Terms of service
General Terms and Conditions (GTC)
1. Scope
These General Terms and Conditions (GTC) apply to all orders, inquiries, offers, and contracts concluded between DAWNERZ GmbH and its customers through the online shop.
These GTC apply to both consumers and business customers, unless a specific clause expressly distinguishes between these groups.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. A business customer is any natural or legal person or partnership with legal capacity acting in the exercise of their trade, business, or independent professional activity when entering into a legal transaction.
Any deviating terms of the customer shall apply only if we have expressly agreed to them in text form.
2. Contracting Party and Provider
The purchase contract is concluded with:
DAWNERZ GmbH
Eichhornstraße 3
c/o Indy by Industrious
10785 Berlin
Germany
E-mail: info@dawnerz.de
Further legally required company information can be found in the Imprint on our website.
3. Offer, Inquiry, and Conclusion of Contract
The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order.
By submitting an order through the online shop, the customer makes a binding offer to conclude a purchase contract for the goods contained in the shopping cart.
The contract is concluded only when we expressly accept the order, send an order confirmation in text form, or dispatch the goods.
We reserve the right to reject orders on a case-by-case basis, in particular in the event of obvious pricing, product, or stock errors, unusual order quantities, suspected misuse, or lack of availability.
For products marked in the shop as “Inquiry”, “Request a Quote”, or similar, submitting the inquiry does not create a purchase contract. In such cases, the inquiry is non-binding only. A contract is concluded only through our express acceptance in text form or through acceptance of an individual offer provided by us.
4. Prices
All prices stated in the online shop are in Euro (EUR).
Unless otherwise indicated, prices include the applicable statutory VAT.
Additional shipping costs are shown separately during checkout.
5. Payment and Due Date
The customer may use the payment methods displayed during checkout.
Payment processing is carried out through the payment service providers and technical systems offered during the ordering process. The terms and conditions of the respective payment service provider shall apply additionally.
Unless otherwise agreed, the purchase price is due immediately upon conclusion of the contract.
6. Shipping, Delivery Area, Delivery Times, and Availability
We currently ship orders exclusively within Germany.
The latest information on shipping costs, processing times, and delivery times can be found on our Shipping Information page.
Unless expressly confirmed by us in text form as binding, stated delivery times are non-binding estimates.
The availability of individual items is based on the stock displayed in the online shop. Despite careful stock management, in exceptional cases an item may not be available or may not be available in the expected quantity. In such cases, we will inform the customer as soon as possible.
Partial deliveries are permitted insofar as they are reasonable for the customer.
Delivery delays caused by force majeure, official measures, labor disputes, unforeseeable supply chain disruptions, or other circumstances beyond our control shall extend any delivery periods accordingly. If such an impediment lasts an unreasonably long time, both parties shall be entitled to withdraw from the contract with respect to the part not yet performed, insofar as legally permissible.
With respect to business customers, the risk of accidental loss or accidental deterioration of the goods passes to the customer upon handover of the goods to the transport company, carrier, or other person designated to carry out the shipment.
7. Retention of Title
The goods remain our property until full payment has been made.
In relation to business customers, the following also applies: we retain title to the goods until all claims arising from the ongoing business relationship have been fully settled, insofar as legally permissible.
8. Right of Withdrawal for Consumers
Consumers generally have a statutory right of withdrawal for distance contracts.
The details are set out in our separate Withdrawal Policy and the Model Withdrawal Form, both available on our website.
Business customers do not have a statutory right of withdrawal unless expressly agreed otherwise.
9. Returns and Exchanges
Information on voluntary returns, exchanges, and the practical return process can be found on our Returns & Withdrawal page.
The statutory right of withdrawal for consumers remains unaffected.
An exchange is possible only subject to availability and prior coordination.
10. Customer-Specific and Personalized Goods
For goods that are not prefabricated and for whose production an individual selection or specification by the customer is decisive, or that are clearly tailored to personal or customer-specific requirements, the statutory right of withdrawal may be excluded.
For such goods, exchange or return shall only take place if expressly agreed or where mandatory law requires it.
11. Statutory Warranty Rights
The statutory warranty rights for defects apply.
Any guarantees exist only if they are expressly stated for the respective product or separately confirmed in text form.
With respect to business customers, the statutory provisions apply subject to the relevant provisions of commercial and civil law.
12. Inspection and Notification of Defects by Business Customers
If the customer is a business customer and the transaction is a commercial transaction for both parties, Section 377 of the German Commercial Code (HGB) shall apply additionally.
The business customer must inspect the delivered goods without undue delay after delivery, insofar as feasible in the ordinary course of business, and must notify us of any apparent defects without undue delay in text form.
Hidden defects must be notified without undue delay in text form after discovery.
If the business customer fails to properly inspect the goods or to notify defects in due time, the goods shall be deemed approved with regard to the relevant defect, unless mandatory statutory provisions provide otherwise.
13. Improper Use
Claims based on defects, damage, or functional impairment shall not exist to the extent that such issues are caused by improper use, improper storage, failure to observe safety, care, or usage instructions, excessive strain, use other than for the intended purpose, or unauthorized modifications to the goods.
Mandatory statutory rights of the customer remain unaffected.
14. Liability
We shall be liable without limitation:
- in cases of intent and gross negligence,
- in cases of culpable injury to life, body, or health,
- under the provisions of product liability law,
- and in all other cases where mandatory statutory liability applies.
In the event of a slightly negligent breach of essential contractual obligations, our liability shall be limited to the typical and foreseeable damage arising under the contract. Essential contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely.
To the extent legally permissible, we shall in particular not be liable for indirect damages, consequential damages, loss of profit, production downtime, business interruption, or damages resulting from delays on the part of the business customer, unless such damage is caused by intent or gross negligence, affects life, body, or health, or mandatory statutory liability applies.
In all other respects, liability for slight negligence is excluded.
The above limitations of liability also apply in favor of our legal representatives, employees, and agents.
15. Communication and Text Form
For communications relating to orders, complaints, withdrawals, returns, and other contractual matters, we request that customers contact us in text form, in particular by e-mail to info@dawnerz.de.
Any oral side agreements, assurances, or arrangements shall only become effective if confirmed by us in text form, unless mandatory statutory provisions provide otherwise.
16. Late Payment
If the customer is in default of payment, we are entitled to claim statutory default interest and any further damages caused by default to the extent permitted by law.
For consumers, the default interest rate shall be five percentage points above the applicable base interest rate.
For business customers, the default interest rate shall be nine percentage points above the applicable base interest rate. In relation to business customers, we also reserve the right to claim the statutory lump-sum default fee where legally permissible.
If the customer is in default with due payments, we are furthermore entitled to withhold further deliveries or services until all outstanding claims have been settled in full, insofar as legally permissible.
In relation to business customers, the following also applies: default of payment shall occur no later than 30 days after the due date and receipt of the invoice, unless default has already occurred earlier under the statutory provisions.
17. Set-Off and Right of Retention
The customer shall be entitled to set off claims only if their counterclaims have been finally adjudicated, are undisputed, or have been acknowledged by us.
The customer may exercise a right of retention only insofar as their counterclaim arises from the same contractual relationship.
18. Contract Language
The contract language is German.
Additional information or legal texts may be provided in English for convenience only.
In the event of deviations, contradictions, or differences in interpretation between the German and the English version, only the German version shall prevail.
19. Applicable Law
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory consumer protection provisions provide otherwise.
For consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
20. Place of Jurisdiction
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship shall be our registered office, insofar as legally permissible.
21. Severability Clause
Should any provision of these GTC be or become wholly or partly invalid, the validity of the remaining provisions shall remain unaffected.
22. Contact
If you have any questions regarding these GTC, please contact:
DAWNERZ GmbH
E-mail: info@dawnerz.de.
