Terms and Conditions
General
The following contractual terms and conditions (T&Cs) apply to all contracts concluded via the online shop of DayOne Performance GmbH, Aaron Bernstein Platz 3, 10117 Berlin, Germany (hereinafter referred to as: DayOne) under the domain day-1.com with the customer (hereinafter referred to as: CUSTOMER).
These T&Cs contain specific regulations for customers who are entrepreneurs as defined in Section 14 of the German Civil Code (BGB) (hereinafter referred to as: BUSINESS CUSTOMER). These specific clauses for commercial transactions are explicitly marked as applicable to BUSINESS CUSTOMERS and do not apply to transactions with consumers as defined in Section 13 BGB.
Any differing terms and conditions of the customer are not recognized by DayOne unless DayOne has expressly and in writing agreed to them.
Contract Conclusion
The CUSTOMER can place the desired products in the shopping cart by clicking the appropriate button and then initiate the ordering process by clicking the shopping cart. During the ordering process, the CUSTOMER must enter the necessary contact information for shipping and payment and complete the order by clicking the “Buy Now” button.
Input errors, especially mistakenly added products, can be corrected by adjusting the desired quantity in the shopping cart and using the available buttons. The CUSTOMER can correct input errors during the various steps of the ordering process by navigating back and forth using the browser’s “forward” and “back” buttons.
The presentation of products in the DayOne online shop does not constitute a binding offer by DayOne but rather an invitation to the CUSTOMER to place an order. The CUSTOMER makes a binding offer to conclude a contract for the products in the shopping cart by placing an order. DayOne will promptly confirm receipt of the order via an automated email. The automated order confirmation from the shop system does not constitute a contractual relationship. DayOne will accept the CUSTOMER’s offer either by sending a separate acceptance email or by shipping the goods within a period of 5 days or 3 business days after the order. Only upon this separate acceptance or the receipt of the goods within the stated period is the purchase contract concluded. The invoice issuance also constitutes acceptance.
The contract is concluded with DayOne Performance GmbH, Aaron Bernstein Platz 3, 10117 Berlin, Germany.
The contract language is German or English.
Contract Text Storage
The contract text is stored by DayOne. The order data will be sent to the CUSTOMER separately in text form (via email). The T&Cs can also be accessed and printed from the online shop.
Right of Withdrawal
Consumers generally have a statutory right of withdrawal. The legal provisions regarding any existing right of withdrawal are contained exclusively in the withdrawal policy, which is available to the CUSTOMER during the ordering process.
Prices and Shipping Costs
The prices valid on the day of the order apply, as displayed in the online shop.
The prices displayed in the online shop are in euros and include the statutory value-added tax (VAT).
The prices displayed in the online shop do not include shipping costs for packaging and postage. Shipping costs are dynamically calculated during the ordering process and displayed in the shopping cart overview before the order is placed.
We offer free shipping under specific conditions. Information on the conditions for free shipping can be found on the shipping information page at https://www.day-1.com/policies/shipping-policy.
For cross-border deliveries, additional taxes (e.g., in the case of intra-community acquisition) and/or duties (e.g., customs) may be payable by the CUSTOMER.
Payment Terms
DayOne accepts only the payment methods offered during the ordering process in the online shop. The CUSTOMER selects their preferred payment method from the available options.
Payment methods such as direct bank transfer (SOFORT), credit card, PayPal, and Klarna are available. More details on these payment processes can be found in the relevant sections on our website.
Delivery and Shipping Conditions
The delivery of goods, unless otherwise agreed with the CUSTOMER, will be made to the shipping address provided by the CUSTOMER. Delivery to a Packstation is not possible.
The delivery time is specified on the respective product detail page. For advance payments, the delivery time begins after the payment is received. For all other payment methods, the delivery time begins the day after the contract is concluded.
In the event of delivery delays, DayOne will inform the CUSTOMER immediately.
If the carrier returns the goods to DayOne because delivery to the CUSTOMER was not possible, the CUSTOMER bears the costs for a new shipment. This does not apply if the CUSTOMER exercised a possible right of withdrawal or if the CUSTOMER was not responsible for the failed delivery.
Retention of Title
DayOne retains ownership of the goods sold until full payment of the purchase price has been made.
Warranty and Liability
The rights concerning defects of the purchased goods are governed by statutory provisions. The limitation period for defect claims for BUSINESS CUSTOMERS is 12 months from the transfer of risk. This limitation does not apply to claims by consumers.
DayOne is liable under statutory provisions if the damage was caused by intent or gross negligence.
Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which is accessible at https://ec.europa.eu/consumers/odr/. Consumers can use this platform to resolve disputes arising from online purchases.
Final Provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.