Terms of condition – dAILY RIVER

Last update: December 18, 2020

1. Definitions
2. Scope / applicability of general terms and conditions
3. Description of services / products
4. Agreement
5. Price / payment
6. Liability
7. Intellectual Property
8. Governing Law / Rights
9. Contact person

1. Definitions

Definitions:

1. Daily River: Daily River, established in Zoetermeer under Chamber of Commerce no. 78251052 and VAT identification no. NL003307254B1
2. Customer: the person with whom Daily River has entered into an agreement.
3. Parties: Daily River and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.
5. Contact: info@dailyriver.eu and 085-06 05 185.

Overview

This website is operated by Daily River. Throughout the site, the terms “we”, “us” and “our” refer to Daily River. Daily River provides this website, including all information, tools and services available from this site, to you, the customer, provided that you agree to all terms, policies and notices stated here.

By visiting our site and / or purchasing from us, you participate in our “Service” and agree to the following terms (“Terms of Service”, “Terms”), including the additional terms and conditions and the policies referenced herein and / or available by hyperlink. These terms and conditions apply to all users of the site, including but not limited to users who are browsers, sellers, customers, merchants and / or content contributors.

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

Any new features or tools added to the current store are also subject to the terms and conditions. You can review the most current version of the terms and conditions at any time on this page. We reserve the right to update, change or replace any part of these terms and conditions by posting updates and / or changes on 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

If the customer has ordered one of the CBD oils, be aware that the oil may leak if oil gets into the sleeve during transport. Daily River therefore does not recommend transporting the oil

Access to the website

Access to the website and use is strictly personal. You will not use this website or the data and information provided on it for commercial, political or advertising purposes, or for any commercial offers, and in particular not for unsolicited electronic offers.

The content of the website

All brands, images, texts, comments, illustrations, (animation) pictures, video images, sounds, as well as all technical applications that are used to make the website function and more generally all parts used on this site are protected by the law by intellectual property rights. Any reproduction, repetition, use or adaptation, in any way whatsoever, of the whole or only part thereof, including the technical applications, without the prior written permission of the controller, is strictly prohibited. If the administrator does not immediately take action against any infringement, this cannot be construed as tacit consent or the waiver of legal action.

The management of the website

For the proper management of the website, the administrator can at any time:

– Suspend, interrupt or limit access to a certain category of visitors to all or part of the website.
– Delete all information that may disrupt the functioning of the website or is contrary to national or international law or is contrary to internet etiquette.
– Have the website temporarily unavailable in order to perform updates

Responsibilities

The administrator is in no way responsible for failures, malfunctions, difficulties or interruptions in the functioning of the website, as a result of which the website or one of its functionalities is not accessible. The way in which you connect to the website is your own responsibility. You must take all appropriate measures yourself to protect your equipment and your data against virus attacks on the internet, among other things. You are also responsible for the websites and information that you consult on the internet.

The administrator is not liable for legal proceedings against you:

– Due to the use of the website or services accessibility via the internet.
– For violating the terms of this privacy policy.

The administrator is not responsible for any damage you incur yourself, third parties or your equipment as a result of your connection to or use of the website. You will refrain from any action against the administrator as a result.

If the administrator becomes involved in a dispute as a result of your use of this website, he is entitled to recover from you any damage he suffers and will suffer as a result.

 

2. Scope / applicability of general terms and conditions

Applicability of general terms and conditions

1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Daily River.
2. Parties can only deviate from these terms and conditions if they have explicitly agreed to do so in writing.
3. The parties explicitly exclude the applicability of additional and / or deviating general terms and conditions of the customer or third parties

Online Store Terms

1. By agreeing to these terms and conditions, you certify that you are at least the age of majority in your state or province of residence, or that you are of majority in your state or province of residence and that you have given us consent to allow any of your minor dependents to use this site.
2. You must not use our products for any illegal or unauthorized purpose, and you must not violate any laws in your jurisdiction (including but not limited to copyright laws) when using the service.
3. You must not transmit any worms or viruses or any code of a destructive nature.
4. A breach or violation of any of the Terms will result in an immediate termination of your services.

Terms and Conditions

1. We reserve the right to refuse service to anyone at any time for any reason.
2. You understand that your content (other than credit card information) may be transferred unencrypted and that there may be (a) transfers across different networks; and (b) changes to meet and adapt to the technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
3. You agree that you will not reproduce, duplicate, copy, sell, resell or resell any part of the service, use of the service or access to the service or any contact on the website through which the service is provided. exploit without our express written permission.
4. Headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, completeness and topicality of the information

1. We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is for general information only and should not be used as the sole basis for making decisions without reference to primary, more accurate, more complete or timely sources of information. Any reliance on the material on this site is at your own risk.
2. This site may contain certain historical information. Historical information is not necessarily current and is provided for reference only. We reserve the right to change the content of this site at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site

 

3. Description of services / products

Products or services

1. Certain products or services may only be available online through the website. These products or services may have a limited quantity and can only be exchanged or returned according to our return policy.
2. We have made every effort to reproduce as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
3. We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region or jurisdiction. We can exercise this right on a case-by-case basis. We reserve the right to limit the quantities of the products or services we offer. All descriptions of products or product pricing are subject to change at any time, without notice, in our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited.
4. We do not warrant that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations or that any errors in the service will be corrected

 

4. Agreement

Optional tools

We may provide you with access to third-party tools that we do not supervise, have any control or input.

1. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranty, representation or condition of any kind and without endorsement. We have no liability whatsoever for or in connection with your use of optional third-party tools.
2. 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 aware of the terms and conditions under which the tools are offered by the applicable third party (ies) and that you approve it.
3. We may also offer new services and / or features through the website in the future (including the release of new tools and resources). Such new functions and / or services are also subject to these terms of use.

Errors, inaccuracies and omissions

1. From time to time, 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 costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or to cancel orders if the information in the Service or on any related website at any time without notice (including after you submitted your order) is inaccurate.
2. We make no commitment to update, change or clarify any information in the Service or on any related website, including, but not limited to, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be used to indicate that any information in the service or on any related website has been changed or updated

Samples / models

If the customer has received a sample or model of a product, then he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond with the sample or model. .

Consequences of late payment

1. If the customer does not pay within the agreed term, Daily River is entitled to charge an interest of 1% per month from the day that the customer is in default, whereby part of a month is counted as a whole month.
2. If the customer is in default, he will also owe extrajudicial collection costs and any compensation to Daily River.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, Daily River may suspend its obligations until the customer has fulfilled his payment obligation.
5. In the event of liquidation, bankruptcy, seizure or moratorium on the part of the customer, the claims of Daily River on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by Daily River, he is still obliged to pay the agreed price to Daily River.

Returns

1. A consumer can repudiate an online purchase during a cooling-off period of 14 days without giving any reason on the conditions that:

• The product has not been used
• It is not a product that can spoil quickly, such as food or flowers
• It is not a product that has been specially tailored or adapted for the consumer
• It is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
• The seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.)
• The product is not a travel, transport ticket, catering order or form of leisure activity
• The product is not a separate magazine or newspaper
• It does not concern an (order for) urgent repair
• The consumer has not waived his right of withdrawal

2. The reflection period of 14 days as referred to in paragraph 1 commences:

• On the day after the consumer has received the last product or part of 1 order
• As soon as the consumer receives the first product
• Received a subscription
• As soon as the consumer has purchased a service for the first time
• As soon as the consumer has confirmed that he will purchase digital content via the interne

3. The consumer can make his appeal to the right of withdrawal known via info@dailyriver.eu, if desired using the withdrawal form that can be downloaded via the following link: Model withdrawel form – Daily River.
4. The consumer is obliged to return the product to Daily River within 14 days after notification of his right of withdrawal, failing which his right of withdrawal will lapse.
5. If the purchase costs incl. The other costs, such as shipping costs, administration costs, etc. (with the exception of any additional costs arising from the customer’s choice for a delivery method other than the cheapest standard delivery offered by us), according to law, for reimbursement in Daily River will reimburse these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Daily River in a timely manner. For this refund we use the same payment method that the customer used for the original transaction, unless expressly agreed otherwise with the customer; under no circumstances will this refund be charged to the customer.

Daily River may refuse the refund until we have received the goods back or until the customer has provided proof that the customer has returned the goods, whichever comes first. The customer must return or hand over the goods to us without delay and in any case within fourteen days from the date on which the customer notifies us of the termination of this agreement. This deadline is deemed to have been met if you send the goods before the expiry of the fourteen-day period. Daily River will bear the costs of returning the goods.

The customer is only liable for the loss of value of the goods if this loss of value is the result of handling the goods which is not necessary for testing the nature, properties and functioning of the goods.
6. Daily River is not liable for lost packages when returned by the customer

Late or missing refunds

If you haven’t received a refund yet:

1. First check your bank account again.
2. Please contact your credit card company, it may take some time for your refund to be officially posted.
3. Then contact your bank. There is often some processing time before a refund is posted.
4. If you’ve done all of this and you still have not received your refund yet, please contact us at info@dailyriver.eu.

Prohibited Uses

In addition to other prohibitions set forth in the terms and conditions, you are prohibited from using the site or any of its content: (a) for any unlawful purpose; (b) to solicit others to commit unlawful acts or to participate in unlawful acts; (c) to violate any international, federal, provincial, or state ordinance, rule, law, or local ordinance; (d) to violate or violate our intellectual property rights or the intellectual property rights of others; (e) harassing, abusing, insulting, harming, vilifying, defaming, belittling, intimidating or discriminating on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) providing false or misleading information; (g) to upload or transmit viruses or other types of malicious code that will or may in any way use the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track personal information from others; (i) to use spam, phish, pharm, pretense, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to circumvent 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.

Exclusion or premature termination of the right of withdrawal

The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer.

In addition, the right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return shipment for reasons of health protection or hygiene

Registration on the Daily River website

1. Daily River allows the customer to register at www.dailyriver.eu by clicking the “register” button to register and open a customer account. Registration is purely voluntary to simplify future orders. Registration is not required to place an order.
2. The customer is obliged to treat his personal access data confidentially and not to make it available to unauthorized third parties.
3. Registration with Daily River is free. There is no right to registration. Daily River can also link the registration to further requirements (e.g. checking the registration data). The customer is obliged to provide correct and accurate information during registration. Changes to the data must be communicated by the customer to avoid costs if the customer wants to place a new order. In particular, the customer must provide his full name, address and email address. Daily River reserves the right to effectively send all statements to be made to customers to the customer’s email address, unless a more stringent form is required by law or agreement.
4. The personal data stored during registration is stored by us so that the customer can log in again at any time with his access data. The customer can find more information in the privacy statement and cookie statement available at https://www.dailyriver.eu/privacy-policy/

Delivery

1. Delivery takes place while stocks last.
2. Delivery takes place at Daily River, unless the parties have agreed otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed amounts are not paid or not paid on time, Daily River has the right to suspend its obligations until the agreed part has been paid.
5. Late payment constitutes a creditor’s default, with the result that the customer cannot object to a late delivery against Daily River.
6. Starting from € 50, –  or €75 the customer receives free shipping on selected countries within Europe. The delivery costs in other countries within Europe are for the account of the buyer. See our Payment, Shipping & Return statement for more information.
7. In exceptional cases the delivery times can be longer than indicated due to bottlenecks in the delivery or other unforeseen circumstances. In particular, Daily River has no influence on delivery delays caused by the shipping company. In case of foreign orders, the delivery may be delayed accordingly.

Delivery time

1. The delivery times stated by Daily River are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have explicitly agreed otherwise in writing.
2. The delivery time commences when the customer has fully completed the (electronic) ordering process and has received (electronic confirmation) from Daily River.
3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Daily River cannot deliver within 14 days after being reminded in writing or the parties have agreed otherwise in this regard

Actual delivery

Transport costs are at the expense of the customer, unless the parties have agreed otherwise.

Packaging and shipping

1. If the packaging of a delivered product is opened or damaged, the customer must, before receiving the product, have a note drawn up by the forwarder or delivery person, failing which Daily River cannot be held liable. for any damage.
2. If the customer himself arranges for the transport of a product, he must report any visible damage to products or the packaging to Daily River prior to transport, in the absence of which Daily River cannot be held liable for any damage.
3. The risk of damage and / or loss of the product rests with Daily River until the moment of delivery to the customer or a pre-designated representative notified to Daily River, unless otherwise agreed.
4. Daily River customers will be notified once the package has been shipped.

Retention

1. If the customer does not purchase the ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
2. Any additional costs as a result of premature or late purchase of products are entirely at the expense of the customer

Guarantee

1. A legal guarantee applies to the products of Daily River: right to a good product, of 6 months. The customer must be able to prove that the delivery of a bad product was delivered by Daily River. The customer must meet the following conditions:

– The customer has used the product in a normal way.
– The customer did not destroy or damage the product himself.
– It’s not normal wear and tear.
– The customer has maintained the product well.
– The customer at Daily River complains within two months after the customer discovered that the product is not good.
2. The warranty with regard to products applies only to defects caused by faulty manufacture, construction or material.
3. The guarantee does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when they are legally and / or actually delivered, or at least come under the control of the customer or from a third party who takes delivery of the product on behalf of the customer.
5. Daily River does not warrant that the results obtained from the use of the service will be accurate or reliable.

Exchange

1. Exchange is only possible if the following conditions are met:

• Exchange takes place within 14 days after purchase on presentation of the original invoice
• The product will be returned in the original packaging or with the original (price) tags still attached
• The product has not been used yet

2. Discounted items, non-perishable items such as food, custom made items or items specially adapted for the customer and Ebooks cannot be exchanged.
3. When the customer wants to exchange a product, the customer must send a message to info@dailyriver.eu. Please specify / insert the following in the email:

• The invoice
• Reason for exchange
• For which product the customer would like to exchange

4. Any additional costs for exchanging the products, such as shipping costs, are for the account of the customer

Disclaimer

The customer indemnifies Daily River against all claims from third parties related to the products and / or services provided by Daily River.

Complaints

1. The customer must examine a product or service provided by Daily River as soon as possible and examine any shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Daily River of this as soon as possible, but in any case within 1 month after discovery of the shortcomings. .
3. Consumers must inform Daily River of this within 2 months after discovery of the shortcomings.
4. The customer provides a description of the shortcoming that is as detailed as possible, so that Daily River is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this cannot in any case lead to Daily River being obliged to perform other work than agreed.

Notice of default

1. The customer must notify Daily River of any notice of default in writing.
2. It is the customer’s responsibility that a notice of default actually reaches Daily River (on time)

 

5. Prices / payment

Prices

1. All prices that Daily River uses are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
2. All prices that Daily River uses for its products or services, its website or that are otherwise made known, Daily River can change at any time.
3. Increases in the cost prices of products or parts thereof, which Daily River could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
5. Daily River encrypts all customer information with the SSL (Secure Socket Layer) protocol. This means that unauthorized persons are not allowed to see the customer’s data.
6. Any refunds will be automatically credited to the account used by the customer for payment. In case of payment by invoice and advance payment, the transfer is sent to the account from which the transfer was made.

Pay securely

1. Daily River encrypts all customer information with the SSL (Secure Socket Layer) protocol. This means that unauthorized persons are not allowed to see the customer’s data.

 

6. Liability

Joint and several liability of the customer

If Daily River enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts owed to Daily River under that agreement.

Liability Daily River

1. Daily River is only liable for any damage suffered by the customer if and insofar as such damage is caused by intent or deliberate recklessness.
2. If Daily River is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
3. Daily River is never liable for indirect damage, such as consequential damage, loss of profit, lost savings or damage to third parties.
4. If Daily River is liable, this liability is limited to the amount that is paid out by a concluded (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to (part of the) invoice amount to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and / or (partial) dissolution of the agreement and / or suspension of any commitment.
6. The risk of damage and / or loss of the product rests with Daily River until the moment of delivery to the customer or a pre-designated representative notified to Daily River, unless otherwise agreed.
7. If the customer has ordered one of the CBD oils, be aware that the oil may leak if oil gets into the sleeve during shipping. Daily River therefore does not recommend transporting the oil
8. The above limitations of liability also apply in favor of the seller’s legal representatives and deputies.
9. The above limitations of liability do not apply if the seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods. The same applies to claims of the buyer under the product liability law.

Disclaimer of Warranties; limitation of liability

1. We do not warrant, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
2. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
3. You agree that we may remove the service from time to time indefinitely or cancel the service at any time without prior notice.
4. You expressly agree that your use of, or inability to use, the service is at your own risk. The Service and all products and services provided to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranty or condition of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
5. In no event will Green Harvey, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, health issue, illness, physical problem, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost earnings, lost savings, loss of data, replacement costs, or any similar damages, whether based on a contract, tort (including negligence), strict liability, or otherwise, arising out of your use of any of the services or products purchased using the service, or for any other claim related in any way to your use of the service or a product, including, but not limited to, any errors or omissions in the content, or and any loss or damage of any kind as a result of using the service or any content (or product) posted, transmitted or otherwise made available through the service, even if you have been advised of the possibility thereof . In no event will Green Harvey be liable for any recommendations, health claims, statements, or any other advice or information provided on the website or any other form of communication. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law

Compensation

You agree that Daily River and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees will indemnify against any claim or demand, including reasonable attorneys’ fees, incurred by a third party is submitted as a result of or arising out of your breach of these terms and conditions or the documents they contain by reference, or your violation of any law or the rights of a third party.

Security

In the event that any provision of these terms and conditions is held to be illegal, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be separate from these terms and conditions. terms, such provision will not affect the validity and enforceability of the remaining provisions.

Expiration period

Any right of the customer to compensation from Daily River will in any case lapse 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Dutch Civil Code.

Right to cancel

1. The customer has the right to dissolve the agreement if Daily River fails attributably in the fulfillment of its obligations, unless this shortcoming does not justify the dissolution in view of its special nature or minor significance.
2. If the fulfillment of the obligations by Daily River is not permanent or temporarily impossible, dissolution can only take place after Daily River is in default.
3. Daily River has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if Daily River has become aware of circumstances that give him good grounds to fear that the customer will not be able to properly fulfill its obligations

Termination

1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
2. These terms of service are effective unless and until terminated by you or us. You can terminate these terms of service at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
3. If, in our sole judgment, you fail, or if we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this Agreement at any time without notice and you will remain liable for all amounts that are due up to and including the date of termination; and / or accordingly, you may be denied access to our Services (or any portion thereof).

Force of the majority

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure of Daily River to fulfill any obligation towards the customer cannot be attributed to Daily River in a situation independent of Daily River’s will, as a result of which the fulfillment of his obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of his obligations cannot reasonably be expected of Daily River.
2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to -: a state of emergency (such as civil war, uprising, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather conditions and work stoppages.
3. If a force majeure situation arises as a result of which Daily River cannot fulfill 1 or more obligations towards the customer, then. The obligations are suspended until Daily River can meet them again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. In a force majeure situation, Daily River does not owe any (damage) compensation, even if it enjoys any advantage as a result of the force majeure situation.

 

7. Intellectual Property

Retention of title

1. Daily River remains the owner of all delivered products until the customer has fully complied with all of its payment obligations to Daily River under any agreement with Daily River, including claims for non-performance.
2. Until they can invoke its retention of title and take back the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If Daily River invokes its retention of title, the agreement will be deemed dissolved and Daily River has the right to claim compensation, lost profit and interest.

 

8. Governing Law / Rights

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.

Right of retention

1. Daily River can invoke its right of retention and in that case retain the customer’s products until the customer has paid all outstanding accounts with regard to Daily River, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Daily River.
3. Daily River is never liable for any damage that the customer might suffer as a result of using his right of retention.

Right of Complaint

1. As soon as the customer is in default, Daily River is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
2. Daily River invokes the right to complain by means of a written or electronic communication.
3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Daily River, unless the parties make other agreements about this.
4. The costs for the return or return of the products are at the expense of the customer.

Settlement

Unless the customer is a consumer, the customer waives his right to set off any debt owed to Daily River against a claim owed to Daily River

Changes to general terms and conditions

1. Daily River is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Daily River will discuss major substantive changes with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of Rights

1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Daily River.
2. This provision applies as a clause with property law effect as referred to in Section 2:83, subsection 2, of the Dutch Civil Code.

Consequences of nullity or voidability

1. If one or more provisions of these general terms and conditions turn out to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Daily River had in mind when drawing up the conditions on that point.

Entire Agreement

1. Failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.
2. The general terms and conditions apply unless additional terms and conditions have been agreed in writing between the Parties

Applicable law a competent court

1. Dutch law is exclusively applicable to every agreement between the parties.
2. The Dutch court in the district where Daily River is established / has a practice / has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

 

  1. Contact

E-mail: info@dailyriver.eu