. Unless another deadline has been agreed, the Seller will fulfil the order no later than 30 days after the sales contract is entered into.
6.3. Delivery may be delayed due to circumstances beyond the Seller’s control, including carrier delays, weather, public holidays, customs procedures or other force majeure events. The Seller will inform the Buyer of a material delay as soon as possible.
6.4. The Buyer is responsible for the accuracy of the delivery information. Reasonable additional costs of resending caused by incorrect or incomplete contact or address information may be charged to the Buyer.
6.5. The risk of accidental loss of or damage to the goods passes to a consumer when the consumer or a third party designated by the consumer, other than the carrier, has physically received the goods.
6.6. Where possible, the Buyer should inspect the condition of the shipment upon receipt. The Buyer should photograph and notify the Seller as soon as possible at info@glowly.ee if a shipment is damaged, leaking, open or has a broken tamper-evident seal.
6.7. Failure to collect a shipment from a parcel machine or collection point by the stated deadline does not automatically constitute withdrawal from the contract. The Seller may require reimbursement of reasonable direct costs related to resending or the return of an uncollected shipment.
7. Consumer’s 14-day right of withdrawal
7.1. A consumer Buyer has the right to withdraw from a distance sales contract without giving a reason within 14 calendar days from the day on which the consumer or a third party designated by the consumer, other than the carrier, physically received the goods.
7.2. If goods from one order are delivered separately, the withdrawal period begins when the last item is received. For goods consisting of several parts, the period begins when the final part is received.
7.3. To exercise the right of withdrawal, the consumer must send an unequivocal statement before the end of the withdrawal period to info@glowly.ee or use the model withdrawal form at the end of these Terms.
7.4. The consumer is requested to include their name, order number, the product being returned, the date on which the goods were received and a clear statement of withdrawal. A formal defect in the notice does not remove the consumer’s right of withdrawal if the intention to withdraw is clearly expressed.
7.5. The consumer must return or hand over the goods to the Seller no later than 14 days after submitting the withdrawal notice.
8. Exceptions to the right of withdrawal: food supplements, vitamins and cosmetics
8.1. The right of withdrawal does not apply to sealed goods that are not suitable for return for health-protection or hygiene reasons after the seal or packaging has been opened.
8.2. The exception in the preceding clause may include, among other products, food supplements, vitamins, creams, serums, gels, lip and eye products, and other cosmetic or body-care products where the tamper-evident seal, foil, protective film, hygienic closure or sealed consumer packaging has been opened or damaged after delivery and the product cannot be safely offered for resale.
8.3. Opening the shipping package or outer delivery box does not exclude the right of withdrawal where the product’s own sealed packaging, tamper-evident seal and hygienic protection remain intact and the product has not been used.
8.4. The applicability of an exception to the right of withdrawal is assessed on the basis of the specific product and circumstances. The Seller does not automatically exclude the return of an entire product category solely because packaging has been opened where the product can still be resold in compliance with health-protection and hygiene requirements.
8.5. An exception to the right of withdrawal does not limit the Buyer’s rights where the product is defective, damaged, expired, leaking, incorrect or arrived with a broken tamper-evident seal.
9. Condition of returned goods and diminished value
9.1. A consumer may handle and inspect a product only to the extent necessary to establish its nature, characteristics and functioning, in the same manner as would normally be permitted in a physical shop.
9.2. Where possible, returned goods must be unused, undamaged and clean, and include the parts, labels and accessories supplied with the product. The absence of the original packaging does not automatically exclude the right of withdrawal, but the Buyer must package the goods securely for transport.
9.3. If the consumer has used the goods beyond what is necessary to establish their nature, characteristics and functioning, the consumer is liable for the resulting diminished value. The Seller must substantiate the existence and amount of any diminished value.
9.4. When an opened or used product is returned, the refund may be reduced by the amount of the product’s diminished value. If the product has become entirely unsuitable for resale for health-protection or hygiene reasons and a statutory exception applies, the right of withdrawal may not apply.
10. Return method and costs
10.1. Before sending the goods, the Buyer is requested to contact info@glowly.ee to receive return instructions. Exercising the statutory right of withdrawal is not subject to the Seller’s prior consent.
10.2. Goods must be returned to GlowlyDaily to a parcel machine or other return address communicated by the Seller in writing.
10.3. In the case of an ordinary withdrawal, the consumer bears the direct cost of returning the goods. The Seller bears reasonable return costs where the reason for return is an incorrect, damaged or non-conforming product.
10.4. The Buyer is responsible for the goods until they reach the Seller and must retain the return shipment receipt or tracking number.
10.5. The Seller is not required to accept cash-on-delivery shipments or shipments involving costs that have not been agreed in advance.
11. Refunds
11.1. In the event of withdrawal, the Seller will refund all payments received from the consumer under the contract, including the cost of standard delivery, without undue delay and no later than 14 days after receiving the withdrawal notice.
11.2. If the consumer selected a delivery method more expensive than the least expensive standard delivery offered by the Seller, the Seller is not required to refund the additional cost resulting from that choice.
11.3. The Seller may withhold the refund until the returned goods have been received or the consumer has supplied evidence of having sent the goods back, whichever occurs first.
11.4. The refund will normally be made using the same payment method used for the original transaction, unless the parties expressly agree otherwise. The consumer will not incur an additional fee for the refund.
11.5. If the value of the returned goods has diminished due to the Buyer’s actions, the Seller may set off the substantiated diminished value against the amount to be refunded.
12. Defective, incorrect or damaged goods
12.1. The Seller is liable for a lack of conformity in goods sold to a consumer that becomes apparent within two years after delivery. Statutory presumptions and rules on the burden of proof apply in accordance with the law in force.
12.2. The Buyer must notify the Seller of a defect within a reasonable time, and a consumer no later than two months after discovering the defect.
12.3. A complaint must be sent to info@glowly.ee and should include the Buyer’s name and contact details, order number, a description of the defect, when the defect was discovered, the requested remedy and, where possible, photographs of the product, tamper-evident seal and packaging.
12.4. The Seller will respond in writing to a consumer’s written complaint within 15 days. If the complaint cannot be resolved within that period, the Seller will explain the delay and provide a new reasonable deadline.
12.5. In the event of defective goods, a consumer is entitled primarily to have the goods brought into conformity free of charge, including by replacement, where this is possible and proportionate. In cases provided by law, the consumer may request a price reduction or withdraw from the contract.
12.6. The Seller is not liable for a defect that arose after delivery due to the Buyer’s actions, failure to follow the instructions for use or storage conditions, normal wear and tear, improper use or an external circumstance unrelated to the product, unless mandatory law provides otherwise.
13. Liability and force majeure
13.1. The parties are liable for damage caused to the other party by a breach of their obligations on the grounds and to the extent provided by law.
13.2. The Seller is not liable for damage resulting from use of the product to the extent that the damage was caused by the Buyer’s failure to observe the product ingredients, allergies, contraindications, directions for use, dosage or storage conditions. This provision does not limit mandatory consumer rights or the statutory liability of the manufacturer or Seller.
13.3. The Seller is not liable for a breach of an obligation where the breach results from force majeure, meaning a circumstance beyond the Seller’s control that the Seller could not reasonably have been expected to prevent or overcome.
14. Processing of personal data
14.1. The Seller processes the Buyer’s personal data to fulfil orders, arrange payments, deliver goods, provide customer service, prevent fraud and comply with statutory obligations.
14.2. To fulfil an order, the Seller may disclose necessary data to a payment service provider, carrier, accounting service provider, IT service provider or another authorised processor, but only to the extent necessary.
14.3. More detailed terms governing the processing of personal data are set out in the online store’s Privacy Policy. Marketing communications are sent only where consent or another valid legal basis exists.
15. Complaints and dispute resolution
15.1. The Buyer may send questions and complaints to info@glowly.ee. The parties will attempt to resolve disagreements through negotiation.
15.2. If a consumer Buyer and the Seller are unable to reach an agreement, the consumer may refer the dispute to the Consumer Disputes Committee operating at the Estonian Consumer Protection and Technical Regulatory Authority. Proceedings before the Committee are free of charge for the consumer, and the consumer must first have submitted a complaint to the Seller.
15.3. The parties may also refer a dispute to a court. The contract is governed by the laws of the Republic of Estonia, without prejudice to any mandatory protection granted to the consumer by the laws of the consumer’s country of residence where applicable.
16. Amendments to the Terms
16.1. The Seller may amend these Terms where necessary due to changes in legislation, services, payment or delivery methods, or the organisation of the online store.
16.2. The version of the Terms in force when the order is submitted applies to the order. The current version is published in the online store together with its effective date.
