Terms of service

Terms of Service

Overview

Welcome to GlowSmith. The terms “we”, “us” and “our” refer to GlowSmith, operated by Aria Cortex Limited.

GlowSmith operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the “Services”). GlowSmith is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when you use the Services.

Please read these Terms carefully. They include important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use or access the Services.

Section 1 — Access and account

By agreeing to these Terms, you confirm that you are at least the age of majority in your country, state, or province of residence. If you allow a minor dependent to use the Services on a device you own, purchase, or manage, you confirm that you have given consent for them to do so.

To use the Services, including browsing our online store or purchasing products, you may be asked to provide information such as your email address, billing address, payment details, and shipping information. You represent and warrant that all information you provide is accurate, current, complete, and that you have the right to provide it.

You are responsible for maintaining the confidentiality of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign, or license your account to another person.

Section 2 — Our products

We make every reasonable effort to display our products accurately in our online store. However, product colours, packaging, textures, and appearance may differ slightly from how they appear on your screen due to your device, display settings, or browser configuration.

We do not guarantee that the appearance of a product on your screen will exactly match the product you receive. Product descriptions, availability, formulations, packaging, and specifications may change from time to time without notice, where permitted by applicable law.

We reserve the right to discontinue products, limit quantities, or restrict sales to particular people, locations, or jurisdictions where necessary or appropriate.

Nothing in this section affects any mandatory consumer rights that apply to you under applicable law.

Section 3 — Orders

When you place an order, you are making an offer to purchase the selected product(s). GlowSmith reserves the right to accept or decline an order at its discretion.

Your order is accepted only when we send you an order-confirmation email confirming acceptance. We must receive and process payment before an order is accepted.

Please review your order carefully before submitting it. We may be unable to accommodate cancellation requests once an order has been accepted or dispatched. If we decline, change, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided when the order was placed.

Your purchases are subject to our Refund Policy and any mandatory consumer rights that apply in your country of residence.

You confirm that products purchased from GlowSmith are for personal or household use only and not for commercial resale, distribution, or export unless we have agreed otherwise in writing.

Section 4 — Prices and billing

Prices, discounts, and promotions may change without notice. The price charged for a product will be the price shown at the time you place your order and will be confirmed in your order-confirmation email.

Unless stated otherwise, prices displayed for EU customers include applicable VAT. Shipping charges, if any, will be shown clearly at checkout before you complete your purchase. Any customs duties, import taxes, or local charges applicable outside the European Union are the customer’s responsibility unless expressly stated otherwise.

Prices shown in our online store may differ from prices offered through third-party retailers or other sales channels.

You agree to provide current, complete, and accurate purchase, payment, and account information for all orders. You agree to update your information promptly if it changes so that we can process transactions and contact you when necessary.

You confirm that:

The payment information you provide is accurate and complete.
You are authorised to use the selected payment method.
Charges made in connection with your order will be honoured by your payment provider.
You will pay all applicable charges, including product prices, delivery charges, and applicable taxes.

Section 5 — Shipping and delivery

Delivery times shown on our website are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs authorities, incorrect delivery information, severe weather, strikes, or other events outside our reasonable control.

Once your order has been transferred to the carrier, the carrier is responsible for transporting it to the delivery address you provided. Nothing in these Terms limits any rights you may have under applicable consumer-protection law in relation to lost, damaged, delayed, or non-conforming goods.

Please review our Shipping Policy for further information.

Section 6 — Intellectual property

The Services and all content made available through them—including trademarks, brand names, logos, text, product images, graphics, videos, audio, product reviews, designs, layouts, and other materials—are owned by or licensed to GlowSmith, Aria Cortex Limited, our affiliates, licensors, or content providers, and are protected by applicable intellectual-property laws.

You may use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, sell, or otherwise exploit any material from the Services without our prior written permission, except where permitted by law.

Nothing in these Terms grants you a licence or right to use any patent, copyright, trademark, design, trade secret, or other intellectual property belonging to GlowSmith, Shopify, or another third party.

“GlowSmith”, our logos, product names, designs, and slogans are trademarks of GlowSmith or its licensors. You may not use them without our prior written permission.

Shopify’s name, logo, product names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, and trademarks appearing on the Services belong to their respective owners.

Section 7 — Optional tools

We may provide access to tools or services offered by third parties. We do not monitor, control, or endorse those tools unless expressly stated otherwise.

Any third-party tools are provided “as is” and “as available”, without warranties, representations, or conditions of any kind. Your use of optional third-party tools is entirely at your own risk and discretion.

You should review the relevant third party’s terms and privacy policies before using their tools or services.

We may introduce new features, tools, or resources in the future. Any such additions will also form part of the Services and will be subject to these Terms.

Section 8 — Third-party links

The Services may contain links to third-party websites, materials, products, or services. We are not responsible for examining or evaluating the content, accuracy, availability, or practices of third-party websites.

If you choose to leave the Services to access a third-party website, you do so at your own risk. We are not liable for loss or damage related to your access to, use of, or purchase from a third-party website.

Please review the policies and practices of any third party before entering into a transaction with them. Questions or complaints about third-party products or services should be directed to that third party.

Section 9 — Relationship with Shopify

GlowSmith is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made through the GlowSmith store are made directly between you and GlowSmith.

By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sale, purchase, product, delivery, return, refund, injury, damage, or loss arising from transactions between you and GlowSmith.

To the fullest extent permitted by law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or relating to purchases and transactions made directly with GlowSmith.

Section 10 — Privacy policy

All personal information collected through the Services is subject to our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process certain personal information relating to your access to and use of the Services in order to provide and improve its services. Information submitted through the Services may be transmitted to Shopify and trusted third-party service providers where necessary to process orders, payments, shipping, website functionality, and customer support.

You can also review Shopify’s privacy policy here.

Section 11 — Feedback

If you submit, upload, post, email, or otherwise provide ideas, suggestions, reviews, proposals, plans, comments, or other feedback (“Feedback”), you grant GlowSmith a worldwide, perpetual, irrevocable, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, display, and otherwise use that Feedback for any purpose, including commercial purposes.

You confirm that:

You own or have the rights necessary to submit the Feedback.
You have disclosed any compensation or incentive received in connection with the Feedback.
Your Feedback complies with these Terms and applicable law.

We are not required to keep Feedback confidential, compensate you for Feedback, or respond to Feedback.

We may, but are not required to, monitor, edit, or remove Feedback that we reasonably consider unlawful, offensive, threatening, defamatory, obscene, infringing, misleading, or otherwise objectionable.

Section 12 — Errors, inaccuracies and omissions

Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery estimates, availability, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel orders where information is inaccurate, including after an order has been submitted, where permitted by applicable law.

If an error affects your order, we will contact you using the details provided at checkout.

Section 13 — Prohibited uses

You may use the Services only for lawful purposes.

You must not use the Services directly or indirectly:

For unlawful, fraudulent, or malicious purposes.
To violate applicable laws, regulations, or third-party rights.
To infringe our intellectual-property rights or the rights of others.
To harass, threaten, abuse, defame, discriminate against, or harm another person.
To submit false, inaccurate, or misleading information.
To send spam, phishing messages, chain letters, unsolicited promotions, or similar solicitations.
To impersonate another person or entity.
To introduce viruses, malware, malicious code, or other harmful technology.
To scrape, extract, copy, resell, reproduce, or exploit any portion of the Services without permission.
To collect or track the personal information of others without lawful authority.
To interfere with, bypass, or circumvent security features, access restrictions, robots exclusions, or other protective measures.
To use automated systems, bots, spiders, scrapers, agents, or similar tools to access the Services without our prior written consent.

We may suspend, restrict, or terminate access to the Services where we reasonably believe that you have violated these Terms.

Section 14 — Automated agents

This section applies if you use, allow, enable, or cause an automated or semi-automated agent to access, use, or interact with the Services.

An “Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of a person or entity.

No Agent may access, use, or interact with the Services unless it clearly identifies itself as an Agent and complies with this section.

We may limit, block, or technically restrict the way any Agent accesses, uses, or interacts with the Services.

Any permitted Agent must:

Identify itself in HTTP/HTTPS requests using the format Agent/[agent name] in its user-agent string.
Not conceal or obscure that it is an Agent.
Not mimic human behaviour to evade access controls.
Not complete or circumvent CAPTCHAs or systems intended to distinguish human activity from automated activity.
Respond truthfully to prompts designed to determine whether it is operated by a human or computer.
Not bypass measures intended to limit, block, control, or manage Agent access to the Services.

Section 15 — Termination

We may terminate or suspend your access to the Services, or any part of them, at any time where reasonably necessary, including where you breach these Terms or applicable law.

Termination does not affect obligations or liabilities that arose before termination.

The provisions relating to intellectual property, feedback, disclaimers, limitation of liability, indemnification, privacy, governing law, and any provision that should reasonably survive termination will continue to apply after termination.

Section 16 — Disclaimer of warranties

The information available through the Services is provided for general information purposes only. While we aim to keep information accurate and current, we do not guarantee that all information is complete, accurate, or always up to date.

To the fullest extent permitted by applicable law, the Services and products are provided on an “as is” and “as available” basis, without express or implied warranties, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that the Services will always be uninterrupted, timely, secure, or error-free.

Nothing in these Terms excludes or limits warranties, statutory rights, or remedies that cannot lawfully be excluded or limited, including mandatory consumer rights that apply in your country of residence.

Section 17 — Limitation of liability

To the fullest extent permitted by applicable law, GlowSmith, Aria Cortex Limited, our affiliates, directors, officers, employees, contractors, suppliers, licensors, service providers, and Shopify and its affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, savings, data, goodwill, or replacement costs arising from your use of the Services or products purchased through them.

Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence where applicable law does not permit such exclusion, or mandatory consumer rights.

Section 18 — Indemnification

You agree to indemnify, defend, and hold harmless GlowSmith, Aria Cortex Limited, Shopify, and our respective affiliates, directors, officers, employees, agents, contractors, licensors, and service providers from claims, losses, damages, liabilities, and expenses, including reasonable legal fees, arising out of or related to:

Your breach of these Terms.
Your violation of applicable law.
Your infringement of the rights of another person or entity.
Your misuse of the Services.

This section applies only to the extent permitted by applicable law.

Section 19 — Severability

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law. The unenforceable portion will be treated as severed, and the remaining provisions will remain in full force and effect.

Section 20 — Waiver and entire agreement

Our failure to enforce any right or provision of these Terms does not waive that right or provision.

These Terms, together with any policies and operating rules posted on the Services, form the entire agreement between you and GlowSmith regarding your use of the Services and replace any prior or contemporaneous agreements, communications, or proposals relating to the Services.

Any ambiguity in these Terms will not be interpreted against the party that drafted them.

Section 21 — Assignment

You may not transfer, assign, delegate, or otherwise dispose of your rights or obligations under these Terms without our prior written consent.

We may transfer, assign, or delegate our rights and obligations under these Terms where permitted by law, including as part of a merger, acquisition, restructuring, sale of assets, or transfer of business.

Section 22 — Governing law

These Terms are governed by and interpreted in accordance with the laws of Ireland.

If you are a consumer residing in the European Union, you may also benefit from mandatory protections provided by the laws of your country of residence. Nothing in these Terms removes or limits those mandatory rights.

Any dispute will be subject to the jurisdiction of the courts of Ireland, except where applicable consumer-protection law allows you to bring proceedings in the courts of your country of residence.

Section 23 — Headings

Headings are included for convenience only and do not affect the interpretation of these Terms.

Section 24 — Changes to these Terms

You can review the most current version of these Terms at any time on this page.

We may update these Terms from time to time to reflect changes to our business, products, operations, legal obligations, or the Services. Where required by law, we will notify you of material changes.

Your continued use of the Services after the effective date of an updated version of these Terms constitutes acceptance of the revised Terms, except where applicable law requires another form of consent.