GENERAL TERMS AND CONDITIONS

OVERVIEW

Welcome to DayMark!

The terms "we", "us", "our" and "DayMark" refer to DayMark. DayMark operates this online store and website, including all related content, features, tools, products and services, in order to provide you, the customer, with a simple and pleasant shopping experience (together, the "Services").

DayMark uses Shopify as the technical platform for operating the online store. The following General Terms and Conditions ("Terms" or "Conditions") govern your use of our Services and your purchases through our online store.

Please read these Terms carefully before using our website or placing an order. By accessing our website, using our Services, or placing an order, you agree to these Terms as well as our Privacy Policy [LINK].

If you do not agree with these Terms, you may not use our website or our Services.

SECTION 1 – WEBSITE ACCESS AND USER ACCOUNT

By using our website, you confirm that you are legally entitled to enter into contracts in your country of residence.

Certain features of our Services may require you to provide personal information such as your name, email address, billing information, payment information, or shipping address.

You agree to always provide complete, accurate and current information when submitting your data.

You are responsible for the confidentiality of your login credentials and for all activity that occurs under your user account.

You may not transfer, sell, or otherwise make your user account available for use by third parties.

We reserve the right to suspend or close user accounts if we determine a violation of these Terms or applicable law.

SECTION 2 – PRODUCTS AND PRODUCT REPRESENTATION

DayMark offers products from various categories and product ranges.

We make an effort to present product descriptions, images, prices, colors, sizes and other information as accurately and currently as possible.

Nevertheless, the representation of a product on your screen may differ slightly from the actual product. This may depend, for example, on your device, your screen settings, or lighting conditions.

Product descriptions, images, prices and availability may be changed or updated at any time.

We also reserve the right to remove products from our range at any time or to limit the available quantity of certain products.

SECTION 3 – ORDERS AND CONCLUSION OF CONTRACT

By submitting an order through our online store, you make a binding offer to purchase the selected products.

After we receive your order, you may receive an automatic order confirmation by email. This confirmation does not necessarily constitute acceptance of your order.

The purchase contract is concluded once we expressly confirm your order or hand over the ordered products to the shipping carrier for delivery.

We reserve the right to reject or cancel orders for legitimate reasons. This may be the case, for example, in the event of incorrect pricing, unavailable products, suspected fraud, or technical errors.

Should an order be changed or cancelled, we will, where possible, contact you using the email address provided with the order.

Please review your order carefully before submitting it.

Returns and withdrawals are governed by the provisions of our Withdrawal Policy [LINK].

SECTION 4 – PRICES AND PAYMENT

Unless otherwise stated, all prices on our website are in Euros.

The prices shown at the time of the order apply to that order.

Shipping costs and any additional charges will be displayed during the checkout process before you complete your order.

We reserve the right to change prices at any time. Price changes do not affect orders that have already been confirmed.

You agree to provide complete and accurate payment and billing information when placing an order.

Available payment methods are shown during the checkout process.

An order can only be processed once the required payment has been successfully confirmed.

SECTION 5 – SHIPPING AND DELIVERY

We make an effort to ship orders within the delivery times indicated during the checkout process.

The stated delivery times may depend on various factors, including availability, shipping carrier, delivery address, holidays, and unforeseeable events.

Delivery times therefore cannot always be guaranteed.

We assume no responsibility for delays that are outside our direct control, such as delays caused by shipping carriers, customs authorities, or extraordinary events.

Once the order has been handed over to the shipping carrier, we no longer have direct control over further transport.

Further information on shipping, delivery times and any applicable shipping costs can be found in our Shipping Policy [LINK].

SECTION 6 – WITHDRAWAL, RETURNS AND REFUNDS

Consumers generally have a statutory right of withdrawal, provided the legal requirements are met.

Details of your right of withdrawal, the applicable deadlines, and the return process can be found in our Withdrawal Policy [LINK].

Statutory exceptions to the right of withdrawal may apply to certain products.

Refunds are issued in accordance with applicable statutory provisions and our return conditions.

These provisions do not limit your statutory consumer rights.

SECTION 7 – INTELLECTUAL PROPERTY

All content on our website, including text, images, graphics, logos, designs, product representations, videos, audio files, layouts and other materials, is owned by DayMark or used by us with appropriate permission.

This content is protected by applicable copyright, trademark and other protective rights.

Without our prior written consent, content from our website may not be copied, reproduced, distributed, published, modified, or used for commercial purposes, in whole or in part.

The name "DayMark", the DayMark logo, and other protected names and design elements may not be used without prior written authorization from DayMark.

All rights not expressly granted are reserved.

SECTION 8 – THIRD-PARTY PROVIDERS AND EXTERNAL SERVICES

Our website may include features, services, or links from third-party providers.

Third parties may, for example, provide payment services, shipping services, analytics functions, marketing functions, or other technical services.

We are not responsible for the content, privacy practices, or terms and conditions of external websites operated by third parties.

Access to external websites or services is at your own risk.

We recommend that you carefully read the applicable terms and privacy policies of the relevant third-party providers.

SECTION 9 – SHOPIFY

Our online store operates on Shopify.

Shopify provides the technical e-commerce platform through which we can offer our products and services.

However, the purchase contract for products you order is concluded exclusively between you and DayMark.

To the extent permitted by law, Shopify is not responsible for DayMark's products, orders, deliveries, returns, or other obligations toward you.

Further information on Shopify's processing of personal data can be found in our Privacy Policy [LINK].

SECTION 10 – DATA PROTECTION

The protection of your personal data is important to us.

Personal data is processed in accordance with our Privacy Policy.

Further information about what data we collect, how we use, store and protect it, and what rights you have, can be found in our Privacy Policy [LINK].

By using our Services, you confirm that you have read our Privacy Policy.

SECTION 11 – REVIEWS AND FEEDBACK

If you send us reviews, comments, suggestions, photos, or other content, you must ensure that this content does not infringe the rights of third parties.

In particular, your contributions must not infringe copyrights, trademark rights, personality rights, or other rights of others.

You may not publish unlawful, offensive, discriminatory, misleading, or otherwise inappropriate content.

We reserve the right to remove content that violates these Terms or applicable law.

By submitting content, you grant us, to the extent permitted by law, the right to use, display, and publish this content in connection with our Services.

SECTION 12 – ERRORS AND INACCURACIES

Information on our website may occasionally contain typographical errors, technical errors, inaccuracies, or omissions.

This may, for example, concern product descriptions, prices, availability, shipping costs, delivery times, or other details.

We reserve the right to correct such errors at any time and to update information or cancel orders, to the extent legally permissible.

Should an order contain an incorrect price due to an obvious error, we may contact you and give you the option to confirm the order at the correct price or to cancel it.

SECTION 13 – PROHIBITED USES

You may use our Services only for lawful purposes.

In particular, it is prohibited to:

(a) violate applicable law or regulatory requirements;

(b) infringe the rights of DayMark or third parties;

(c) provide false or misleading information;

(d) harass, threaten, or harm our employees, service providers, or other persons;

(e) transmit malware, viruses, or other harmful programs;

(f) unlawfully interfere with our website or its technical infrastructure;

(g) unlawfully collect or use the personal data of other persons;

(h) use our website for spam, phishing, or fraudulent activities;

(i) impersonate another person or company;

(j) circumvent or manipulate security features of our website;

(k) use automated systems or processes to copy, extract, or misuse our website without authorization.

In the event of a violation of these provisions, we reserve the right to restrict access to our Services or to suspend or close user accounts.

SECTION 14 – DISCLAIMER OF LIABILITY

We make an effort to provide our website and Services reliably and up to date.

However, to the extent permitted by law, we do not guarantee that our website will be available at all times without interruptions, delays, or technical errors.

Statutory warranty and consumer rights remain unaffected by these provisions.

Nothing in these Terms is intended to limit your statutory rights as a consumer.

SECTION 15 – LIMITATION OF LIABILITY

DayMark is liable, within the scope of statutory provisions, for damages caused by intentional or grossly negligent conduct.

In cases of slight negligence, we are only liable to the extent provided by law, in particular for breaches of material contractual obligations.

These limitations of liability do not apply where liability may not be excluded or limited under mandatory statutory provisions.

The statutory rights of consumers remain unaffected.

SECTION 16 – INDEMNIFICATION

To the extent permitted by law, you agree to indemnify DayMark against third-party claims arising from a breach of these Terms, applicable law, or third-party rights that is attributable to you.

This applies in particular to claims arising from unlawful content or misuse of our Services by you.

This obligation does not apply if you are not responsible for the relevant breach.

SECTION 17 – SEVERABILITY

Should any provision of these Terms be, in whole or in part, invalid, unlawful, or unenforceable, the validity of the remaining provisions shall remain unaffected.

In place of the invalid provision, a provision that comes as close as possible to the economic purpose of the original provision shall apply, to the extent legally permissible.

SECTION 18 – WAIVER AND ENTIRE AGREEMENT

Should we fail to immediately exercise or enforce a right under these Terms, this does not constitute a waiver of that right.

These Terms, together with any additional policies and conditions published on our website, form the basis for the use of our Services and the purchase of our products.

Mandatory statutory consumer rights remain unaffected by this.

SECTION 19 – ASSIGNMENT

You may not transfer your rights or obligations under these Terms to third parties without our prior written consent, to the extent legally permissible.

We reserve the right to transfer rights and obligations under these Terms as part of a business transfer, restructuring, or similar measure, provided this does not affect your statutory rights.

SECTION 20 – GOVERNING LAW

The laws of the Federal Republic of Germany apply, unless this conflicts with mandatory consumer protection provisions of the country in which you, as a consumer, have your habitual residence.

For consumers, the statutory rules on jurisdiction apply.

Nothing in these Terms limits the mandatory statutory rights of consumers.

SECTION 21 – CHANGES TO THESE TERMS

We reserve the right to update or amend these Terms as necessary, for example due to changes in the law, changes to our Services, or operational adjustments.

The current version of these Terms will be published on our website.

For contracts already concluded, the terms in effect at the time the contract was concluded generally apply, unless otherwise required by law.

SECTION 22 – CONTACT

If you have questions about these General Terms and Conditions or our Services, you can contact us.

daymarkshop@gmail.com