Terms of Service

OVERVIEW

This website/application is operated by team. Throughout the website/application, the terms “we”, “us” and “our” refer to the DailyardEU team. DailyardEU offers this website/application, 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 AND CONDITIONS”, “Terms”), including those additional terms, conditions and policies referenced herein and/or available by hyperlink. These TERMS AND CONDITIONS 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 AND CONDITIONS carefully before accessing or using our website/application. 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 the terms and conditions of this agreement, then you may not access the website/application or use any services. If these TERMS AND CONDITIONS are considered an offer, acceptance is expressly limited to these TERMS AND CONDITIONS.

Any new features or tools which are added to the current store shall also be 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 intend to notify you of material changes to these Terms in a reasonable manner prior to them taking effect. We reserve the right to update, change or replace any part of these TERMS AND CONDITIONS by posting updates and/or changes to our website/application. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website/application following the effective date of posted changes constitutes acceptance of those changes, provided that such acceptance does not override any mandatory statutory consumer rights under applicable European Union or national laws.

SECTION 1- ONLINE STORE TERMS

By agreeing to these TERMS AND CONDITIONS, you may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any applicable European Union and national laws of EU Member States, including intellectual property rules under Directive (EU) 2019/790 on copyright in the Digital Single Market.

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 immediate suspension or termination of your Services, without prejudice to any other legal remedies available to us.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone, subject to mandatory EU nondiscrimination rules applicable to online trade. You understand that your content (not including payment 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. Payment 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/application through which the service is provided, without our express written permission.

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, without prejudice to mandatory rights of consumers under applicable law. 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 general 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, save for rules applicable to distance-sales consumer contracts under Directive 2011/83/EU.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time, to the fullest extent permitted by applicable law.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service, this limitation shall not apply to claims arising out of mandatory statutory consumer rights.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website/application. These products or services may have limited quantities and are subject to return or exchange according to our Return Policy and in compliance with the statutory withdraw-alright rules laid down in Directive 2011/83/EU and the legal-guarantee requirements set by Directive (EU) 2019/771 (minimum two-year legal guarantee for tangible goods for consumers).

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

Subject to EU-law prohibitions on unjustified geographic discrimination, 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 our sole discretion subject to applicable mandatory consumer law. 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 by law.

Nothing in these Terms excludes or restricts your statutory consumer-law rights. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations beyond mandatory statutory-guarantee obligations.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us, subject to applicable mandatory law. 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 payment 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 email 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 payment-card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Return Policy, which implements the statutory 14-day withdraw-alright for distance contracts as provided in Directive 2011/83/EU.

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” to the maximum extent permitted by applicable law, without any warranties, representations or conditions of any kind and without any endorsement. This clause shall not affect mandatory statutory rights of consumers. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools, to the maximum extent permitted by law.

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/application (including, the release of new tools and resources). Such new features and/or services shall also be subject to these TERMS AND CONDITIONS.

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, subject to applicable law. 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, this does not limit non-excludable statutory rights.

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, to the maximum extent permitted by law. 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 grant to us a worldwide, nonexclusive, royalty-free, perpetual, transferable licence to 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 rights or these TERMS AND CONDITIONS.

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 under EU and national legislation. 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/application. You may not use a false email 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, subject to applicable mandatory law.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, prepared in compliance with Regulation (EU) 2016/679 (GDPR).

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/application is inaccurate at any time without prior notice, provided this complies with mandatory consumer protection rules under EU law.

We undertake no general obligation to update, amend or clarify information in the Service or on any related website/application, 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/application, should be taken to indicate that all information in the Service or on any related website/application has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the TERMS AND CONDITIONS, 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 applicable European Union law and national laws of EU-Member-States;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others under EU copyright and trademark law;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate on prohibited grounds under EU anti-discrimination law;

(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/application, other websites, or the Internet;

(h) to collect or track the personal information of others in breach of GDPR;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape in violation of applicable law;

(j) for any obscene or immoral purpose;

(k) to interfere with or circumvent the security features of the Service or any related website/application, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website/application for violating any of the prohibited uses, without prejudice to further remedies.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

These warranty disclaimer and liability limitation clauses apply to the fullest extent permitted by applicable law. They shall not apply to consumers’ non-excludable statutory rights; in particular they cannot exclude liability for death or personal injury caused by our negligence, fraud, fraudulent misrepresentation, or damages under Article 82 GDPR.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free, save for obligations imposed by mandatory law.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable, save for obligations imposed by mandatory law.

You agree that from time to time we may remove the service for periods of time or cancel the service at any time, subject to applicable law requirements.

You expressly agree that your use of, or inability to use, the service is at your own risk to the extent permitted by law. The service and all products and services delivered to you through the service are provided ‘as is’ and ‘as available’. Nothing in this paragraph removes statutory consumer guarantees under Directive (EU) 2019/771.

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any indirect, incidental, punitive, special, or consequential damages (including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs), whether based in contract, tort (including negligence) or otherwise, arising from your use of any of the service or any products procured using the service, to the maximum extent permitted by applicable law.

Where you are a business user, our total aggregate liability to you for all claims arising under or in connection with these Terms shall be capped at the total amount paid by you to us during the twelve-month period immediately preceding the claim-event.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees 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 AND CONDITIONS or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

This indemnification obligation shall not be imposed on consumers to the extent it would constitute an unfair contract term under Directive 93/13/EEC.

SECTION 15 - SEVERABILITY

In the event that any provision of these TERMS AND CONDITIONS is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable European Union and national 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 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, to the extent permitted by law.

These TERMS AND CONDITIONS are effective unless and until terminated by either you or us. You may terminate these TERMS AND CONDITIONS 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 AND CONDITIONS, we also may terminate this agreement at any time without notice, subject to mandatory consumer law provisions; 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 AND CONDITIONS shall not constitute a waiver of such right or provision under applicable law.

These TERMS AND CONDITIONS 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 AND CONDITIONS).

Any ambiguities in the interpretation of these TERMS AND CONDITIONS shall not automatically be construed against the drafting party; this rule does not override mandatory rules of national contract law.

SECTION 18 - CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the TERMS AND CONDITIONS at any time at this page.

We will notify you of material changes in good time before they enter-into-force. We reserve the right, at our sole discretion, to update, change or replace any part of these TERMS AND CONDITIONS by posting updates and changes to our website/application. It is your responsibility to check our website/application periodically for changes. Your continued use of or access to our website/application or the Service following the effective date of any changes constitutes acceptance of those changes, provided such acceptance does not override any mandatory statutory rights.

SECTION 19 - GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and Conditions are subject to Regulation (EC) No 593/2008 (Rome-I).

If you are a consumer residing within the European Economic Area (EEA), you shall benefit from all mandatory statutory protections granted by the law of your country of habitual residence. No choice of law provision in these Terms may deprive you of such mandatory consumer law protections. You are entitled to bring any dispute arising out of these Terms before the courts of your habitual residence EEA Member State.

For business users (non-consumers), any dispute arising out of or in connection with these Terms shall be governed by the general conflictof law rules under Rome-I; no exclusive choice of forum is agreed between the parties.

Questions about the Terms of Service should be sent to us at info@dailyardeu.com