{"id":5968,"date":"2025-08-05T10:06:46","date_gmt":"2025-08-05T10:06:46","guid":{"rendered":"https:\/\/dakenita.staginghosting.com\/general-terms-and-conditions-of-sale\/"},"modified":"2026-07-02T12:42:15","modified_gmt":"2026-07-02T12:42:15","slug":"general-terms-and-conditions-of-sale","status":"publish","type":"page","link":"https:\/\/dakenita.staginghosting.com\/en\/general-terms-and-conditions-of-sale\/","title":{"rendered":"General Terms and Conditions of Sale"},"content":{"rendered":"\t\t
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READ THE TERMS AND CONDITIONS<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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General Terms and Conditions of Sale<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
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GENERAL TERMS AND CONDITIONS OF SALE \u2013 DAKEN S.P.A.SCOPE OF APPLICATIONArt. 1.1 \u2013 These General Terms and Conditions of Sale (\u201cGTC\u201d) apply to all contracts entered into by DAKEN S.p.A. (\u201cCompany\u201d or \u201cDaken\u201d) in connection with the sale of its products (\u201cProducts\u201d) to third-party purchasers (\u201cCustomers\u201d).Art. 1.2 \u2013 For the purposes of these GTC, the Company and the Customer are also collectively referred to as the \u201cParties\u201d and individually as the \u201cParty.\u201dArt. 1.3 \u2013 Any special conditions, exceptions, or amendments to these GTC shall be valid only if specifically agreed upon in writing between the Company and the Customer. In any case, these GTC, as may be supplemented and\/or amended pursuant to a written agreement between the Parties, shall be deemed an integral part of each sales contract concluded between the Company and the Customer as a result of the exchange of an Order and an Order Confirmation (as defined below).CONCLUSION OF THE CONTRACTArt. 2.1 \u2013 First Order. No contract for the sale of the Products may be concluded between the Parties unless the Customer has previously accepted these GTC.If a particular Customer has not already accepted these GTC, when such Customer submits a purchase proposal (\u201cOrder\u201d) to Daken, Daken will forward these GTC to that Customer. The Customer will have 5 (five) business days to return these GTC to Daken, duly signed (\u201cAcceptance Period\u201d). If the duly signed GTC are not returned by the Acceptance Deadline, the Order shall be deemed automatically revoked and void, entitling Daken not to process it. For the purposes of calculating the Acceptance Period, the Parties agree that \u201cbusiness days\u201d shall be those days on which financial institutions are open for business in Italy.Art. 2.2 \u2013 Subsequent Orders. Without prejudice to the provisions of the preceding article, with respect to all subsequent Orders from a specific Customer who has already accepted these GTC, there will be no need to accept the GTC again; rather, the Customer\u2019s Order will be directly followed by the Order Confirmation in accordance with the following articles.Art. 2.3 \u2013 Within 2 (two) days of receiving the signed T&Cs, in the case of a First Order, or of receiving the Order, in the case of Subsequent Orders, Daken will send the Customer the relevant Order Confirmation provided that the Company is able to fulfill the Customer\u2019s requests (\u201cOrder Confirmation\u201d). It is understood that failure to send the Order Confirmation within the timeframe specified in the preceding paragraph shall be deemed a rejection of the Order.Art. 2.4 \u2013 Upon receipt of the Order Confirmation, the sales contract between the Parties shall be deemed concluded. In any case, the Customer will have 48 (forty-eight) hours to notify Daken of any discrepancies between the Order and the Order Confirmation or to communicate any changes to the Order and\/or the cancellation, even in full, of the Order itself (\u201cModification Period\u201d). Once the Modification Period has expired, the Order may no longer be modified in any respect, and the contract shall be deemed fully effective between the Parties as set forth in the Order Confirmation. The Customer expressly waives any claim arising from, or in any way attributable to, any discrepancies between the Order and the Order Confirmation that were not promptly reported within the Modification Period.Art. 2.5. \u2013 Content. Both the Order and the Order Confirmation must specifically indicate (i) the type of Products requested, (ii) the corresponding quantity, (iii) the price, (iv) the packaging methods, (v) the delivery times, (vi) the delivery methods, (vii) the payment methods, and (viii) the contact information for communications.DELIVERYArt. 3.1 \u2013 With regard to the methods and timing of delivery of the Products, the terms agreed upon in the Order and the Order Confirmation shall apply. Art. 3.2. In any case, with regard to delivery timelines, it is understood that these are merely indicative and not binding, and are subject to a grace period of up to 15 (fifteen) days from the date indicated in the Order Confirmation.Art. 3.3 \u2013 Should a force majeure event occur in Italy\u2014whether established by fact or by a declaration from the Chamber of Commerce or the relevant authority\u2014including, but not limited to, national and company-wide strikes, accidents, mishaps, transportation disruptions, customs restrictions, wars, and generally any event that makes performance excessively burdensome or impossible, each Party shall have the right to terminate the contract entered into by virtue of the Order Confirmation or to extend the delivery deadline for a period equal to the duration of the aforementioned event. Should either Party exercise the right to terminate the contract pursuant to this article, the Customer shall be entitled solely to a refund of any advance payments, excluding any compensation for damages.Art. 3.4 \u2013 Deliveries in multiple installments are always permitted. The Customer is always required to accept delivery of the Products, even in the case of partial deliveries.
Art. 3.5 \u2013 In the event that the Parties have agreed to an Ex Works (Incoterms 2020) delivery at the Daken plant, the Parties agree that if 10 (ten) business days have elapsed since receipt of the notice that the goods are ready and the Customer has not physically picked up the Products, Daken reserves the right, in any case, to deliver the goods DAP (Incoterms 2020), charging the transportation costs, and the Customer shall not be entitled to raise any objection to refuse delivery of the Products.
Art. 3.6 \u2013 Daken shall have the right to suspend delivery of the Products related to a specific Order if the Customer is not up to date with its payment obligations, including those related to other Orders.
Art. 3.7 \u2013 Daken may also suspend deliveries in the event that the Customer\u2019s financial circumstances change substantially, as well as in the event of one or more dishonored checks, enforcement proceedings, the creation of liens and\/or mortgages, a petition for receivership, a composition with creditors, cessation of business operations, or other insolvency proceedings.
Art. 3.8 \u2013 The Parties agree that, if a delivery method has been agreed upon in accordance with the INCOTERMS (2020) such that delivery is to be deemed the responsibility of Daken, the Customer, if requested, must send to Daken within 5 (five) days of receiving the Products all documentation required for transport, such as the CMR (consignment note for international road transport) duly signed by Daken, the carrier, and the Customer, or the EX-A document with an exit stamp (for non-EU shipments), documentation serving as proof of delivery (for courier shipments), a statement confirming receipt of the goods and referencing the details of the relevant invoice, and, in general, all documentation specified in Article 45-bis, paragraph 1, letter a) of EU Regulation 282\/2011.
If the Customer is responsible for delivery, the Customer must send to Daken, within the time limit specified in the last paragraph of Article 45-bis, paragraph 1, subparagraph b) Regulation (EU) No. 282\/2011 (i.e., by the 10th day of the month following the shipment) all documentation required for the transport, such as the CMR (consignment note for international road transport) duly signed by Daken, the carrier, and the Customer, or the EX-A document with an exit stamp (for shipments outside the EU), documentation serving as proof of delivery (for courier shipments), a written declaration pursuant to Article 45-bis, paragraph 1, subparagraph b)(i), as well as, in general, all documentation referred to in Article 45-bis, paragraph 1, letter b)(ii) of EU Regulation 282\/2011.
Art. 3.9 \u2013 The obligations incumbent upon the Customer set forth in Art. 3.8 above also apply if the country of destination for the Products is not a member state of the European Union or if the Customer is not headquartered within the Union. In such cases, for the purpose of determining the exact documentation to be submitted, it is clear that the text of the aforementioned Art. 45-bis must be interpreted by removing all references to the European Union (e.g., \u201cMember State of destination\u201d shall be understood simply as \u201cCountry of destination,\u201d and so on).Art. 3.10 \u2013 By signing these GTC, the Customer expressly agrees to be held directly liable to Daken for any damages that Daken may suffer as a result of failure to comply with the obligations set forth in Article 3.8 above, including damages resulting from penalties imposed by the competent tax and fiscal authorities. PACKAGING Art. 4.1 \u2013 The packaging specifications are expressly indicated in the Order and in the Order Confirmation. Art. 4.2 \u2013 Upon receipt of the Products, it is the Customer\u2019s responsibility, before signing any documentation regarding the delivery\u2014which could imply unconditional acceptance thereof\u2014to immediately check (i) the quantities of Products received and (ii) any damage ordefects that are visually apparent on the packaging. In the event of any issues whatsoever regarding these aspects (quantity and integrity of the packaging), the Customer must report such circumstances to the carrier before the carrier is released from liability. The Customer must also ensure that their complaints are expressly noted on the shipping document and on the CMR (if applicable).If the carrier is released without the Customer having raised any complaint and without any reservations being noted on the shipping documents, the Products shall be deemed definitively delivered in the quantity ordered and free from any defects and\/or damage with respect to the packaging.DEFECTS AND WARRANTYArt. 5.1 \u2013 With regard to the identification of any apparent defects and\/or flaws in the Products, the Customer shall have 8 (eight) days from receipt of the Products to file a written complaint with Daken. Therefore, with regard to the identification of apparent defects, it is the Customer\u2019s responsibility, upon receipt of the Products, to unpack and inspect them within the aforementioned time limit. Once this period has elapsed without action, the Products shall be deemed free of any apparent defects and therefore fully accepted, without reservation.Art. 5.2 \u2013 With regard to any latent defects, the 8 (eight)-day period begins upon actual discovery of the defect, provided, however, that in no case shall a defect be considered latent if it could have been readily identified through a brief visual inspection of the unpacked Product or, in any event, a defect that could have been detected by exercising the due diligence expected of a business operator active in the specific product sector to which the Products belong. Therefore, it is understood that no claims will be accepted for any Products that the Customer, upon receipt, has immediately stored without promptly removing the packaging and\/or conducting a visual inspection.The Parties agree that once one year has elapsed since receipt of the Products, the Customer will no longer be able to raise any objections regarding any latent defects.Art. 5.3 \u2013 Every complaint must be accompanied by appropriate documentation, including photographs or videos, attesting to the alleged defects in the Products.Art. 5.4. \u2013 Upon receipt of all documentation, Daken will have 5 (five) days to notify the Customer whether or not the Products are covered by the warranty.
If so, at Daken\u2019s sole discretion, the Customer will be notified whether the Products will be replaced, repaired, and\/or whether a credit memo will be issued for use on future Orders.
Art. 5.5 \u2013 The following are excluded from the warranty in all cases:breakdowns or malfunctions resulting from failure to follow assembly or usage instructions, from causes external to the goods, or from negligence in maintenance or installation;damage or malfunctions due to normal wear and tear;failures or malfunctions resulting from tampering with the Products and\/or the replacement of parts with unauthorized spare parts;damage resulting from the use of the Products for purposes other than those for which they were designed.
PAYMENTS AND INVOICING Art. 6.1 \u2013 Payment must be made in accordance with the terms expressly agreed upon and as set forth in the Order Confirmation.
Art. 6.2 \u2013 In the event of late payment, the Customer shall pay Daken, without the need for a formal notice of default, interest on arrears at the prevailing bank rate, without prejudice to other actions to recover the debt, for which expenses will be charged. Art. 6.3 \u2013 The Customer may not raise any defense to avoid or delay payment, except in the cases provided for in Art. Article 1462 of the Civil Code. Subject to these limitations, in all other cases\u2014such as, by way of example only, disputes regarding the quantity and\/or quality of the Products, the timeliness of delivery, other similar matters, the Customer must in any case proceed with payment of the agreed-upon price without being able to raise any objections, subject to the right to subsequently seek reimbursement of the amount paid (solve et repete).
Art. 6.4. \u2013 The Parties agree that Daken shall retain ownership of the Products until the Order amount has been paid in full, provided that the Customer assumes all risks associated with the Products as of the time of delivery.
7. DISTRIBUTIONArt. 7.1 If the Parties have agreed that the Customer will act as a distributor for Daken, the terms and conditions of such relationship shall be specifically detailed in a separate master distribution agreement; however, these GTC shall remain applicable, to the extent they are compatible, to all matters not expressly governed by the master distribution agreement.
8. EXPRESS TERMINATION CLAUSEArt. 8.1 \u2013 The Company shall have the right to notify the Customer of the termination of the sales contract\u2014which was concluded through the exchange of an Order and an Order Confirmation\u2014pursuant to Article 1456 of the Italian Civil Code, in the following cases:As provided for in Article 3.5 above;In the event of a payment delay exceeding 90 (ninety) days from the agreed-upon terms;If a distribution agreement has been entered into between the Parties, in the event of its termination.
Art. 8.2 \u2013 In the event of termination of the contract prior to delivery of the Products, Daken shall be entitled not to complete the fulfillment of the relevant Orders, and this shall in no way entitle the Customer to make any claims whatsoever against Daken.
9. COMMUNICATIONSArt. 9.1 \u2013 All communications referred to in these Terms and Conditions must be sent via email to the addresses indicated in the Order and in the Order Confirmation.
Art. 9.2 Notwithstanding the provisions of Art. 9.1 above, with respect to communications relating to Art. 5, and provided that the Customer has its registered office in Italy, such communications must be sent via certified email (PEC) or by registered mail with return receipt.10. JURISDICTION AND GOVERNING LAWArt. 10.1 \u2013 The courts of Bari shall have exclusive jurisdiction over any dispute concerning the interpretation, performance, voidability, or termination of these General Terms and Conditions or of a contract arising from the exchange of an Order and an Order Confirmation. The contract and these General Terms and Conditions shall be governed by Italian law, with the express exception of the application of the conflict-of-laws rules set forth in Law 218\/95 and the 1980 Vienna Convention on the International Sale of Goods.11. MISCELLANEOUSArt. 11.1 \u2013 Under no circumstances does the conclusion of the contract confer upon the Customer any rights to Daken\u2019s intellectual property; consequently, any distinctive sign, trademark, and\/or know-how associated with and\/or related to the Products shall remain the exclusive property of Daken, and the Customer is expressly prohibited from reproducing and\/or using them without Daken\u2019s express authorization.Art. 11.2 \u2013 Each Order and its corresponding Order Confirmation constitute a single, independent sales contract. Therefore, under no circumstances may subsequent and repeated orders placed by the Customer\u2014even if they pertain to the same types of Products\u2014be considered and\/or classified as part of a single supply contract, or as relating to the same sales contract or, in any case, to any \u201cframework framework agreement\u201d between the Parties, unless such circumstances have been expressly provided for and agreed upon in writing.Art. 11.3 \u2013 Under no circumstances shall Daken be liable to the Customer for any damage caused to the Customer or to third parties as a result of tampering with the Products, use of the Products for purposes other than those for which they are intended according to the technical specifications provided by Daken, or replacement of Product parts with spare parts not supplied by Daken. Except as provided above, Daken\u2019s liability shall be limited to direct damages suffered by the Customer and shall not exceed 30% (thirty) of the price specified in the Order Confirmation for that Product. Subject to any mandatory legal limitations, Daken shall not be required to compensate the Customer for lost profits and\/or any indirect and\/or consequential damages. In any case, Daken will not indemnify the Customer for any damages, on whatever grounds, that the Customer may be required to pay to third parties.Art. 11.4 \u2013 The Customer agrees not to disclose, use, export, or re-export the Products, either directly or indirectly, except in full compliance with all applicable export control regulations.Art. 11.5 \u2013 In interpreting these GTC, reference shall be made to the ordinary meaning of the terms as commonly used in the Italian language, except for those terms expressly defined and consequently indicated with a capital letter, which shall therefore be interpreted in accordance with such specific definition. Article headings, where present, are included for descriptive purposes only and may not be used to interpret a specific article in a manner inconsistent with the content of the article itself.Art. 11.6 Privacy. Daken S.p.A. has implemented the additions and amendments made to the regulations on personal data protection by the Regulation. EU Regulation 679\/2016 (GDPR) and the Italian Privacy Code (Legislative Decree 196\/2003), as amended by Legislative Decree 101\/2018. By signing these General Terms and Conditions, the Customer declares that they have read the Privacy Policy on the website [\u2022], provided in accordance with Articles 13 and 14 of the GDPR, regarding the processing of personal data.Daken S.p.A. will duly inform all its customers of its closure dates during the summer (mid-August) and winter (late December\u2013early January) holiday periods.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

READ THE TERMS AND CONDITIONS General Terms and Conditions of Sale GENERAL TERMS AND CONDITIONS OF SALE \u2013 DAKEN S.P.A.SCOPE OF APPLICATIONArt. 1.1 \u2013 These General Terms and Conditions of Sale (\u201cGTC\u201d) apply to all contracts entered into by DAKEN S.p.A. (\u201cCompany\u201d or \u201cDaken\u201d) in connection with the sale of its products (\u201cProducts\u201d) to third-party […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-5968","page","type-page","status-publish","hentry"],"yoast_head":"\nGeneral Terms and Conditions of Sale - Daken S.p.A.<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/dakenita.staginghosting.com\/en\/general-terms-and-conditions-of-sale\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"General Terms and Conditions of Sale\" \/>\n<meta property=\"og:description\" content=\"READ THE TERMS AND CONDITIONS General Terms and Conditions of Sale GENERAL TERMS AND CONDITIONS OF SALE \u2013 DAKEN S.P.A.SCOPE OF APPLICATIONArt. 1.1 \u2013 These General Terms and Conditions of Sale (\u201cGTC\u201d) apply to all contracts entered into by DAKEN S.p.A. 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