Terms of Service
Welcome to our website www.glowgetters.ae (“Website”). The Website is operated by Glow Getters LLC, trading as “Glow Getters”, an E-Commerce Company established and existing under the laws of Sharjah, United Arab Emirates, under E-Trader license number 771161, Company License Number 771161 and with registration number 187660, having its registered office address at PO BOX 44443, Sharjah, United Arab Emirates (also referred to in these terms and conditions as “Glow Getters”, “us”, “we”, “our”).
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
TERMS AND CONDITIONS
1. Definitions and Interpretation
The words and expressions listed hereunder have the meaning hereby assigned to them respectively for all purposes relating to the Purchase Order and the attachments thereto:
Content: is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Website.
Intellectual Property Rights: means copyright, trademarks (registered and unregistered), designs, all rights in relation to inventions (including patent rights, semi-conductor or circuit layout rights), confidential information (including trade secrets and know how) and any other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields in existence now, or which may come into existence in the future, in relation to the Content.
Internet: means a global computer network providing a variety of information and communication facilities, consisting of interconnected networks using standardized communication protocols.
Order: means the Purchaser's order made using the e-commerce platform of Shopify Inc. to enable the Purchaser to order the Products available for sale on this Website.
Order Summary: means the electronic summary appearing on the Website after the Purchaser has chosen which products it wishes to purchase, PRIOR to the purchaser making the final purchase. the Goods that are available on the Website.
Products: means the products available for purchase by an eligible Purchaser on this Website.
Purchaser: means the eligible person or persons buying the Products available for sale on this Website.
Specifications: means the specifications mentioned on the Order Form (if any) describing in detail the Products together with any commercial information, invoicing, packing, marking and delivery instructions.
Supplier: means the firm, company or person that we purchase the Products from.
UAE: means United Arab Emirates.
VAT; means Value Added Tax or any other substituted tax applicable in the UAE.
In these Terms and Conditions, unless the context otherwise requires:
(b) The clause headings in these Terms and Conditions are for the convenience of the Parties only and do not affect its interpretation.
(d) Reference to these Terms and Conditions or any other agreement or documents or contract shall be construed as a reference to such agreement or document as amended, modified or supplemented and in effect from time to time and shall include a reference to any document which amends, modifies or supplements it, or is entered into, made or given pursuant to or in accordance with its terms.
The purchase of all products through this Website is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the United Arab Emirates.
In order to make purchases on the Website, you must provide your personal details, including your first and last name, a valid telephone number, valid e-mail address, payment details, valid billing address and other requested information as indicated on the Order Form. You represent and warrant that the payment details you provide are valid, complete and correct and confirm that you are the person referred to in the billing information provided to us.
In order to meet our eligibility requirements for use of this Website, you must hold a valid credit card issued by a bank acceptable to Glow Getters, and you authorise us to process a charge or charges on your credit card in the amount of the total purchase price for the Product(s), including any taxes or delivery fee (if applicable), to your purchase. By using this Website you agree that the Products purchased are for personal or gift use only, and no Products purchased shall be bought and re-sold, used for commercial purposes or for any other commercial benefit. Glow Getters reserves the right to restrict multiple quantities of any Product purchased through us, and being delivered to any one customer or delivery address.
By completing the Order online to purchase Products(s), you are expressly authorising us to perform any necessary credit checks and to transmit or obtain your credit card information, (including any updated information) to or from third parties to authenticate your identity, validate your credit card, obtain an initial credit card authorisation and/or authorise individual purchase transactions, as we deem necessary. The personal information provided by you may be used to conduct appropriate anti-fraud checks and such personal information may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
You also understand that your content (not including your credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Personal information we collect
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number). We refer to this information as “Order Information”.
How do we use your personal information?
We use the Order Information that we collect generally to fulfil any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
Sharing your personal Information
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
Do not track
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfil contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
The Site is not intended for individuals under the age of eighteen.
When you place an Order with us, then subject to your rights to cancel or return the items, you commit to buy the items described in that Order, at the price indicated including any delivery fees, taxes and duties where applicable.
The products appearing for sale on the Website are subject to our acceptance and availability. Some products may have limited quantities or availability, and we reserve the right to limit any quantities of any products that we offer. If, for any reason following the submission of an order for any Product(s), we are unable to supply a particular Product, we will inform you as soon as possible, and either inform you of the one Product that we cannot supply assuming your Order is made up of more than Product, or cancel your total order if your Order is made up of just the one Product that we are unable to supply.
Upon completion of the Order Form and submitting the same, you are confirming your purchase, and you agree to accept and pay the full amount payable for the Product(s) as set out in the Order Summary, including any delivery charges applicable to that Order which will appear separately on the Order Summary.
We reserve the right to refuse or cancel an Order for any reason, including:-
any inaccuracies, or errors relating to a Product or any pricing information appearing on the Website;
if we are unable to obtain authorisation for payment;
if any delivery restrictions apply to a particular item;
if the item ordered does not satisfy our quality control standards or UAE government quality control standards and is withdrawn;
or that you do not meet the eligibility criteria set-out within these Terms and Conditions;
or any other problem identified by us.
We shall not be liable to you or to any third-party for any modification, price change, or suspension or discontinuance of any product on the website.
Once you complete the Order Form and submit the same via our Website on the Internet, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, it is just confirmation that we have received it.
Acceptance of your Order is deemed to have taken place upon the completion of the packing by us of the Product(s) set out on the Order Form, unless your Order has been cancelled.
We will not be liable to you, or any third party, if we take the decision to withdraw any Product from the Website, and neither shall be liable to you, or any third party, for removing, screening or editing any materials or content on the Website, or for refusing to process a transaction, or unwinding or suspending any transaction after processing has already commenced.
A contract between us and you, as the Purchaser, will be deemed to be complete when we have dispatched the Product(s) to you, at which point you will receive a second email confirming that your order has been dispatched. Please note, the contract between us and you as the Purchaser is concluded in Dubai, UAE, and the governing law of the contract is that of the UAE, but the governing language of the contract is English, as mentioned below.
If a Product was advertised at an incorrect price, or if we discover an error in the pricing of a Product in your Order, we will inform you as soon as possible via email or telephone. Glow Getters shall be under no obligation to accept or fulfil an Order for a Product that was advertised at an incorrect price, and we reserve the right to cancel such an Order that has been accepted, or is in transit to you. If a Product(s) within your Order has been priced incorrectly, we will inform you that that your Order has not been accepted, or that part of your Order is not accepted and cancelled. If the Order has already been processed, then we may at our discretion cancel the Order (or part thereof), and arrange for collection of the mis-priced Product(s) from your original Order delivery address in the UAE, and issue you a full refund including original Order delivery fees, taxes and duties (if applicable). If we have received payment for the Product(s), we shall refund the full amount of that particular Product(s) as soon as practicable.
5. Prices and Terms of Payment
Prices of the Products are exclusive of VAT, and VAT will be charged at the rate prevailing in the UAE at the time of purchase. Details of the VAT charged to an order will appear on the Order Summary.
We accept the following forms of payment:
Credit card: VISA-MASTERCARD-AMERICAN EXPRESS
If the issuer of the credit card used to purchase the Products refuses to authorise payment, we will not be liable for any delay or non-delivery. We will cancel your order and contact you for an alternative method of payment. Payment will be debited and cleared from your account upon completion of the packing of your order by Glow Getters. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit card to use it. If paying by credit or debit card, your card number will be protected using SSL (“Secure Socket Layer”).
Prices on the Website are displayed in United Arab Emirates Dirhams (AED), and exclude delivery costs, VAT, any other taxes or duties to which the purchase may be subject. Any such additional costs will be displayed on the Order Form before your final check out.
If you pay for the Products using a payment card denominated in a different currency to United Arab Emirates Dirhams (AED), the payment will be subject to the currency exchange rate applied by your card issuer at the time your payment is completed.
The destination you ask us to deliver the Products to, the Products you select, and the method of delivery you choose will dictate what delivery charges, taxes and duties apply (if any). Please refer to our Delivery section for further details on delivery options.
No credit cards details will be stored, sold, shared, rented or leased to any third parties except by our online payment gateway service provider.
Glow Getters takes reasonable care, in so far as we are able to, to keep the details of your Order and payment secure, but unless we are held to be negligent in our obligations, we cannot be held liable for any loss you may suffer if a third party gains unauthorised access to any data you provide when accessing or ordering from our Website.
6. Cancellation, Return, Refund and Exchange Policy
Glow Getters fully understands that sometimes you might change your mind regarding your purchase. If you change your mind before taking delivery of your Order, you can email us at email@example.com confirming your wish to cancel your Order and we will use all reasonable endeavors to cancel it providing your Order has not yet been processed. If your Order has already been processed, then any cancellation of the Order, will be treated as a return (see below). In all circumstances, you can always contact our Customer Service who will be happy to assist you.
Glow Getters wants you to be completely satisfied with the Product(s) purchased from us, but due to hygiene reasons, we cannot accept returns for beauty products (including skincare, haircare, body care, make-up and wellness products) unless the Product(s) are defective or have been damaged during the shipping and delivery process.
All Product(s) that are returned to us (excluding the items mentioned above), must be returned to us, unused, in good condition, and in their original box and packaging, together with the original invoice for the Product(s), within fourteen (14) days of receipt of by you. We will not accept any returns for Products if the original packaging has been opened or tampered with.
Any return of Product(s) that are damaged or soiled may not be accepted.
Once we have inspected the returned Product(s) and approved the return, we will refund the price paid by you for the Product(s), with the exception of applicable taxes or import duties, if any, and initial delivery charges.
In all cases we will process the refund of the price paid by you, but only as store credit.
Please note that we do monitor returns, and if we notice that there are a high number of returns made by any particular customer, we may, at our discretion, refuse to accept future Orders from such customer.
We are not currently able to offer exchanges. Instead, all items should follow the returns process, and a new Order placed for any replacement items.
7. Shipping Policy
At this time we only ship to the UAE, Saudi Arabia, Oman, Kuwait, Bahrain and Qatar. Products will be delivered to you by DHL.
Delivery in the UAE is within 2-3 business days.
Delivery within GCC countries is within 2-5 business days. Your order may be subject to customs and duties which is the customers' responsibility and the rates depend on your delivery location.
Shipping charges will be calculated at checkout. You will receive an order confirmation email and once your order has been shipped, you will receive a shipment confirmation email which has a tracking number.
Orders may be split across multiple shipments and items ordered together may not be shipped on the same day.
We do not ship on Fridays and nationally observed UAE holidays.
Please note there are remote locations within the UAE that may have longer delivery times, or may not be accessible to delivery and may be subject to collection at the DHL offices.
8. Product Liability
By placing an Order through our Website, you acknowledge and agree that full liability for the Product(s) rests with the manufacturer and/or the Supplier, and that we carry no product liability for those items save as described in the Returns section above, in relation to returning the Product(s) and refunding the price paid (where applicable).
The manufacturer’s terms can be found in the leaflet or notice that accompanies the Product(s) in its packaging.
All products should be used strictly in accordance with the manufacturer’s instructions, precautions and guidelines. You should always check the ingredients for Product(s) to avoid potential allergic reactions.
9. Intellectual Property
By using this Website and its Content, does not grant you any copyright, design, trademark or other Intellectual Property rights relating to the Content, including our software, HTML or other code contained in this Website. All such Content including third party trademarks, designs, and related Intellectual Property rights mentioned or displayed on this Website is typically protected by national and international Intellectual Property laws and treaties. You are permitted to use the Content only as expressly authorised by us, or as the licensor of such Content. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, linking, commercially exploiting, copying and use of the above listed materials on any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are authorised to make one copy for the purposes of viewing Content for your own personal use.
Every effort has been made to ensure that the information contained on this Website is accurate and complete. However, we cannot guarantee that the Content is error-free. We also cannot guarantee that the functional aspects of the Website or Content will be error free, or that this Website or the servers that make them available are free of viruses or other harmful components. We always recommend that you have up to date virus checking software installed on your own personal computers, or electronic devices.
10. Optional Links and Third Party Tools
We may provide you with access to third-party tools which we neither monitor nor have any control nor input. You acknowledge and agree that we will provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of any optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which such tools are provided by the relevant third-party provider(s).
Certain content or tools on our website may include materials from third-parties. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of any third-party.
We are not liable for any related harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please ensure that you review carefully the third-parties policies and practices and make sure you understand them before you engage in any transactions. Any complaints, claims, concerns, or questions regarding third-party products should be directed at the third-party.
11. Errors, Inaccuracies and Omissions
Occasionally, there maybe information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information displayed on the website is inaccurate at the time of submission of your Order.
We undertake by no obligation to update, amend or clarify the information on our Website or on any related website, including without any limitation pricing information, except as required by law. No specified update or refresh date noted on the Website should be taken to indicate that all information relating to the Products or any related Website has been modified or updated.
12. Risk and Title to the Product(s)
Title to the Product(s) in your Order will pass to you on the later of the day on which: (i) you pay us in full for those Product(s); or (ii) the day you receive the Product(s). Risk in the Product(s) contained within your Order Summary passes to you on delivery to the address detailed on the Order Summary.
13. Packing and Protection
Unless otherwise specified, all Product(s) supplied shall be suitably and carefully packed and protected during transit, to prevent damage by moisture, erosion and corrosion.
14. No Warranty
Except as otherwise provided in these Website Terms and Conditions, and to the full extent permitted by applicable law, Glow Getters makes no representation, covenant or warranty and offers no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose, of any Content, or any Product(s) purchased through this Website.
Your use of the Website is at your sole risk and it is provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to the Website at any time. To the full extent permitted by applicable law, we make no warranties that access to the Website will be uninterrupted or error-free; that the Website will be secure; that the Website or the server that makes the site available will be virus-free; or that information on the Website will be correct, accurate, adequate, useful, timely, reliable or otherwise complete. If you download any Content from the Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer or loss of data that results from the download of any such Content. No advice or information obtained by you from the Website shall create any warranty of any kind.
This disclaimer is not applicable to any product warranty offered by the manufacturer of the Product(s). This clause 12 constitutes an essential part of these Terms and Conditions.
15. Liability and Consequential Loss
Save for death or personal injury arising out of our negligence or as required by applicable law, under no circumstances shall we, our affiliates, employees, directors, officers, agents or Suppliers be liable to you or to any other person, for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of, or inability to use the Website, including, without limitation, damages for loss of profits, loss of goodwill, loss of data, loss of goodwill, computer failure or malfunction, In no event will we be liable for any damages in excess of the amount paid by you towards the price of the Product(s) in respect to which a claim arose. You hereby release us from any and all obligations, liabilities and claims in excess of this limitation.
Nothing in these Terms and Conditions is intended to impact any consumer rights you, or any rights that we may have under the laws of the UAE.
You agree to defend, indemnify and hold Glow Getters, its directors, agents, affiliates, licensors and Suppliers free and harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of these Website Terms and Conditions, including the use by third parties accessing the Website using your account, whether caused by your action or inaction.
17. Entire Agreement
These Terms and Conditions constitute the whole legal agreement between you and Glow Getters and govern your use of the Website and all Product(s) available and displayed on it, and these Terms and Conditions completely replace any prior agreements made between you and us in relation to the same.
18. Modifications/Changes to these Terms and Conditions
Glow Getters reserve the right to modify these Terms and Conditions at any time without notice to you. Any modifications to these Terms and Conditions will be effective once published on the Website. Your continued use of the Website following such change, shall act as your agreement and acceptance to be bound by the modified/changed Terms and Conditions.
No term, condition, right obligation or breach of these Terms and Conditions shall be waived or be deemed to have been waived if Glow Getters does not exercise or enforce, or delays in its exercise or enforcement, of any legal right or remedy.
If any provision of these Website Terms and Conditions are held to be illegal or unenforceable, the remaining Website Terms and Conditions or any part thereof, will not be affected and will remain in full force and effect.
In the event that any provision of these Terms and Conditions is deemed to be unlawful, void or provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any remaining provisions.
These Website Terms and Conditions are published in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will prevail.
23. Governing Law
These Website Terms and Conditions are governed by the federal laws of the United Arab Emirates as applicable in the Emirate of Dubai and all disputes arising here under are subject to the arbitration provisions contained in clause 24 below:
Any dispute, claim or difference arising out of or related to these Terms and Conditions or breach of them will be settled finally by arbitration in accordance with the rules of the DIFC/LCIA (“Rules”), as are in force on the date when a notice of arbitration is received. The appointing authority will be the DIFC/LCIA Arbitration Centre. The place of arbitration will be the DIFC-LCIA Centre.
The number of arbitrators shall be one.
The language to be used in the arbitration shall be English.
The costs and expenses of arbitration will be allocated and paid by the Parties as determined by the arbitrator and the arbitration decision will be final and binding on both parties (save in the case of manifest error or fraud) and judgment upon the award of the arbitrator shall be entered into any court having jurisdiction.
Nothing in this clause 24 will preclude either Party from seeking urgent interim injunctive relief from a court of competent jurisdiction and such recourse to judicial bodies shall not be deemed to contradict or be construed as a waiver of the arbitration agreement set out in these Terms and Conditions.
25. Contact Information
Questions about these Terms and Conditions should be sent to us at firstname.lastname@example.org.