Definitions
1. Dailybrands Europe B.V.: Dailybrands Europe B.V.,
established at Tielweg 16, 2803PK, Gouda under Chamber
of Commerce number 89456971.
2. Customer: the other party with whom Dailybrands Europe
B.V. has entered into an agreement.
3. Parties: Dailybrands Europe B.V. and the customer
together.
4. Dailybrands Europe B.V. does not do business with
consumers. These conditions are therefore B2B.
Applicability of delivery conditions
1. These terms apply to all activities, orders, agreements
and deliveries of services or products by or on behalf of
Dailybrands Europe B.V.
2. Deviations are only valid if expressly agreed upon in
writing.
3. Additional and/or deviating general and/or delivery
conditions of the customer or third parties are explicitly
excluded.
Consequences of not paying on time
1. Unless agreed otherwise, payment shall be made in
euros, without any deduction, compensation or discount.
2. Statutory commercial interest of 3% per month applies in
case of late payment.
3. In case of default, the extrajudicial collection costs are
due in accordance with the provisions of the Dutch
Extrajudicial Collection Costs Standardisation Act (Wet
normering buitengerechtelijke incassokosten). Application
of the UN Convention on Contracts on the International Sale
of Goods (CISG /Weens Koopve r drag ) is excluded.
4. Collection costs are calculated in accordance with
“Besluit vergoeding voor buitengerechtelijke incassokosten”.
5. Obligations of Dailybrands Europe B.V. are suspended
until payment is fulfilled.
6. In case of liquidation, bankruptcy, or suspension of
payment, all claims are immediately due.
7. Refusal to cooperate
Right of recovery (“Recht van reclame”)
1. Dailybrands Europe B.V. may reclaim unpaid products
upon default.
2. Reclamation is made via written or electronic notice.
3. Customer must return the goods immediately unless
agreed otherwise.
4. Return costs are borne by the customer.
Right of suspension
Customer waives the right to suspend obligations arising from this agreement.
Packaging and shipping
1. Customer must report damage upon receipt.
2. Customer must report visible damage before own
transport.
Storage
1. Delayed receipt risks are on the customer.
2. Additional storage costs are borne by the customer.
Guarantee
1. Only defects from manufacturing or material are covered.
2. No warranty for normal wear, misuse or undetermined
causes.
3. Risk transfers to customer upon delivery.
Disclaimer
Customer indemnifies Dailybrands Europe B.V. from thirdparty claims related to products/services.
Complaints
1. Products/services must be inspected promptly.
2. Defects must be reported within 1 month.
3. Detailed description of defects required.
4. Proof of agreement needed.
5. Ongoing work complaints do not alter agreed work scope.
Notice of default
1. Must be issued in writing.
2. Customer bears responsibility for correct delivery of
notice.
Joint and several liability
Multiple customers are jointly liable for full payment.
Liability
1. Liability only in case of intent or gross negligence.
2. Limited to direct damage.
3. No liability for indirect damage.
4. Maximum liability equals the invoice amount or insurance
payout.
5. Visual materials are indicative and non-binding.
Expiry period
All claims expire 12 months after the event, subject to
Section 6:89 BW.
Right to dissolution – by court only
1. Dissolution only possible if obligations are not met and
justified.
2. Requires formal default.
3. Dailybrands Europe B.V. may dissolve if justified concerns exist.
Right of retention
1. Dailybrands Europe B.V. may retain goods until all
payments are made.
2. This right also applies to earlier unpaid agreements.
3. Dailybrands Europe B.V. is not liable for damages caused
by exercising this right.
Settlement
Customer waives any right to offset claims against
Dailybrands Europe B.V.
Retention of title
1. Dailybrands Europe B.V. retains ownership until full
payment.
2. Goods can be reclaimed under retention of title.
3. Customer may not pledge, sell or encumber products
prior to transfer of ownership.
4. In case of retention invocation, the agreement is deemed
dissolved.
Delivery
1. Delivery is subject to availability.
2. Default delivery takes place at Dailybrands Europe B.V.
unless otherwise agreed.
3. Online orders are delivered to the customer’s provided
address.
4. Dailybrands Europe B.V. may suspend delivery upon nonpayment.
5. Creditor default applies in case of late payment.
Delivery time
1. Stated delivery times are indicative.
2. Delivery time starts upon written or electronic
confirmation.
3. No rights to compensation or dissolution unless explicitly
agreed.
Actual delivery
Customer must ensure actual delivery is possible.
Delivery and transfer of risk
Risk passes to the customer upon delivery of the goods, in
accordance with agreed delivery terms.
Transportation costs
Transportation costs are borne by the customer unless
agreed otherwise.
No right to dissolve – unless court decides
Customer waives dissolution rights except by court ruling.
Force majeure
1. Independent circumstances preventing obligations are
considered force majeure.
2. Includes war, natural disasters, IT failures, government
actions, etc.
3. Obligations suspended during force majeure.
4. After 30 days, either party may dissolve the agreement.
5. No compensation owed during force majeure.
Change of terms
1. Dailybrands Europe B.V. may modify these terms.
2. Minor changes anytime; major ones discussed.
3. Consumers may cancel upon major changes.
Transfer of rights
1. Customer rights are non-transferable without written
consent.
2. Clause is enforceable under property law (Art. 3:83(2)
BW).
Nullity or voidability
1. Invalid terms do not affect other terms.
2. Invalid provisions will be replaced by intended
alternatives.
Applicable law and jurisdiction
1. Dutch law applies exclusively.
2. Dutch court in the district of The Hague has exclusive
jurisdiction.
Effective date
These terms have been in effect since June 01, 2025.
English translation disclaimer
This is a translation. The Dutch version prevails in case of
discrepancies.