Terms of service

General terms of sale, delivery and payment for online transactions made through the DAWN online store of DAWN GmbH, Berlin (as at September 2019)

1. Scope

(1) The following general terms and conditions (hereinafter referred to as "GTC") shall apply to all contracts concluded with us, DAWN GmbH, Alexandrinenstr. 4, 10969 Berlin, Germany, through the DAWN online store, www.dawndenim.com (hereinafter referred to as the DAWN online store). We expressly reserve the right to make changes to the GTC. The current version can be viewed under "GTC" on our website, www.dawndenim.com. During the ordering process, the customer is given the option throughout to view, print and save the GTC. By completing the order, the customer accepts the GTC.

(2) Unless expressly agreed in writing, conflicting GTC of the customer are not binding on us, even if we have not expressly objected to their content. The use of third-party forms or the electronic or online placement of orders will not affect the validity of these GTC.

2. Conclusion of contract

(1) The presentation of our goods in the DAWN online store is intended merely as a non-binding product advertisement and not a binding offer. The images in the DAWN online store, which showcases our products, may depict other items (e.g. decorative materials, other items of clothing, accessories) in addition to our products. These items are not part of the respective product and are, therefore, not an object of an order.

(2) The customer only makes a binding offer when they order the goods in the DAWN online store. By placing the order, the customer warrants that the information they provided is accurate and complete.

(3) The contract will only come into effect when we confirm this order, and the customer receives an order confirmation by email. The contract is concluded with us, i.e.

DAWN GmbH
Alexandrinenstrasse 4
10969 Berlin, Germany

+49 30 - 232 578 272
hello@dawndenim.com.

(4) We are under no obligation to accept an order.

3. Cancellation policy

When purchasing items through the DAWN online store, you have the statutory right to cancel. To make it easier for you to exercise this right, we enclose a return form to deliveries. We offer free returns. Please affix the DHL sticker to your parcel so that it is clearly visible and hand it in at any DHL shop or post office. If no return form was enclosed with your shipment or if you do not have a printer available to print out the return sticker, please contact our customer services (see also Section 8, hello@dawndenim.com, +49 (0) 30 – 232 57 82 72).

Information concerning the right of cancellation

You have the right to cancel this agreement within fourteen days without giving any reason. The cancellation period will expire 14 days from the date on which you or a named third party, other than the carrier, have taken possession of the goods, or the last delivery in the case of partial deliveries.

To exercise your right to cancel, you must inform us (DAWN GmbH, Alexandrinenstr.4, 10969 Berlin, Germany, +49 (0) 30 – 232 57 82 72, hello@dawndenim.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or by email). You can use the model cancellation form printed at the end of these cancellation instructions for this purpose. However, this is not mandatory.

To exercise your right to cancel, you can also submit the notice of cancellation or another clear statement through the contact form on our website (www.dawndenim.com/kontaktformular).

If you exercise your right to cancel, we will send you a confirmation of receipt of your cancellation (e.g. by email) without delay.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this agreement, we will refund all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and within fourteen days of the date on which we have received your notice of cancellation. Unless expressly otherwise agreed, we will use the same means of payment for your refund that you used to pay for your order; in any event, you will not incur any fees as a result of the reimbursement.

We may withhold reimbursement until we have received the goods back from you, or you have supplied evidence of having sent back the goods, whichever comes earlier. You must return the goods to us (DAWN GmbH, Alexandrinenstraße4, 10969 Berlin, Germany) promptly and at the latest within fourteen days of the date on which you have notified us of your intention to cancel this agreement. The deadline is met if you send back the goods before the period of fourteen days has expired. We will cover the cost of returning the goods within Germany. You will have to cover the costs of returning the goods delivered outside Germany. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Model cancellation form

If you would like to use the following form, please return it to:

DAWN GmbH
Alexandrinenstrasse 4
10969 Berlin, Germany

hello@dawndenim.com

I/we (*) hereby cancel the agreement that I/we (*) concluded for the purchase of the following goods (*)/

- Ordered on (*) / received on (*)

- Name(s) of the consumer(s)

- Address(es) of the consumer(s)

- Signature of the consumer(s) (only applies to paper communications)

- Date

(*) Delete as appropriate.

End of the information concerning the right of cancellation

4. Prices - terms of payment

(1) Our prices quoted at the time of the order shall apply. These prices are final prices, quoted inclusive of German VAT at the applicable rate.

(2) We accept payments by debit cards (Maestro), credit cards, PayPal, Klarna, Apple Pay, G Pay. We reserve the right to refuse acceptance of individual payment methods for orders on a case-by-case basis.

(3) If the customer chooses to pay in advance, they undertake to pay the full invoice amount immediately after receipt of the payment confirmation. If we do not receive the invoice amount within four days after confirmation of the order, the customer will receive a payment reminder by email. If we do not receive the invoice amount within seven days after confirmation of the order, we reserve the right to cancel the order.

(4) The customer shall cover the cost of delivery. The delivery costs payable by the customer will be shown in the delivery costs summary in the DAWN online store.

(5) The customer hereby consents to receiving invoices and credit notes solely in electronic form.

(6) We automatically arrange for refunds to be paid into the account used by the customer to pay for the order. In the case of advance payments, direct debits and bank transfers, this will be the account used for transfer or direct debit purposes. If payment is made by Paypal/Paypal Plus or by credit card, the refund amount will be credited to the customer's PayPal or credit card account.

5. Delivery

(1) We currently ship to the following countries: Germany, Belgium, France, Netherlands, Austria and Switzerland.

(2) We will only dispatch the goods once we have received the purchase price, and any delivery costs payable by the customer in full.

(3) After receipt of payment, we will deliver to the delivery address specified by the customer.

(4) The customer will receive information about the delivery dates when choosing the shipping method in the Dawn online store. We reserve the right to extend the delivery lead times within reason due to events outside of our control (e.g. force majeure) which significantly impede the delivery. We will notify the customer of any such circumstances without delay.

6. Retention of title

We retain title to the goods until the purchase price for the ordered goods has been paid in full.

7. Warranty

The warranty is governed by the statutory provisions.

8. Liability

(1) We are fully liable for damage caused intentionally or by gross negligence.

(2) In the case of negligence, we are fully liable for damage suffered as a result of injury to life, body or health. In the event of a negligent breach of a material contractual obligation, our liability shall be limited to foreseeable, typical damage. Material contractual obligations are obligations, which are essential for the proper performance of the contract and the fulfillment of which the customer may routinely rely upon. Any further liability regardless of the legal nature of the claim is excluded.

(3) Where we have excluded or limited our liability for damages in accordance with Section 7 (2), this shall also extend to the personal liability of our staff, employees, representatives and vicarious agents.

(4) The above limitations and exclusions of liability do not prejudice our liability under the Product Liability Act.

9. Customer service

Our customer service can be reached Monday to Friday from 10:00 - 15:00 by phone at +49 (0) 30 – 232 57 82 72 and by email at hello@dawndenim.com.

10. Applicable law

These GTC and the entire legal relationship between the customer and us shall be governed by and construed solely in accordance with the laws of the Federal Republic of Germany to the exclusion of the UN Convention on the Sale of Goods (CISG).