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General Terms
& Conditions

Dawa, S.L. ("Dawa," "we," or "our") provides our services (described below) and related content through our website located at www.dawa.io (the "Site") and our mobile applications and related technologies ("Mobile Applications," and collectively, the Mobile Applications and the Site, including any updated or new functionality and technology, the "Service"). All access to and use of the Service is subject to these Terms of Service (occasionally modified, the "Terms of Service"). By accessing, browsing, or using the Site, Mobile Applications, or any other aspect of the Service, you confirm that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept these terms, you may not access or use the Service.

Dawa reserves the right to change or modify sections of these Terms of Service at any time, at its sole discretion. We will post such changes on this page and notify you of significant changes through the Service interface, a pop-up notice, email, or other reasonable means. Your continued use of the Service after the date such changes become effective constitutes your acceptance of the new Terms of Service.

1. Introduction

The Platform

Dawa has developed an advanced technology platform to manage returns, used product resale (Dawa Circular), and repair services (Dawa Repairs) for products purchased by Consumers from Dawa’s partner merchants (the "Platform"). Among other features, the Platform enables automatic and immediate refunds, resale credit assignment, and full repair process management.

Services

The services provided by Dawa include:

Platform License, which grants the Client a non-transferable, non-exclusive right to use the Platform during the Contract term.
Platform Setup Assistance, with a Dawa representative assigned as the main point of contact.
Customer Support for operating services on the Platform.
Dawa Circular Services, allowing product trade-in and resale management and the assignment of credits to customers based on product condition.
Dawa Repairs Services, providing support for product repair, pick-up, and delivery logistics for repaired items, as well as automated estimates.

The services provided by Dawa include:

Platform License, which grants the Client a non-transferable, non-exclusive right to use the Platform during the Contract term.
Platform Setup Assistance, with a Dawa representative assigned as the main point of contact.
Customer Support for operating services on the Platform.
Dawa Circular Services, allowing product trade-in and resale management and the assignment of credits to customers based on product condition.
Dawa Repairs Services, providing support for product repair, pick-up, and delivery logistics for repaired items, as well as automated estimates.

The services provided by Dawa include:

Platform License, which grants the Client a non-transferable, non-exclusive right to use the Platform during the Contract term.
Platform Setup Assistance, with a Dawa representative assigned as the main point of contact.
Customer Support for operating services on the Platform.
Dawa Circular Services, allowing product trade-in and resale management and the assignment of credits to customers based on product condition.
Dawa Repairs Services, providing support for product repair, pick-up, and delivery logistics for repaired items, as well as automated estimates.

The Client

The Client is a merchant interested in partnering with Dawa and using the Platform so its Consumers can manage returns, resale, and product repairs.

2. Scope of Services

Purpose

This Agreement governs the terms under which Dawa will provide Services to the Client in exchange for a Monthly or Annual Subscription. The Subscription will include a transaction limit, and an additional fee will apply if the limit is exceeded.

Definitions and Nature of the Contract

Capitalized terms not expressly defined will have the meaning assigned in the Specific Conditions.

3. Fees and Billing

Subscription Fee

The Client will pay a Monthly or Annual Subscription as indicated in the Commercial Proposal. This Subscription covers a maximum number of returns, repairs, and trade-in transactions.

Additional Fees

If the Client exceeds the annual limit, an additional fee will apply for each additional return, repair, or trade-in.

Payment and Billing

Dawa will issue a monthly or annual invoice to the Client, including the subscription fee and any extra fees. The Client must pay within 30 calendar days. Incorrect invoices must be notified within 30 days for adjustment.

4. Obligations of the Parties

Dawa's Obligations

Maintain the proper functioning of the Platform.
Provide reasonable support and guidance to the Client.
Fulfill all contractual commitments.

Client's Obligations

Promptly pay the Monthly or Annual Subscription and any additional fees.
Provide return policy information to Consumers.
Manage requested returns, resales, and repairs.
Inform Dawa of rejections of refunds or trade-in credit.
Comply with Platform technical specifications and avoid reverse engineering.
Use the Platform exclusively for lawful purposes.
In the case of Dawa Circular and Repairs, clearly state the product condition at the start of the repair process and cooperate in the item pick-up and delivery logistics.

5. Duration of the Contract

Effective Date and Duration

The Contract will take effect on the Signing Date and will remain in force for one year or as defined, automatically renewing unless either party expresses intent to not renew at least 30 days in advance.

6. Termination

Grounds for Termination

This Contract may be terminated early in the following cases:

Mutual agreement between the Parties.
Serious breach by either party, which may be remedied within 15 days before the Contract is terminated.

Effects of Termination

In case of termination:

The Client must destroy all copies of the Platform and documentation.
Confidentiality and intellectual property clauses will remain in effect.
The Parties will not be required to compensate or indemnify for damages, except for serious breaches.

7. Intellectual Property

Each Party acknowledges the other’s intellectual property rights. Dawa’s ownership includes the Platform, procedures, work methods, manuals, and any software or technology developed under the Contract, including images of refurbished or repaired products. The Client may not reproduce, modify, or distribute the Platform without Dawa’s prior written permission.

8. Liability

Client’s Responsibility

The Client assumes responsibility for product purchases and returns and Consumer claims. Dawa is not responsible for the relationship between the Client and Consumers.

Limitation of Liability

Dawa is not liable for indirect or unforeseen damages, except as provided in applicable law.

9. Confidentiality

The Parties agree to treat as confidential all commercial, technical, or sensitive information related to the Services. This obligation will remain in force indefinitely after the Contract ends.

10. Data Protection

Both Parties will comply with the General Data Protection Regulation (GDPR) and Spain’s Organic Law on Data Protection (LOPDGDD). Dawa and the Client are responsible for processing personal data for their respective representatives. Dawa will manage Consumers' personal data on the Platform according to legal security and confidentiality requirements.

Data Processing Agreement

Where Dawa processes Consumer personal data, both parties will sign a data processing agreement, as specified in the corresponding Annex.

11. Miscellaneous

Modifications

Any modifications must be in writing and formally agreed upon by both parties.

Entire Agreement and Severability

This Agreement supersedes any prior agreement related to its subject matter, and null or illegal clauses will be replaced by others that align with the original purpose.

Notices

Notices must be in writing and sent to the addresses specified in the Specific Conditions.

12. Governing Law and Jurisdiction

This Agreement is governed by Spanish common law, with both parties expressly submitting to the courts of Barcelona.

13. Conditions for Second Life or Repair Products

Resale Values

The Service, or a Dawa-participating merchant’s site or app, may display a resale value (as defined below) for an Eligible Good, provided it is in Excellent or Very Good Condition (as defined below) and is delivered promptly in compliance with these Seller Terms and Conditions.

Reduced Value Transactions

When the guaranteed value of a good is no longer valid due to time or condition, it may become a “Reduced Value Good." The reduced value reflects our estimate of the good’s current resale value, considering its age and condition, based on comparable pre-owned goods and other factors.

14. Shipping Responsibility

Limited Liability on Shipments

Our company acts solely as an intermediary between the client and the selected shipping companies. We assume no responsibility for any losses, damages, delays, or other incidents that occur during the shipping process and are attributable to the shipping company.

Exclusion of Liability for Package Loss

We are not responsible for the total or partial loss of packages once they have been handed over to the shipping company. Responsibility for the package’s integrity and delivery lies with the shipping company from the moment it leaves our facilities.

Shipping Insurance (Coverage with Dawa)

If the client has purchased shipping insurance with Dawa under a prior contractual agreement, such insurance will cover losses or damages per the terms in the insurance contract. Coverage and insured amounts are subject to the conditions and limitations detailed in the insurance contract provided by Dawa.

Shipping Claims

In case of loss or damage during shipping, the client must file any claim directly with the shipping company unless they have insurance with Dawa, in which case claims will be processed according to the insurance terms and the prevailing contract.

Acceptance of Terms

By contracting our services, the client accepts these terms and conditions and acknowledges that our responsibility for shipments is limited solely to intermediating, except in cases where specific shipping insurance with Dawa is in place.