Términos del servicio

DAWN / DUSK

Terms and Conditions of Use

Effective Date: January 1, 2025  ·  Last Revised: June 1, 2025  ·  Version 3.2

 

 

Section 1 — Definitions

For the purposes of these Terms and Conditions (“Terms,” “Agreement”), the following definitions shall apply throughout this document and all incorporated policies, schedules, and addenda:

 

Company, we, us, or our

Refers to Dawn / Dusk, its parent entities, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers.

Service

Refers to the website located at www.dawnordusk.com, including all subdomains, associated mobile applications, software, features, content, and related services made available by the Company.

User, you, or your

Refers to any individual or entity that accesses or uses the Service in any capacity, including without limitation as a visitor, registered account holder, subscriber, or customer.

Products

Refers to all physical goods, digital products, subscriptions, memberships, and any other items offered for purchase through the Service.

"Membership or Club Membership

Refers to the Dawn or Dusk Club subscription program described in Section 7 herein.

Content

Refers to all text, photographs, graphics, audio, video, data, information, and other materials that appear on or are made available through the Service.

Order

Refers to a request submitted by you to purchase one or more Products from the Company through the Service.

Billing Cycle

Refers to the 28-day recurring period applicable to subscription and Membership products, unless otherwise specified at the point of purchase.

Personal Data

Has the meaning ascribed to it under applicable data protection law, including but not limited to the California Consumer Privacy Act (CCPA) and applicable regulations thereunder.

 

Section 2 — Acceptance of Terms

By accessing, browsing, or otherwise using the Service — including but not limited to visiting any page of the website, creating an account, submitting an order, or enrolling in a Membership — you agree to be unconditionally bound by these Terms, our Privacy Policy, our Refund Policy, and our Shipping and Delivery Policy, each of which is incorporated herein by reference and forms a part of this Agreement.

Your continued use of the Service following any modification to these Terms shall constitute your binding acceptance of such modifications. These Terms supersede any prior oral or written representations, warranties, covenants, or agreements between you and the Company with respect to the subject matter hereof.

If you are accessing the Service on behalf of a business entity, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and your agreement to these Terms will be treated as the agreement of such entity. In such case, “you” will refer to that entity.

 

Section 3 — Eligibility and Account Registration

The Service is intended solely for users who are at least 18 years of age. By using the Service, you represent and warrant that you are 18 years of age or older, that you have the right, authority, and legal capacity to enter into this Agreement, and that you are not barred from doing so under applicable law.

If you choose to register an account with us, you agree to:

(a)  Provide accurate, current, and complete information during the registration process and keep such information updated.

(b)  Maintain the security of your password and accept all risks of unauthorized access to your account.

(c)  Promptly notify us if you discover or suspect any security breaches related to your account.

(d)  Take full responsibility for all activities that occur under your account, whether or not authorized by you.

(e)  Not transfer your account to any other person or entity without our prior written consent.

(f)  Not use another person’s account without that person’s express written authorization.

We reserve the right to refuse registration, cancel accounts, or remove or edit content in our sole discretion and without notice or liability to you.

 

Section 4 — Communications and Marketing

By providing your contact information — including your name, email address, telephone number, or mailing address — in connection with any transaction, account creation, or inquiry, you acknowledge and agree that the Company may contact you for the following purposes:

(a)  Transactional communications, including order confirmations, shipping notifications, and customer support.

(b)  Marketing and promotional communications, including product announcements, editorial content, special offers, and loyalty program updates.

(c)  Service-related announcements, including changes to these Terms, our Privacy Policy, or other operational matters.

You may opt out of marketing communications at any time by (i) clicking the “unsubscribe” or “opt-out” link contained in any promotional email we send, (ii) contacting us directly at hi@dawnordusk.com, or (iii) calling us at +1 (844) 561-1380. Please note that even if you opt out of marketing communications, you will continue to receive transactional and service-related communications necessary to administer your account or fulfill your orders.

Opting out of marketing communications does not constitute withdrawal of consent to these Terms generally or to any provision hereof. Opt-out requests may take up to ten (10) business days to process.

 

Section 5 — Products, Orders, and Purchases

All product descriptions, images, pricing, and availability information displayed on the Service are provided for informational purposes only and are subject to change without notice. The Company makes no representation that the information on the Service is accurate, complete, or current, and expressly disclaims liability for any errors or omissions in such information.

When you submit an Order, you represent and warrant that:

(a)  You are legally authorized to use the payment method provided;

(b)  The payment information you supply is true, correct, current, and complete;

(c)  Charges you incur will be honored by your bank, card network, or payment provider;

(d)  You will pay charges incurred by you at the posted prices, including all applicable taxes and fees.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Company reserves the right, at any time after receipt of your order, to accept or decline your order, or any portion thereof, for any reason whatsoever.

In the event that a product is listed at an incorrect price due to typographical error or pricing error, the Company shall have the right to refuse or cancel any orders placed for products listed at the incorrect price, regardless of whether the order has been confirmed or your payment method charged.

 

Section 6 — Pricing, Payment, and Billing

All prices displayed on the Service are in U.S. Dollars (USD) unless otherwise noted. Prices are exclusive of all applicable taxes, duties, levies, and shipping charges unless expressly stated otherwise. You are responsible for all such charges where applicable.

Payment is due at the time of purchase. We accept major credit cards, debit cards, and other payment methods as displayed at checkout. By entering payment information, you authorize us to charge the applicable amount to your selected payment method.

The Company uses third-party payment processors to handle payment transactions. By submitting your payment information, you agree to the terms and conditions of the applicable payment processor, and authorize the Company to share your payment information with such processors solely for the purpose of completing your transaction and preventing fraud.

The Company reserves the right, in its sole discretion, to:

(a)  Change prices at any time without prior notice, provided that such changes will not affect orders already accepted and fulfilled;

(b)  Offer promotional pricing or discounts that may differ between customers, and you shall not be entitled to any pricing offered to other customers;

(c)  Limit or cancel purchase quantities per person, per household, or per order.

 

Section 7 — Dawn or Dusk Club Membership

The Dawn or Dusk Club (“Club” or “Membership”) is a recurring subscription program offered by the Company. By enrolling in the Membership, you agree to the following terms in addition to the general Terms set forth in this Agreement:

 

Benefits

Membership benefits may include, but are not limited to: waived shipping fees on qualifying orders, exclusive member discounts, early access to new product releases, special promotional offers, and such other perks as the Company may determine from time to time. Benefits, pricing, and features may be modified, substituted, or discontinued by the Company at any time and without prior notice.

Trial Period

New Membership enrollments include a three (3) day free trial period commencing on the date of enrollment. During this trial period, you will have full access to Membership benefits. Unless you cancel your Membership before the end of the trial period, your Membership will automatically convert to a paid subscription and you will be charged the then-current Membership fee. Cancellation of your trial must be completed before 11:59 PM Pacific Time on the third calendar day following enrollment.

Recurring Billing

Following any applicable trial period, your Membership will automatically renew every twenty-eight (28) days at the then-current Membership fee, and your payment method on file will be charged accordingly. You will receive a reminder notification prior to each renewal to the email address associated with your account.

Cancellation

You may cancel your Membership at any time by contacting us at hi@dawnordusk.com prior to your next billing date. If you cancel after a renewal has already been processed, your Membership benefits will remain active through the end of the current billing period, but the fee for that period is non-refundable. Membership fees are non-refundable under all circumstances unless required by applicable law.

 

Section 8 — Auto-Renewal and Cancellation Terms

Certain products and services available through the Service, including the Membership described in Section 7, are offered on a recurring subscription basis. For all such products and services, the following terms apply:

(a)  Automatic Renewal. Your subscription will automatically renew at the end of each applicable billing period until cancelled. By enrolling in any subscription product, you expressly authorize us to charge your payment method on file at the beginning of each renewal period at the then-current subscription rate.

(b)  Renewal Notification. We will provide advance notice of each upcoming renewal to the email address associated with your account. It is your responsibility to maintain a current email address with us and to monitor such notifications.

(c)  Cancellation Procedure. To cancel a subscription, you must contact us at hi@dawnordusk.com prior to the commencement of the next billing cycle. Cancellation requests submitted after a billing cycle has commenced will take effect at the end of that billing cycle.

(d)  Failed Payments. If a subscription payment is not successfully collected on the due date for any reason, we reserve the right to suspend your access to subscription benefits pending resolution, and to retry the charge at any subsequent time using your payment method on file. Any outstanding balance may be collected at a later date, and continued non-payment may result in permanent termination of your subscription.

(e)  No Refunds on Subscription Fees. Unless otherwise required by applicable law, subscription fees are non-refundable for any period for which you have already been charged, regardless of usage.

 

Section 9 — Refund and Return Policy

General Refund Window

You may request a refund for unshipped items within thirty (30) calendar days of your order date. Refund requests must be submitted by contacting hi@dawnordusk.com with your order number and a description of the issue. Once an order has shipped, it is generally ineligible for refund, subject to the exceptions below.

Final Sale Items

Items designated as “Final Sale” at the time of purchase are not eligible for return, exchange, or refund under any circumstances. By purchasing a Final Sale item, you acknowledge and accept these conditions.

Defective or Incorrect Items

If you receive a product that is defective, damaged in transit, or materially different from what you ordered, please contact hi@dawnordusk.com within fourteen (14) calendar days of delivery with your order number and photographic evidence of the issue. Where a defect or error is confirmed to be the Company’s responsibility, the Company will, at its election, provide a replacement item at no additional cost or issue a full or partial refund.

Exclusions

The following are not eligible for refund under any circumstances:

•        Shipping and handling fees

•        Membership or subscription fees

•        Orders cancelled after the applicable cancellation window

•        Products damaged due to customer misuse or mishandling

•        Digital products or downloads once accessed

 

Section 10 — Shipping and Delivery

All orders are processed and shipped from our facility in accordance with the shipping method selected at checkout. Estimated delivery times are provided for informational purposes only and do not constitute a guarantee of delivery by a specific date. The Company is not liable for delays caused by carriers, customs authorities, weather events, or other circumstances outside our control.

Risk of loss and title for all Products purchased from us pass to you upon delivery of the items to the carrier.

(a)  Domestic Orders. Standard shipping is fulfilled using our selected carrier partners. Tracking information will be provided to the email associated with your order once your shipment is dispatched.

(b)  International Orders. International shipments may be subject to customs duties, import taxes, brokerage fees, and other charges levied by destination country authorities. These charges are solely your responsibility and are not included in our product or shipping prices.

(c)  Non-Refundable Shipping. Shipping and handling fees are non-refundable under all circumstances, including in cases of order cancellation, unless the cancellation is due to a Company error.

(d)  Incorrect Addresses. You are solely responsible for providing a complete and accurate shipping address at checkout. The Company is not liable for non-delivery resulting from an incorrect or undeliverable address provided by you.

 

Section 11 — Intellectual Property

All Content on the Service, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, is the exclusive property of the Company or its licensors and is protected by United States and international copyright, trademark, trade dress, patent, trade secret, and other applicable intellectual property and proprietary rights laws.

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial purposes. You may not:

(a)  Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or its Content without our express prior written permission;

(b)  Use any of our trademarks, logos, or brand names without our express prior written consent;

(c)  Create derivative works based on Content from the Service;

(d)  Use data mining, robots, scrapers, or other automated data extraction tools on any part of the Service;

(e)  Frame or mirror any portion of the Service without our prior written authorization.

All rights not expressly granted herein are reserved by the Company.

 

Section 12 — User Conduct and Prohibited Uses

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

i.       In any way that violates any applicable federal, state, local, or international law or regulation.

ii.      To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

iii.     To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

iv.    To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which may harm the Company or users of the Service.

v.      To interfere with or disrupt the integrity or performance of the Service or the data contained therein.

vi.    To attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service.

vii.   To engage in any form of automated data collection, scraping, crawling, or harvesting of Content or data without our prior written consent.

viii. To use the Service to engage in fraudulent activity, including submitting false or misleading information in connection with an order or account registration.

ix.    To purchase Products for resale, arbitrage, or commercial purposes without our express written authorization.

x.      To take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

 

Violation of any of the foregoing may result in immediate termination of your account and access to the Service, as well as potential legal action.

 

Section 13 — Third-Party Links and Services

The Service may contain links to websites operated by third parties. These links are provided solely for your convenience and do not constitute an endorsement, sponsorship, or recommendation by the Company of any third party, their products, services, or websites. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party website.

You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party website.

 

Section 14 — Privacy and Data

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, store, and share information about you when you use the Service. By using the Service, you consent to the collection and use of your data as described in our Privacy Policy.

We may use aggregated, anonymized, or de-identified data for any purpose, including improving our products and services, conducting research, and sharing such data with our partners.

By submitting an order, you authorize us to share your information with third-party payment processors, shipping carriers, and fraud prevention services as necessary to complete your transaction and protect against unauthorized use.

 

Section 15 — Disclaimers and Warranties

THE SERVICE AND ALL PRODUCTS, CONTENT, AND INFORMATION AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, the Company does not warrant that:

(a)  the Service will meet your requirements;

(b)  the Service will be uninterrupted, timely, secure, or error-free;

(c)  the results obtained from the use of the Service will be accurate or reliable;

(d)  any errors in the Service will be corrected;

(e)  the Service is free of viruses or other harmful components.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

 

Section 16 — Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR PRODUCTS.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS (USD $100.00).

The foregoing limitations shall apply whether such liability is based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and whether or not the Company has been advised of the possibility of such damages.

 

Section 17 — Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, service providers, employees, agents, officers, directors, and successors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to:

(a)  your use of or access to the Service;

(b)  your violation of any provision of these Terms;

(c)  your violation of any third-party rights, including any intellectual property, privacy, or publicity rights;

(d)  any claim that your use of the Service caused damage to a third party;

(e)  any fraud or misrepresentation you make in connection with your use of the Service.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree not to settle any such matter without the Company’s prior written consent.

 

Section 18 — Dispute Resolution and Arbitration

IMPORTANT: This section contains a binding arbitration clause and a class action waiver that affect your legal rights. Please read carefully.

 

Informal Resolution First

Before initiating any formal dispute resolution process, you agree to first contact us at hi@dawnordusk.com and attempt to resolve the dispute informally. We will attempt to resolve any dispute within thirty (30) days of receiving your notice.

Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof shall be determined by binding arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, before one arbitrator. Judgment on the award may be entered in any court having jurisdiction. Arbitration shall take place in Los Angeles County, California, or, at your election, via telephone or video conference.

Class Action Waiver

You and the Company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative action. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Exceptions

Either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm or infringement of intellectual property rights.

 

Section 19 — Governing Law

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of California, United States, without giving effect to any choice or conflict of law provision or rule.

Subject to the arbitration provisions of Section 18, any legal suit, action, or proceeding arising out of these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City and County of Los Angeles.

 

Section 20 — Termination

The Company reserves the right, in its sole discretion and without prior notice or liability, to suspend or permanently terminate your access to all or any part of the Service at any time, for any reason or no reason, including but not limited to:

(a)  your breach of any provision of these Terms;

(b)  your engagement in fraudulent or illegal activity;

(c)  your conduct that is harmful to other users, third parties, or the Company’s business interests;

(d)  extended periods of account inactivity;

(e)  discontinuation of the Service by the Company.

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation provisions governing ownership of intellectual property, disclaimers of warranties, limitations of liability, and dispute resolution.

 

Section 21 — Changes to These Terms

The Company reserves the right to revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when posted to the Service. For changes that materially affect your rights or obligations, the Company will provide at least thirty (30) days’ advance notice via email or a prominent notice on the Service.

Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.

 

Section 22 — Miscellaneous Provisions

Entire Agreement

These Terms, together with the Privacy Policy, Refund Policy, and Shipping and Delivery Policy incorporated herein by reference, constitute the entire and exclusive agreement between you and the Company with respect to the Service, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

Waiver

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of the Terms will continue in full force and effect.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. The Company may freely assign or transfer these Terms without restriction.

Force Majeure

The Company shall not be liable for any delay or failure to perform any obligation under these Terms where such delay or failure results from causes beyond our reasonable control, including acts of God, war, terrorism, epidemic, pandemic, labor disputes, governmental actions, or failure of third-party service providers.

No Third-Party Beneficiaries

These Terms are for the sole benefit of you and the Company, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

Governing Language

These Terms were written in English. To the extent any translated version of these Terms conflicts with the English version, the English version shall control.

Contact Us

If you have any questions, concerns, or requests relating to these Terms or the Service, please contact us:

Email:  hi@dawnordusk.com

Phone:  +1 (844) 561-1380

Website:  www.dawnordusk.com