Terms of Service
Last Updated: 7 June 2022
Daily Paper LLC 228 East 45th Street, Suite 9E, New York, NY 10017, USA. email@example.com, ("Daily Paper LLC.", "dailypaperclothing.com", "us", "we" and "our"), maintains the website www.dailypaperclothing.com and any related mobile apps (collectively the “Site”) and is the seller and your contractual partner when you make transactions, e.g. buy products, though the Site. By using the Site, you ("your", "user", "users", "buyer", "buyers", "customer" and "customers") accept and agree to be bound by these Terms of Service ("Terms") and the entire Agreement (see Section 2 below). Please read it carefully.
These Terms supersedes all previous representations, understandings or agreements provided by Daily Paper LLC. All products or services and information displayed by Daily Paper LLC constitute an "invitation to offer". Your order of purchases constitutes your "offer", which shall be subject to the Terms. Daily Paper LLC reserves the right to accept or deny your offer for any reason at any time.
- "Cart" is defined in Section 4.2.
- "US" means the United States of America.
- "Daily Paper LLC" "dailypaperclothing.com", "us", "we" and "our" all mean Daily Paper LLC, and refer to your contracting party, when you use the Site. For purposes of these Terms, they also include all our affiliates which provide users the ability to purchase products listed on the Site.
- "Order Confirmation" is defined in Section 4.5.
- "Payment Information" is defined in Section 4.3.
- "Product" or "products" include any goods, products, merchandise, services, offers or display items that are displayed on the Site by its Vendors, as well as the related description, information, warranties, delivery schedule or procedure.
- "Site" means the website www.dailypaperclothing.com and any related mobile apps.
- “Submissions is defined in Section 9.4.
- "Terms" means these Terms of Service, which are part of the Agreement.
- "Vendor", "seller" or "affiliate" describes any person or legal entity that offers products for purchase on the Site.
3. Electronic Communication
3.1 When you visit the Site or transmit emails to us, it is understood that you are communicating electronically with Daily Paper LLC As a result, you are thus giving your consent to receive electronic communications from Daily Paper LLC, and that our representatives may communicate with you by email or within the Site.
3.2 By purchasing products via our Site, you expressively understand, acknowledge and agree to be bound and to abide by the Agreement in force at the time that you place your order. This applies whether or not you are a registered Daily Paper LLC user.
4. Formation of contract and Order Process
4.1The information displayed on the Site only constitutes an invitation to make an offer rather than a binding offer to sell products. Consequently, when you place an order via our Site you submit an offer to us to buy the product(s) in your order.
4.2If you wish to buy products displayed on the Site, you can add it to your digital shopping cart ("Cart"). To process the order and make the payment, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order, and you may be asked to log into your account or to register with us, to enter a shipping address, select a payment method and shipping option.
4.3You may use any payment method that is listed on our payment information page ("Payment Information"); we will not charge any fees for using any of these payment methods but you are responsible for any costs associated with money transactions potentially charged by the payment services providers. No other payment methods can be used to effect payment. Depending on the method chosen, you may need to enter further details and may be led to the website of the payment provider in order to be identified as an authorized user before you can place your order. We reserve the right not to accept certain payment methods for a given order and to refer to other payment methods.
4.4Once you have finished entering the required information, including the payment method, you can place an order by clicking the “buy now” button, submitting a binding offer to us to buy (all) the product(s) in your Cart. If you are a registered user, a record of all the orders placed by you is available in the "My Account" area of the Site or Apps. If you detect an error in your order after completion of the payment process, you should immediately contact us to try and correct the error.
4.5We will send you a message to the email address you provided at checkout, confirming receipt of your order and containing the details of your order (“Order Confirmation”). The Order Confirmation is acknowledgement that we have received your order and does not confirm acceptance of your offer to buy the product(s) ordered.
4.6Daily Paper LLC reserves the right to reject or modify any order, whether or not such order has been confirmed and/or your credit card or other payment method has been charged. You will be notified of any rejection of your order at the email address you provided at checkout. If your credit card or other payment method has already been charged and any portion of your order is rejected, we will issue a credit to your payment method for the corresponding amount.
4.7Acceptance of your order and completion of the purchase contract between us will take place when we dispatch the product(s) to you. After the purchase contract is concluded, you will receive a shipping confirmation email to the email address you provided at check out. The terms of the Agreement apply to each such purchase contract.
5. Promotional vouchers and their redemption
5.1Promotional vouchers are vouchers that cannot be purchased but are given out during advertising campaigns and are valid for a certain period of time.
5.2Promotional vouchers can be redeemed once only in connection with an order, and only within the specified period. Certain styles may be excluded from the promotion. Promotional vouchers may not be used to purchase gift vouchers. Please note that a minimum order value may apply to the use of promotional vouchers.
5.3Promotional vouchers will not be refunded if all or some of the products are returned.
5.4Promotional vouchers can only be redeemed before the ordering process is complete. It is not possible to apply vouchers retrospectively. Promotional vouchers may not be transferred to third parties. Unless we have agreed otherwise, it is not possible to combine multiple promotional vouchers.
5.5If you used a promotional voucher when making your purchase and, as a result of revocation by you, the total value of your order is less than or equal to the (minimum) value of the promotional voucher, we reserve the right to charge you the original price for the product(s) you retain.
6. Product Availability and Description
6.1We try to be as specific as possible on the Site about products, including product availability, size, colour, type, quantity of stock available and product description. However, while we try our best to ensure that the product information on the Site is correct, typographical errors or inaccuracies may occur. Therefore, we reserve the right to correct any errors, inaccuracies or omissions and the right to change and update information at any time without prior notice (including after you have submitted an order). Please note that the information provided about products on the Site is for information purposes only. Please make sure you read all labels, warnings and directions provided with the product before use.
6.2Please note that the colours of the products you will see on the Site depend on your monitor/screen. We cannot guarantee that the display of colours will be accurate and colours may vary.
6.3If you have ordered a product that is unavailable, we will immediately notify you by email and provide you with an estimated date of when the product is due to be back in stock and available for dispatch. (Please note: some items may not return in stock and dates are subject to change). Alternatively, you will be entitled to cancel your order and receive a corresponding refund from us (if your payment method has already been charged).
7. Delivery; Title and risk of loss
7.1Unless agreed otherwise, shipping will be made to the delivery address indicated by you. Please see our Shipping Information for delivery costs by destination and item type, and for expected delivery times. We aim to deliver your ordered products by the estimated date set out in the shipping confirmation email (see Section 4.7), or, if no date is given, within 30 days of the date of the shipping confirmation email. In the event that delivery is delayed for any reason within our control, we will do our best to keep you informed about the estimated new delivery date. Please note that if the product(s) is/are not delivered within 30 days of the shipping confirmation email, you are entitled to cancel the order and be refunded the full amount paid for the order.
7.2If you are a consumer residing in the United States of America, and subject to Section 7.3 below, title to and risk of damage or loss of, products pass to you upon delivery of your order. If you are not a consumer residing in the United States of America, title and risk pass to you upon dispatch of your order to the carrier.
7.3Title in all ordered and/or delivered products remains vested in Daily Paper LLC until the full purchase price has been received by Daily Paper LLC
8. Price of Products and Delivery Charges
8.1The prices of the products will be as quoted on the Site at the time you submit your order. We take all reasonable care to ensure the prices of products are correct at the time when the relevant information is entered onto the site. Prices for our products may change from time to time, but changes will not affect any order you have already placed. The price of a product includes VAT (where applicable). However, if the rate of VAT changes between the date of your order and the date of delivery. We will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
8.2The price of a product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Shipping Information page. The total cost of the order is the price of the products ordered and the delivery charge. We also inform you about the delivery charge before you place an order.
8.3The Site contains a variety of products. It is always possible that, despite our reasonable efforts, errors may occur in the display of prices . In the event that an error occurred regarding the price of a product you have ordered, we will inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. The order shall be on hold until we have received your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as mis-priced, we may, at our discretion, immediately cancel your order and notify you of such cancellation.
9. Creation and Termination of Accounts
By creating an account through our Site, you confirm that the information you provide is true. We reserve the right to refuse any of our services and to terminate your account and any Agreement with you at any time and without notice if we determine you have provided false or misleading information or have violated or abused any terms of this Agreement, or are in breach of applicable laws.
10. Intellectual Property Rights
10.1All intellectual property rights, such as trademarks and copyrights in items on the Site remain with Daily Paper LLC and/or its subsidiaries or licensors. The Site and its content (including but not limited to logos, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site) may not be used, including copying or storing in whole or in part, communication to the public or distribution without the express written permission and/or license of Daily Paper LLC
10.2Daily Paper LLC grants users a limited license to access its Site. This does not include the right to download (other than the page caching) or modify the Site or any portion of it, except if Daily Paper LLC provides express written consent for such an action. This license does not include any re-sale or commercial use of the Site or its contents; any collection and use of any product listings, images, descriptions or prices; any derivative use of the Site or its contents; any downloading or copying of account information for benefit of another merchant; or any use of data mining, bots or similar data gathering and extraction tools. The Site or any portion of it may not be re-produced, duplicated, sold, re-sold, copied, visited or otherwise exploited for any commercial or non-commercial purpose without our express written consent. You may not frame or use any framing techniques to enclose any of the trademark, logo or any proprietary information (including page layout, images, text or form) of Daily Paper LLC or our affiliates without express written consent. You may not use any meta tags or any other "hidden text" Daily Paper LLC’s name or our trademarks without Daily Paper LLC’s express written consent. Any unauthorised use terminates the permission or license granted by Daily Paper LLC. Subject to the next sentence, you are granted a limited, non-exclusive, and revocable right to create any hyperlink to the dailypaperclothing.com homepage as long as the link does not portray the services or products of Daily Paper LLC or its affiliates in a false, derogatory, misleading, or otherwise offensive matter, or as you having the right of ownership of the same in any form, or for inclusion in any context that is illegal, offensive, or otherwise harmful to our business interest; as otherwise contrary to Section 12 below. You may not use our trademark, or any Daily Paper LLC logo or other proprietary graphic as part of a hyperlink without express written consent and our acceptance, and by this limited license we do not warrant or represent in any way that any use of such license does not violate a third party’s rights.
10.3As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on the Site or linked to by Daily Paper LLC violates your intellectual property rights, you are encouraged to send an email to firstname.lastname@example.org.
11. Warranty and Returns; Right of Withdrawal
11.1If you are a consumer residing in the United States of America, statutory provisions shall apply for your right of withdrawal, warranty claims and returns.
11.2If you are a consumer residing outside the United States of America, mandatory local consumer protection provisions shall apply for your right of withdrawal, warranty claims and returns.
11.3For further information on clauses 11.1 and 11.2 please refer to our Warranty and Returns Agreement, which is part of this Agreement.
12. Limitation of Liability
12.1Subject to any applicable mandatory statutory provisions, including, but not limited, to the consumer rights referred to in our Warranty and Returns Agreement, and provisions pursuant to EU Directive 85/374/EC or applicable national laws concerning liability for defective products, all content displayed on the Site is provided without any guarantees, conditions, or warranties as to its accuracy.
12.2Unless expressly stated to the contrary, and to the fullest extent permitted by law, Daily Paper LLC and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law and shall not be liable for any damages.
12.3If you are a consumer residing in Germany, clause 12.2 reads as follows:
Unless expressly stated to the contrary, and to the fullest extent permitted by law, Daily Paper LLC and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law and shall not be liable for any damages. This does not include claims for damages arising from injury to life, body, health or from the breach of essential contractual obligations and liability for other damages based on an intentional or grossly negligent breach of duty by Daily Paper LLC, its legal representatives, employees or vicarious agents. Essential contractual obligations are those which need to be fulfilled to achieve the purpose of the contract. In the event of a breach of essential contractual obligations, Daily Paper LLC shall only be liable for the foreseeable damage typical for the type of contract if such damage was caused by simple negligence, unless the claims are based on injury to life, body or health.
12.4The limitation of liability shall also apply in favour of our legal representatives, employees and vicarious agents if claims are asserted directly against them.
13. Linking to this site
You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in a way that falsely suggest any form of association, approval, or endorsement on our part. You must not establish a link from any website that is not owned by you. The Site including its content, must not be framed on any other website and/or app, nor may you create a link to any part of this Site or the linked webpages other than the main page. We reserve the right to withdraw linking permission without notice.
14.1You agree to indemnify, defend and hold harmless to the fullest extent permitted by law Daily Paper LLC and any of its affiliates, suppliers, licensors and partners, and its directors, officers, employees, consultant and agents from any and all third party claims, liabilities, damages and/or costs (including but not limited to legal fees) arising from or related to your use of the Site or breach of the Agreement.
14.2We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. We reserve the right, without this affecting your indemnification obligations, to assume the exclusive defense of any claims directed at us. In that event, and if required, you will provide all assistance, documents, declarations or other support reasonably required by us.
Daily Paper LLC shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the services and/or any page of the Site.
If any part of the Terms or the entire Agreement is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms or the entire Agreement will not be affected. The remaining clauses shall remain in full force and effect. Where possible, any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
17. Complaints; Dispute Resolution
17.1We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments.
17.2For residents in the EEA, the European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
18. No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Agreement shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms or the Agreement (or any of your rights or obligations under the Terms or the Agreement) without our prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer these Terms or the Agreement by giving you respective notice. The Terms or Agreement then inures to the benefit of and is binding upon you and the assignee.
20. Governing Law and Jurisdiction
20.1These Terms and the entire Agreement is governed by and construed in accordance with the laws of The Netherlands, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If you are a consumer residing in the EEA or UK, the application of mandatory legal provisions of the country of your habitual residence shall remain unaffected by this choice of law.
20.2In the event of any dispute or claim associated with these Terms or the entire Agreement, that dispute or claim shall be subject to the exclusive jurisdiction of the Dutch courts. If you are a consumer residing in the EEA or UK, your right to bring a claim in the country of your habitual residence shall remain unaffected. Please also see Section 16.2 above for the online dispute resolution platform provided by the European Commission.
21. Entire Agreement
The Agreement (including these Terms) shall constitute the entire and only agreement between you and us concerning the use of the Site and any transaction through it and supersede any and all preceding and contemporaneous agreements between you and us.
22. Updates and Amendments to this Agreement
22.1Subject to the conditions of applicable law, Daily Paper LLC reserves the right to modify this Agreement at any time without your prior consent. Daily Paper LLC shall, however, inform its customers of changes to the Agreement. Your continued use of the Site constitutes your acceptance of the Agreement with all such changes. It is your responsibility to periodically check the Site for any possible changes to the Agreement.
22.2Additionally, Daily Paper LLC may post additional terms, conditions, rules or requirements related to the Site or any of the services provided on it. At its sole discretion, Daily Paper LLC may also provide other services governed by different terms of service.
22.3The Agreements in effect at the time of your use of the Site or purchase of products through the Site, no matter if you have previously entered into Agreements with us on other (previous) terns.
23. Contact Information
Questions about these Terms or the entire Agreement should be sent to us at email@example.com.