Terms of service

OVERVIEW
This website is operated by NAYA Skincare Ltd. Throughout the site, the terms “we”, “us” and “our” refer to NAYA. NAYA offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including 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.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we 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 whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site 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 third-parties.
We are not liable for any 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 review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall NAYA Glow, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless NAYA Glow and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@nayaglow.com.

 

SECTION 21 - GIFT VOUCHERS, PROMO CODES, OFFERS, GIVEAWAYS & Co

Gift Vouchers
NAYA Gift Vouchers can be redeemed at www.nayaglow.com .

The gift voucher and any remaining balance are redeemable until the end of the third year following the year of purchase of the gift voucher. The voucher can only be redeemed before the order process is completed. Subsequent offsetting is not possible. Only one voucher can be redeemed per order. The voucher can only be used for the purchase of goods and not for the purchase of further vouchers. Voucher credit is neither paid out in cash nor does it earn interest. The voucher is transferable. The Seller may make payment to the respective holder with discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

 

Promo Codes, Offers

Only one Gift Code can be used per transaction.

Once the expiry date has passed the code will expire.

No credit or cash will be exchanged.

Site-wide offers and promotions cannot be applied to Gift Cards, Skincare Discovery Collection. 

We reserve the right not to apply a discount post-purchase. All promo codes must be applied by the customer at checkout during their purchase. 

These promotions are online exclusive offers only available at www.nayaglow.com. When shopping in currencies other than EUR, the spend threshold will differ from the EUR spend listed. For more information please contact hello@nayaglow.com.

NAYA Skincare Ltd reserves the right to withdraw or suspend the promotion code without any reason or notice. We will advise you within the order process if we cannot accept the promotion code you have entered.

The Promotion code must be entered into the correct section on the checkout page. We are unable to offer you the promotion or complimentary gift if the code has not been entered at checkout.

The promotion code is restricted to one use per order and cannot be used in conjunction with any other offer or the purchase of gift cards or discovery sets.

Promotion qualifiers and products included within an offer may vary from promotion to promotion. Below are the specific terms & conditions for current offers live:

Free Mini on Cart Level Terms & Conditions

No Money back guarantee. No cash pay out. No refund or return acceptance. 

Customer can chose one Mini only in cart if they buy a full-size at the full-price product from the EVERYDAY Collection. 

Customer is responsible for post and packaging of returned goods.

No other offers, promo codes can be combined with this offer. 

 

Giveaways

In the context of the competition, your data provided in the registration process will be used to draw and notify the winners. The data will not be published in connection with the competition. The data will not be passed on to third parties. Persons over the age of 18 are eligible to participate in this competition. Minors under the age of 18 and persons who use unauthorised aids or otherwise gain an advantage through manipulation as well as participants who provide false information about themselves are excluded. In the event of a breach of these conditions of participation, we reserve the right to exclude persons from the competition and not to pay out prizes. In such cases, prizes may also be subsequently disallowed and reclaimed.

We reserve the right to cancel or terminate the competition at any time without prior notice if, for technical reasons (e.g. viruses in the computer system, manipulation or errors in the hardware and/or software) or for legal reasons, proper implementation of the competition cannot be guaranteed.

Depending on the nature of the competition, further provisions may be applicable in addition to these general terms and conditions. The special conditions of participation of the respective competition must be observed; in case of conflict, they take precedence over these general conditions. Violation of the general or special terms and conditions of the competition, influencing the equality of opportunities through technical manipulation, the transmission of false personal data or a comparably serious violation will result in exclusion from participation, if necessary at a later date.

Cash payment, payment in other material assets or exchange of the prizes is not possible. The prizes are not transferable. Participation is free of charge and does not entail any obligation.

 

SECTION 22 - SUBSCRIPTION POLICY

Automatic Renewal. Your subscription will continue indefinitely until terminated in accordance with the Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at NAYA’ then-current price for such subscription.  You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at least thirty (30) days prior to the Renewal Commencement Date, by logging into and going to the “Change/Cancel Membership” page of your “Account Settings” page or by email us at hello@nayaglow.com .  If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, please contact NAYA at hello@nayaglow.com or log in and go to the “Change/Cancel Membership” page on your “Account Settings” page.  If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires.  However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.  By subscribing, you authorise NAYA to charge your Payment Provider now, and again at the beginning of any subsequent subscription period.  Upon renewal of your subscription, if NAYA does not receive payment from your Payment Provider, (a) you agree to pay all amounts due on your Account upon demand and/or (b) you agree that NAYA may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

 

SECTION 23 - AFFILIATE

AFFILIATE

Paid Search Policy

Our affiliate program strictly does not allow paid search bidding on all Brand and Product keywords including variations or mispellings. This includes NAYA, Naia, naiaglow.com, etc. 

Protected SEM Bidding Keywords

You may NOT bid on any of our trademarked terms (NAYA, nayaglow.com), including any variations or misspellings thereof for search or content-based campaigns on Google, MSN, Yahoo, Facebook or any other network.

Negative Matching for Protected Keywords

Required

Recommended SEM Bidding Keywords

You may NOT use our trademarked terms in sequence with any other keyword (i.e. NAYA Coupons, NAYA Discounts).

Prohibited SEM Display URL Content

You may NOT use our trademarked terms in your ad title, ad copy, display name or as the display URL.

Prohibited SEM Ad Copy Content

You may NOT use our trademarked terms in your ad title, ad copy, display name or as the display URL.

Direct linking (Use of Display URL)

No

Special Instructions for Search Marketing Publishers

We strongly suggest you add our trademarked terms (NAYA, nayaglow.com) as negative keywords. We have a strict zero-tolerance policy on PPC trademark bidding. You will forfeit all commissions for a minimum of the past 30 days and you will be expired from our program without warning if you engage in PPC trademark bidding that uses our trademarked terms.

Coupon Policy

Coupons and Promotional Codes

Publishers may only use coupons and promotional codes that are provided exclusively through the affiliate program

Special Instructions

We reserve the right to reverse any commissions generated from unauthorized coupon codes obtained from any non-affiliate marketing channel. Posting any information about how to work around the requirements of a coupon/promotion will result in removal from the program. Furthermore, you may not use any technology that covers up the coupon code or gives the appearance that any ongoing offer requires clicking, to generates the affiliate click.

Website

Prohibited Web Site Domain Keywords

NAYA, nayaglow.com, any variations or misspellings, or NAYA as the entire domain using a domain extension other than .com (i.e. nayaglow.net)

Prohibited Web Site URL Keywords

NAYA, nayaglow.com, any variations or misspellings

Prohibited Web Site Content

Any content that is illegal, obscene, pornographic, shows nudity, indecent, offensive to the average reasonable person, threatening, abusive, libelous, defamatory, promotes racism, bigotry or hatred; infringes on any intellectual property rights or is otherwise in violation of any copyright or trademark law; in violation of any right of privacy; that promotes harmful, unlawful, seditious, or criminal activity; that could give rise to civil or criminal liability; that contains viruses, worms, Trojan Horse or other harmful files; or that appears to be from someone other than the merchant or that impersonates another person or entity.

Unacceptable Web Sites

Any web site that contains any Prohibited Web Site Content.

Use of Logos and Trademarks in Web sites

Publishers/Affiliates have the right to use our banners and logos provided within this affiliate program. No other logos or trademarks may be used without prior permission from the merchant.

Promotional Methods

Incentivized Traffic

Allowed - Affiliates must be clear on the associated incentives and cannot mislead customers to generate clicks and/or orders.

Email

Allowed - Emails must be branded as the affiliate and cannot impersonate the merchant's email. Prior permission must be received for 3rd party email buys that are outside the affiliates own subscriber list.

Software

Not allowed

Sub-Affiliates

Allowed - Must pass the sub-affiliate identifiers to monitor performance on the sub-affiliate level.

Social Media

Allowed - Affiliates may not present themselves as the merchant or impersonate the merchant or its employees in any way.