General Terms and Conditions

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur
Glowory
Email: dmcommercee@gmail.com
Chamber of Commerce (KvK) number: 8542362

Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before a 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge to the consumer upon request as soon as possible.

If the distance contract is concluded electronically, notwithstanding the previous paragraph, the text of these general terms and conditions may be made available electronically to the consumer in such a way that it can be easily stored on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically, and that they will be sent free of charge to the consumer electronically or otherwise upon request.

In cases where, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly. In the event of conflicting terms, the consumer may always rely on the provision that is most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the contract and these terms and conditions remain in effect, and the relevant provision will be promptly replaced by a provision that approximates the intent of the original as closely as possible.

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

Any ambiguities in the interpretation or content of one or more provisions of our 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 contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur 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 entrepreneur.

All images and specifications in the offer are indicative and cannot give rise to claims for compensation or dissolution of the contract.

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

Each offer contains such information that it is clear to the consumer what rights and obligations are connected to accepting the offer. This specifically concerns:

  • the price, including taxes;

  • any shipping costs;

  • the manner in which the contract will be concluded and which actions are required for this;

  • whether the right of withdrawal applies;

  • the method of payment, delivery, and execution of the contract;

  • the period for acceptance of the offer, or the period during which the entrepreneur guarantees the price;

  • the cost of remote communication if the costs of using the technology for remote communication are calculated differently than the regular basic rate of the used communication method;

  • whether the contract will be archived after conclusion, and if so, how the consumer can consult it;

  • the way in which the consumer can check and, if desired, correct the data provided in connection with the contract before concluding it;

  • any other languages in which the contract can be concluded, in addition to Dutch;

  • the codes of conduct to which the entrepreneur has committed and the way in which the consumer can consult these codes electronically; and

  • the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement
The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions attached to it.

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

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

Within legal limits, the entrepreneur may verify whether the consumer can meet their payment obligations, as well as any facts or factors relevant to responsibly entering into the distance agreement. If the entrepreneur, based on this investigation, has good grounds not to conclude the agreement, they are entitled to refuse an order or request with justification or attach special conditions to its execution.

The entrepreneur will provide the consumer with the following information with the product or service, either in writing or in such a way that it can be stored by the consumer on a durable medium:
a. the visiting address of the entrepreneur’s establishment where the consumer can submit complaints;
b. the conditions under which and the method by which the consumer can exercise the right of withdrawal, or a clear notice if the right of withdrawal is excluded;
c. information on guarantees and existing after-sales service;
d. the details listed in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information before executing the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

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

Every agreement is concluded 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 within 14 days. This reflection period starts the day after the consumer receives the product, or a representative designated by the consumer and known to the entrepreneur.

During the reflection period, the consumer must handle the product and packaging with care. The product should only be unpacked or used to the extent necessary to determine whether the consumer wishes to keep it. If the consumer exercises the right of withdrawal, they must return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging, according to the entrepreneur’s reasonable and clear instructions.

If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product. Notification should be made in writing or by email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof that the goods were returned on time, for example, by providing proof of shipment.

If the consumer does not notify the entrepreneur within the deadlines mentioned in paragraphs 2 and 3 or does not return the product, the sale is considered final.

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 withdrawal. This is conditional on the product being received by the online store or proof of complete return being 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. Exclusion of the right of withdrawal is only valid if the entrepreneur has clearly mentioned this in the offer, or at least in a timely manner before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:
a. made according to the consumer’s specifications;
b. clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can quickly spoil or become outdated;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software if the consumer has broken the seal;
h. for hygienic products if the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:
a. related to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
b. the delivery of which has begun with the consumer’s express consent before the reflection period has expired;
c. related to bets 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.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices if the prices are tied to fluctuations in the financial market over which the entrepreneur has no control. This dependency on fluctuations and the fact that any stated prices are indicative will be mentioned in the offer.

Price increases within 3 months after the agreement is concluded are only allowed if they are due to statutory regulations or provisions.

Price increases after 3 months are only allowed if the entrepreneur has agreed upon this and:
a. they result from statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement as of the day the price increase takes effect.

The prices of products or services stated in the offer include VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In case of errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the applicable statutory provisions and/or government regulations at the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may have against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Returned products must be sent in their original packaging and in new condition. 

The entrepreneur's warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual use by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;

  • The delivered products have been exposed to abnormal conditions or otherwise handled carelessly, or are inconsistent with the entrepreneur’s instructions and/or instructions on the packaging;

  • The defect is wholly or partially the result of regulations set or to be set by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution
The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.

The place of delivery is the address provided by the consumer to the company.

Subject to the provisions in Article 4 of these general terms and conditions, the company will execute accepted orders as soon as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

In the event of dissolution under the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated by the consumer and known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

Termination
The consumer may terminate an agreement concluded for an indefinite period, which concerns the regular delivery of products (including electricity) or services, at any time, observing the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement concluded for a fixed period, which concerns the regular delivery of products (including electricity) or services, at the end of the fixed term, observing the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements mentioned in the previous paragraphs:

  • at any time, not limited to termination at a specific time or during a certain period;

  • in the same manner as they were concluded;

  • always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal
An agreement concluded for a fixed period concerning the regular delivery of products (including electricity) or services may not be silently renewed or extended for a fixed term.

By way of exception, an agreement for a fixed period concerning the regular delivery of daily, news, and weekly newspapers and magazines may be silently extended for a maximum of three months if the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.

A fixed-term agreement for the regular delivery of products or services may only be silently extended indefinitely if the consumer may terminate at any time with a notice period of no more than one month, or a notice period of up to three months in the case of agreements for regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.

A limited-duration agreement for introductory deliveries of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be silently continued and automatically ends after the trial or introductory period.

Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement after one year at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the agreed end of the duration.

Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of a service agreement, this period starts after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately inform the entrepreneur of any inaccuracies in the provided or mentioned payment details.

In the event of non-payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur in a complete and clear manner within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur explicitly states otherwise in writing.

If a complaint is found to be valid by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes
Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.