Terms of service
Terms and conditions
1. Scope and seller
1.1 These terms apply to every order placed through the English-language version of the Dailyplay online shop, whichever of our domains you order on.
1.2 Your contract partner is Damian Wijnhoven, trading as Dailyplay, a sole proprietorship under Dutch law (eenmanszaak), Zonneweg 1, 5712 GN Someren, the Netherlands, registered with the Netherlands Chamber of Commerce (KvK) under number 75191784, VAT number NL002411996B30, telephone +31 6 58841309, email info@dailyplay.nl (hereafter "Dailyplay", "we" or "us").
1.3 A consumer is any natural person who enters into a contract for purposes that lie mainly outside his or her trade, business or profession.
2. How the contract is concluded
2.1 The products shown in the online shop are not a binding offer but an invitation to order.
2.2 You order in these steps: you put products in the cart and go to checkout. You enter your contact and delivery details and choose the delivery method and the payment method. On the last page you see all details and the total price once more. By clicking the button that places the order with an obligation to pay, you make a binding offer.
2.3 Before you place the order, you can check and correct everything you entered: in the input fields themselves, through the change links on the overview page, or with the back button of your browser.
2.4 The contract is concluded when we confirm your order by email (order confirmation).
2.5 The contract language is English.
2.6 We store the contract text. You receive the order details by email with the order confirmation. These terms and the information on withdrawal are available on this website at all times, and you can save or print them.
2.7 We have not signed up to any code of conduct.
3. Prices and delivery costs
3.1 All prices are total prices and include VAT.
3.2 Delivery costs may be added to the price. The delivery costs for each country are on our shipping page and are shown in the cart and again before you place the order.
4. Delivery
4.1 We deliver to the countries offered as delivery country at checkout.
4.2 Where we state a usual delivery time for your country, it is on our shipping page. If a different delivery time is shown for a product, that time applies. In any case we deliver no later than 30 days after the contract is concluded.
4.3 The risk of loss of or damage to the goods passes to you when you, or a third party indicated by you other than the carrier, acquire physical possession of the goods.
4.4 Every order is sent in a plain brown box with no logo and no product name.
4.5 If a parcel arrives with visible transport damage, please let us know as soon as you can at info@dailyplay.nl, ideally with a photo. Your statutory rights do not depend on whether you do this.
5. Payment
5.1 You can pay with the payment methods shown at checkout. Which methods are offered depends on your country.
5.2 If you pay with PayPal or Klarna, the terms of that payment provider also apply.
6. Right of withdrawal and processing of your order
6.1 As a consumer you have a statutory right of withdrawal of 14 days. The details are in our information on the right of withdrawal. You can also withdraw online, using the form at the top of our returns page.
6.2 We process every order as soon as it comes in and usually hand it to the carrier on the day it comes in or on the working day after. After that, the order can no longer be changed.
6.3 Your right of withdrawal exists from the moment the contract is concluded, so also before delivery. If your withdrawal reaches us before we have handed the goods to the carrier, we do not send them. If the goods are already on their way, you send them back after receipt, as described in the information on withdrawal. You then bear the direct cost of returning them; we refund the purchase price and the cost of standard delivery.
6.4 All products are delivered sealed. For products that are not suitable for return due to health protection or hygiene reasons, the right of withdrawal no longer applies once the seal has been removed after delivery. Which products these are is set out in the information on withdrawal.
7. Voluntary right to return within 45 days
7.1 In addition to the statutory right of withdrawal, we give you a voluntary right to return goods within 45 days of receipt. This does not affect your statutory right of withdrawal or your statutory rights in case of a defect.
7.2 The voluntary right to return applies to goods that are unused and complete and whose seal is intact. Sex dolls, torsos and butts can therefore be returned as long as the transparent protective bag is closed; all other products as long as their packaging is sealed. For opened goods this voluntary right gives you no more than the law already does.
7.3 You register the return within the 45 days, at the top of our returns page or by email to info@dailyplay.nl, and then send the goods to Dailyplay, Hastelweg 260D, 5652 CN Eindhoven, the Netherlands. You bear the direct cost of returning them.
7.4 Within the statutory withdrawal period, the rules in the information on withdrawal apply to the refund. For a return after that period, we refund the purchase price within 7 working days of receiving and checking the goods, using the payment method you originally used. If parts are missing or the goods are damaged, we may keep back part of the purchase price.
8. Statutory guarantee (legal conformity)
8.1 The statutory rights for goods that do not conform to the contract apply. Under EU law you have these rights for at least two years from delivery. Where the mandatory law of the country where you live gives you more, that applies.
8.2 The easiest way to report a defect is by email to info@dailyplay.nl, with your order number and, if possible, a photo. If a product is defective or we delivered the wrong item, we pay the cost of returning it.
8.3 Netherlands. A report within two months of discovering a defect is always in time (article 7:23 of the Dutch Civil Code).
8.4 France. You have the legal guarantee of conformity (articles L. 217-1 to L. 217-32 of the French Consumer Code) for two years from delivery, and the legal guarantee against hidden defects (articles 1641 to 1649 of the French Civil Code) for two years from discovery of the defect. The full statutory notice on these guarantees, in French, is in article 8 of our French terms.
8.5 Spain. We are liable for any lack of conformity that exists at delivery and becomes apparent within three years of delivery. A lack of conformity that becomes apparent within two years of delivery is presumed to have existed at delivery, unless the contrary is proven.
8.6 Italy. We are liable for any lack of conformity that exists at delivery and becomes apparent within two years of delivery. A lack of conformity that becomes apparent within one year of delivery is presumed to have existed at delivery, unless the contrary is proven.
9. Complaints and dispute resolution
9.1 You can send a complaint by email to info@dailyplay.nl, by telephone on +31 6 58841309 or by post to the address in section 1.2.
9.2 Spain. We confirm receipt of your complaint by email with a reference number and reply as soon as possible, and in any case within fifteen days of receiving it.
9.3 Poland. We reply to your complaint within 14 days of receiving it.
9.4 We are established in the Netherlands. We are not willing or obliged to take part in dispute resolution proceedings before a consumer dispute resolution body. The European Commission's online dispute resolution platform no longer exists.
9.5 If a complaint is not solved and you live in another EU country than the Netherlands, the European Consumer Centre in your country can help you free of charge with a complaint against a seller in another EU country:
- Belgium: ECC Belgium, www.eccbe.eu
- Germany: Europäisches Verbraucherzentrum Deutschland, www.evz.de
- Austria: Europäisches Verbraucherzentrum Österreich, europakonsument.at
- France: Centre Européen des Consommateurs France, www.europe-consommateurs.eu
- Poland: Europejskie Centrum Konsumenckie, konsument.gov.pl
- Spain: Centro Europeo del Consumidor en España, portal-cec.consumo.gob.es
- Italy: ECC-Net Italia, ecc-netitalia.it
- Denmark: Forbruger Europa, forbrugereuropa.dk
- Luxembourg: Centre Européen des Consommateurs Luxembourg, www.cecluxembourg.lu
- Portugal and every other EU country: the list of centres at www.eccnet.eu
9.6 You can always go to the competent court, also if you live outside the EU, for example in Monaco.
10. Personal data
How we handle personal data is described in our privacy policy.
11. Applicable law
Dutch law applies. If you are a consumer, this choice of law does not deprive you of the protection given to you by the mandatory provisions of the law of the country where you have your habitual residence.