Terms of Sale

  1. 1 Scope of application

    1. These general conditions of online sales (hereinafter “Conditions”) govern and shall be deemed to be an integral part of all contracts for the sale and purchase of the Products (as defined below), executed remotely through the website https://store.daikowelding.com (hereinafter the “Store”) between the company Daiko S.r.l., with registered office in Viale Felissent 84/D, Treviso (TV), VAT no. IT04907220265 (hereinafter the “Seller”) and Your company (hereinafter the “Purchaser”).
    2. These Conditions may be amended by the Seller at any time. Any changes shall become effective on the date of their publication on the Store in the “Conditions of online sales” section. Therefore, the Purchaser shall access the Store on a regular basis, consult and download, before making any purchase, a copy of the updated version of the Conditions. It is understood that the applicable Conditions are those in effect on the date of the Order submission, which are considered and consequently accepted by the Purchaser according to the procedure provided under article 4.2.
    3. Any conditions applied by the Purchaser shall not have the effect of supplementing, superseding or replacing the provisions set forth under these Conditions. The Purchaser consequently renounces the application of any of its own general and/or particular conditions of purchase which shall, therefore, be deemed to be ineffective between the Parties.
    4. The Purchaser declares that it is an individual or an entity intending to purchase the Products in the framework and for the scope of its entrepreneurial, commercial, artisan or professional activity. The Purchaser is therefore aware that, since it shall not be construed as a consumer under the Consumer Code, it cannot and will never be able to claim the rights guaranteed under the Consumer Code.
  2. 2 Definitions

    1. The following terms, when used in these Conditions shall have the following meanings:

      “Purchaser”: means Your company and any professional purchaser under the meaning of the Consumer Code identified in each Order and registered in the “PROFILE” section of the Store, in accordance with the Registration Procedure;

      “Consumer Code”: means the Legislative Decree no. 206/2005 as amended and supplemented;

      “Customer Code”: means the code made up of the letter C followed by 6 alpha-numerical characters as present in each document issued by the Seller;

      “Conditions”: means these general conditions of online sales drafted by the Seller and published in the “Conditions for online sales” section of the Store;

      “Order Confirmation”: means the communication sent by the Seller to the Purchaser via e-mail in order to execute the sale of the Products, containing: (i) a list of the purchased Products; (ii) the Price of the purchased Products; (iii) the VAT; (iv) the Delivery Costs; (v) the Delivery Point; (vi) the term for delivery;

      “Delivery Costs”: means the costs of delivery indicated in the Order Confirmation and calculated in accordance with the Table of Costs published in the “Returns and shipping” section of the Store;

      “IP Rights”: means industrial or intellectual property rights owned by the Seller or granted to the Seller, an associate of the Seller or the Seller's legal representative under license, as defined under article 14.1;

      “Force Majeure Event”: indicates any circumstances which was unforeseeable at the time of issuance of the Order or Order Confirmation and beyond the control of the Parties such as, but not limited to, industrial disputes, fire, war, extensive military mobilization, insurrection, requisition, seizure, embargo, currency and import/export restrictions epidemics (including Covid-19 and possible variants), natural disasters and terrorist acts as well as national, government, regional or local laws, regulations or acts establishing restrictions on movement, work and operations due to epidemiological circumstances (Covid-19, including its variants, and others);

      “Order”: means the purchase order submitted by the Purchaser to the Seller in accordance with art. Errore. L'origine riferimento non è stata trovata.;

      “Party”: means severally the Seller or the Purchaser;

      “Parties”: means jointly the Seller and the Purchaser;

      “Warranty Period”: means the period of 6 (six) months after which the Purchaser will lose the right to raise valid and effective Claims to the Seller for Defects of the Products;

      “Store”: means the Seller’s website https://store.daikowelding.com;

      “Price”: means the price indicated on the Store with regard to each Product, to be understood as not including VAT;

      “Registration Procedure”: means the procedure for the registration to the Store as set forth under article 3.4;

      “Products”: means all the products displayed on the Store, sold by the Seller to the Purchaser following the acceptance of the relevant Order(s);

      “Delivery Point”: means the Seller’s facility or a different location at which the Seller, at the Purchaser’s expense, shall deliver the Products, either by itself and on its own risk or by using designated carriers;

      “Claim”: means the notice by which the Purchaser reports possible Defects of the Products to the Seller within the time limit specified in art. 8.1;

      “Table of Costs”: means the table published on the “Returns and shipping section” of the Store, indicating the fees applicable to shipping the Products to the Delivery Point;

      “Seller”: means Daiko S.r.l., with regsitered office in Viale Felissent 84/D, Treviso (TV), C.F. e P.IVA IT04907220265;

      “Defects”: means any defects of the Products in accordance with art. 8.1.

  3. 3 Registration to the Store

    1. The purchase of Products through the Store may be carried out only after registration of the Purchaser on the Store in accordance with the Registration Procedure.
    2. The registration to the Store is permitted solely to persons who do not qualify as consumers under the Consume Code.
    3. The registration to the Store is free of charge.
    4. In order to register to the Store and set up the relevant account, the Purchaser must provide the data requested on the relevant page of the Store. In case the Purchaser is already a customer of the Seller, and therefore already in possession of a Customer Code, they shall have to also insert the same on the Store at the moment of registration. In any case, the Purchaser shall be requested to insert a valid e-mail address (i.e. username), create a password and click on the “Register” button. In case of acceptance of the inserted data, the Purchaser shall receive from the Seller a confirmation e-mail, with which they shall be informed of the successful registration and of the possibility to access the “PROFILE” using their username and password (hereinafter, “Registration Procedure”).
    5. Registration to the Store in accordance with the Registration Procedure will enable the Purchaser to: (i) place Orders through the Store; (ii) view the Status of pending Orders and view the archive of placed Orders; (iii) manage and modify the data provided during the Registration Procedure; (iv) change the password; (v) view commercial documents related to sale and purchase contracts executed with the Seller (e.g. Orders issued, shipping documents, invoices etc.).
    6. The login credentials for logging in on the Store (i.e. username and password) must be kept with extreme care and attention and may only be used by the Purchaser, who undertakes not to give them to third parties and to immediately inform the Seller, by contacting it at the contact details provided by the latter [or indicated on the Store], in the event that it suspects or becomes aware of any improper use or undue disclosure of its login credentials. The Purchaser acknowledges and agrees that the Seller shall under no circumstances be held liable for the fulfillment of Orders and the consequent charging of the Price for Orders placed by third parties, without the Purchaser’s knowledge, using Purchaser’s credentials.
    7. The Purchaser warrants that the information provided to the Seller through the Registration Procedure is complete, true and referring to the Purchaser itself and undertakes to hold the Seller harmless and indemnified from any and all obligations, damages and/or penalties in any way related to the breach by the Purchaser of the warranty set forth in this Article. Furthermore, the Purchaser hereby waives all rights and/or guarantees guaranteed by the Consumer Code, on the basis that the Purchaser is a professional and not a consumer within the meaning of the aforementioned regulations.
  4. 4 Orders

    1. Sales of Products to the Purchaser shall not be considered completed, nor shall Orders by the Purchaser be considered binding upon the Seller, unless accepted by the Seller in writing, by means of an Order Confirmation sent by e-mail to the address provided by the Purchaser during registration, within 30 days of receipt of the Order.
    2. In order to place an Order, the Purchaser shall, after accessing the Store, select the Products they wish to purchase, the payment method among those indicated on the Store, the delivery method as well as the Delivery Point and, subsequently, proceed to the placing of the Order by clicking on the “PAY” button, after having read and accepted these Conditions.
    3. The Seller reserves the right to remove or make temporarily inaccessible certain Products from the Store in the event of their unavailability. In this regard, the Purchaser hereby renounces to submit any claims for indemnity, compensation or reimbursement for any damages suffered due to the impossibility of purchasing certain Products due to their unavailability.
    4. In the absence of a written Order Confirmation sent by the Seller to the Purchaser within the term and for the effects set out in art. 4.1, the Order shall be deemed not to have been accepted.
    5. Without prejudice to the provisions provided under article 4.4, if the Seller, in the absence of an Order Confirmation sent in compliance with the terms set out in art. 4.1, proceeds directly to deliver the Products, informing the Purchaser at a later date, the contract for the sale of the Products shall be deemed to be executed at the time and place where the execution of the Order has begun.
    6. An Order Confirmation that differs from the Order with respect to quantity, Price, term and Costs of Delivery, or Delivery Point shall be deemed accepted by the Purchaser in the absence of an e-mail communication sent within 30 days after receipt of such Order Confirmation to the e-mail address provided by the Seller.
    7. Orders placed by a Purchaser who has provided false, invented, fictitious, incomplete or in any case inaccurate identification data and/or in any way not corresponding to the truth or referring to third persons shall be deemed unsuitable for the execution of the sale and purchase contract.
  5. 5 Order modification and/or cancellation

    1. The Purchaser may modify and/or cancel the Order by accessing the Store, in the "PROFILE" section, and clicking on the "Update" button, provided that it has not yet received the Order Confirmation sent by the Seller.
    2. If the Purchaser has already received the Order Confirmation, any modifications shall be delivered to the Seller by e-mail to the address indicated by the Seller, no later than 30 days after sending the Order Confirmation.
    3. In the event of a modification and/or cancellation of the Order communicated after the deadline referred to under article 5.2, the Seller reserves the right to apply a penalty equal to a percentage varying from [10%] to [50%] of the value of the cancelled or modified Orders, without prejudice to the Seller's right to compensation for any greater damage suffered.
  6. 6 Delivery terms

    1. The Seller agrees to deliver the Products to the Purchaser Ex Works (EXW) Incoterms® 2020 at its facility located in Via Toscana 3A-3B, 20056 Grezzago (MI), unless otherwise agreed between the Parties in accordance with article 6.2 hereunder.
    2. If at the time of submitting the Order the Purchaser designates as Delivery Point a location other than the Seller's facility, the Seller undertakes to deliver the Products at the Delivery Point, at the Purchaser's expense, either by itself or through a contracted carrier. To this end, the Seller undertakes to enter into a contract with a carrier, to be chosen at its discretion, for the transport of the Products. The Delivery Costs related to the contract and calculated on the basis of the Table of Costs shall be charged to the Purchaser and indicated in the Order Confirmation.
    3. The Seller undertakes to deliver the Products within 30 days from the submission of the Order. The Parties acknowledge that this deadline is merely indicative and not binding; therefore, the Seller shall have the right to reasonably anticipate or postpone the delivery of all or part of the Products, without this representing, in favor of the Purchaser, a valid title to demand the total or partial termination of the contract for the sale and purchase of the Products or the cancellation of the Order, nor the payment of compensation or indemnity, or a title to invoke the Seller’s liability for any other reason.
    4. The Seller cannot and shall never be deemed responsible for delays in delivery resulting from the default of third parties (i.e., carriers in charge of transportation) and/or the occurrence of Force Majeure Events.
    5. If the Purchaser delays, refuses to receive or is in default of receiving all or part of the Products, the Seller may, at its sole discretion, require the Purchaser to execute the contract, or declare its total or partial termination. In either case, the Seller retains the right to claim compensation from the Purchaser for any and all losses and damages incurred as a result of the refusal or non-performance, including, by way of example but not limited to, the rental of a warehouse to store the Products, the cost of the carrier to recover the Products already delivered to the Purchaser and/or collected by the latter, etc.. Any liability of the Seller for risks in any case arising from or inherent to the storage of Products is expressly excluded.
  7. 7 Packaging

    1. The packaging of the Products shall be arranged by the Seller at its sole discretion, under methods deemed as most appropriate and suitable to safeguard the integrity of the Products during transport. Except in the event of Seller’s willful misconduct or gross negligence, the Seller shall never be held liable for any damages, whether direct or indirect, arising out of the choice or construction of the packaging.
  8. 8 Defects and Warranties

    1. Any claim concerning any defects which make the sold Products unfit for their intended use, appreciably diminish their value, result in a lack of promised or essential quality, or defects that prevent the proper functioning of the Products (hereinafter, the “Defects”) shall be notified to the Seller, under penalty of lapse of the right, within 3 (three) days from their discovery by registered letter with return receipt or certified e-mail (hereinafter, the “Claim”).
    2. The Purchaser agrees and acknowledges that, in any event, no Claim may be sent to the Seller after 6 (six) months from delivery of the Products (hereinafter, the “Warranty Period”).
    3. The Purchaser hereby agrees that the Claim, if lacking the Order number, the Seller’s invoice number, the lot number of the Products subject of the relevant Order and the exact indication of the disputed non-conformity(ies) (proven by photographic documentation) shall be ineffective and shall not grant the Purchaser the right to benefit from the warranty provided for under this article.
    4. Upon receipt of any Claim, the Seller shall be entitled to inspect, at Purchaser’s expenses, the Products indicated as defective in the Claim and to assess the merits of the same.
    5. Should the Seller deem the Claim to be timely and well-founded, it shall be able to decide, at its sole discretion, to replace or repair the defective Product (or part thereof) or to refund the Price of the Product affected by the Defects. In such cases any costs for the return of the defective Products shall be borne by the Seller.
    6. The Purchaser accepts that, in any case, the Seller shall not grant any warranty on the Products upon the occurrence of any of the following conditions: (i) the Product’s Defect is the direct or indirect consequence of improper use, storage, maintenance of the Product by the Purchaser, third party or a Force Majeure Event; (ii) the Product’s Defect is the direct or indirect consequence of mishandling, transportation, shipping, or other logistical processes carried out by the Purchaser, its customers, or third parties (including carriers); (iii) the Product is improperly used by the Purchaser or its customers, outside its scope of use, or in an application or environment other than that intended or recommended by the Seller; (iv) the Defect is the consequence of modifications not made by Seller; (v) the Defect is the result of unusual physical stresses to which the Product is subjected; (vi) notification of the Defect is not made within the timeframe set forth under this article.
    7. It remains expressly understood that in case the Purchaser should carry out technical modifications to the Products, the latter shall assume all liability for damages caused to persons and/or property however connected with the use of the same, holding the Seller indemnified and harmless from any prejudicial consequence.
    8. The Seller shall guarantee the compliance of the Products with the regulations and safety standards in force in Italy at the time of the Order. On the other hand, the Seller shall not provide any warranty as to the compliance of the Products with the regulations and safety standards in force in countries other than Italy.
    9. The presence of outstanding disputes between the Parties or the submission of Claims by the Purchaser against the Seller shall not constitute just cause for the Purchaser to delay or suspend the payment of the Price or to request a reduction or set-off of the payment of the Price, not even in part.
    10. The contractual warranties set forth under this article are the only warranties given by the Seller and supersede any other legal or conventional warranties.
  9. 9 Price and terms of payment

    1. The Price published on the Store in relation to each Product must always be considered to be net of VAT and any Delivery Costs.
    2. The Price is Ex Works 2020 at Via Toscana 3A-3B, 20056 Grezzago (MI). Therefore, the Delivery Costs shall be deemed to be excluded from the Price and will be indicated by means of the Order Confirmation on the basis of the calculation made in accordance with the Table of Costs.
    3. The Price shall be paid by the Purchaser, with the method chosen in accordance with article 4.2.
    4. In the event the Parties agree the Price to be paid in installment, the failure to timely pay even a single installment on the due date shall result in forfeiture of the benefit of the term with respect to subsequent due dates and the right of the Seller to demand immediate payment of the remaining Price.
    5. In the event of termination of the contract by the Purchaser for any and all reasons, any amount already paid by the Purchaser shall be retained by the Seller as a penalty.
    6. For any total or partial delay in the payment of the Price, the Seller shall have the right to charge default interest in accordance with the provisions of Legislative Decree 231/2002.
  10. 10 Termination clause

    1. Pursuant to and in accordance with article 1456 of the Civil Code, the Seller shall have the right to declare the total or partial termination of the sale and purchase agreement (i.e. the terms of the individual Order, as may be amended by the Order Confirmation and supplemented by the terms of these Conditions) by sending simple notice by means of a registered letter with return receipt anticipated by e-mail to the e-mail address provided by the Purchaser, without prejudice to any further rights and powers, if any of the following events occur: (i) lack of or untimely payment by the Purchaser of all or part of the Price; (ii) refusal by the Purchaser to receive the Products delivered by the Seller; (iii) breach of IP Rights.
  11. 11 Limitation of Seller’s liability

    1. Notwithstanding any cases of willful misconduct or gross negligence, the Seller cannot and shall not under any circumstances be liable for any costs incurred by the Purchaser for the purpose of procurement/reimbursement of substitutive or additional products or services, for loss of any profits or, in general, for any consequential, special, incidental or indirect damages, however suffered by the Purchaser in connection with the purchase of the Products or pursuant to the provisions of these Conditions.
    2. The Purchaser acknowledges that access to the “PROFILE” section of the Store shall be carried out independently and at their own risk. Notwithstanding any cases of willful misconduct or gross negligence, the Seller refuses any liability with respect to any whatsoever damage or injury suffered in any way by the Purchaser as a result of the activities of browsing the Store, placing Orders or downloading any material in any capacity present on the Store, including viruses, malware or other malicious electronic content.
    3. The Seller reserves the right to discontinue or suspend any service provided through the Store for a maximum period of 36 hours, at any time and without assuming any liability or commitment of any nature whatsoever in connection with said suspension or discontinuation of services carried out using the Store.
    4. The Seller shall not hold and shall reject any liability for content of any other website which may be made accessible on the Store through links or multimedia links.
    5. If access to services, platforms and/or websites of third parties is required in order to execute a payment, any liability of the Seller with respect to any damage or harm suffered in any way by the Purchaser as a result of browsing such websites, using such services and/or platforms or downloading any material for any reason from such websites and/or platforms, including viruses, malware or other malicious electronic content, shall be excluded.
    6. Except in cases of willful misconduct or gross negligence, in no event shall the Seller’s liability under these Conditions exceed the Price shown on the invoice covering the Products which are giving rise to liability.
    7. The Seller shall not be liable in any way for damage to persons or property resulting from the use of the Products by the Purchaser or any of its customers. The Purchaser hereby agrees to indemnify and hold the Seller harmless from any and all liability, claims, suits, indemnities, obligations or prejudices of any nature whatsoever however connected with the use of the Products.
  12. 12 Purchaser’s obligations

    1. The Purchaser hereby undertakes not to: (i) make any false statements about its identity; (ii) cause malfunctions of the servers and/or network used by the Seller; (iii) obtain access to the “PROFILE” section of the Store by hacking passwords or any other illicit means; (iv) use access to the Store to publish or transmit any information, software or other material that contains a virus or other harmful components; (v) use the information available only after access to the Store in order to share it with companies competing with the Seller.
    2. The Purchaser also undertakes to hold the Seller harmless and indemnified from any obligation, penalty and/or claim for reimbursement, compensation, indemnity or indemnity made by third parties, in whatever manner, related to or caused by the Purchaser's breach of its obligations under the preceding article 12.1.
    3. In the event of a breach of one or more of the obligations set forth in Article 12.1 above, the Purchaser, in addition to its legal obligations, shall be obliged to pay the Seller a sum equal to Euro 10. 000 (ten thousand) as a penalty, for each breach of the obligations set forth in this article, without prejudice to the right to claim for any greater damage suffered.
    4. The Parties consider the amount of the penalty referred to in this article as not manifestly excessive pursuant to article 1384 of the Civil Code.
    5. The Purchaser undertakes to indemnify the Seller against any claims of its own customers concerning the Products.
  13. 13 Force majeure

    1. Each Party shall have the right to suspend performance of its obligations where such performance is prevented by a Force Majeure Event.
    2. The Party claiming to be affected by the Force Majeure Event shall notify, within a reasonable time, the other Party. As from the moment the notification concerning the Force Majeure Event is received by the other Party, the Party affected by the Force Majeure Event shall be entitled to suspension of its contractual obligations for 6 (six) months. If the Force Majeure Event does not cease by the end of the aforementioned period, each Party shall be entitled to terminate the contract.
    3. The Purchaser acknowledges that this article 13 does not apply to economic/financial obligations, including but not limited to, payment of the Price.
  14. 14 Trademarks and industrial property rights

    1. The Purchaser acknowledges and agrees that nothing in these Conditions, the Order or the Order Confirmation can or shall be construed as conferring to the Purchaser any right and/or title and/or interest in any intellectual or industrial property right (including but not limited to, images, logos, photographs, page layout, design, know-how covered by copyright, trademarks, patents, models and/or other industrial and intellectual property rights recognized by Italian and international law) owned by the Seller and/or its assignees and/or legal successors. Likewise, the Purchaser acknowledges and agrees that nothing in these Conditions, the Order or the Order Confirmation shall be construed as conferring to the Purchaser any right, title or interest in any intellectual or industrial property right licensed to Seller and/or in the name of the Seller, its partners or legal representatives (hereinafter all of the above, “IP Rights”).
    2. The Purchaser agrees to use the IP Rights only for purposes related and connected with these Conditions and acknowledges that any form of reproduction or use of the IP Rights is strictly prohibited without the prior written permission of the Seller.
    3. The Purchaser agrees not to deposit or cause to be deposited the IP rights nor deposit or cause to be deposited any trademarks, patents, names or distinctive signs which may be confounded with the IP Rights or to register domain names confusable with the name of the Seller.
    4. The Purchaser shall inform the Seller, as soon as it becomes aware of them, of any acts of unfair competition or infringement of industrial or intellectual property rights carried out by third parties.
    5. For each breach of the obligations set forth in this Article, the Purchaser agrees to pay to the Seller, as a non-reducible penalty, an amount equal to Euro 10.000 (ten thousand), without prejudice to the right of the Seller to claim compensation for further damage.
    6. The Parties consider the amount of the penalty referred to in this article not manifestly excessive in accordance with article 1384 of the Civil Code.
  15. 15 Applicable law and jurisdiction

    1. These Conditions, the Orders and the Order Confirmations shall be solely governed by Italian law. The applicability of the 1980 Vienna Convention on the International Sale of Goods is expressly excluded.
    2. For any dispute between the Purchaser and the Seller, whether referring to these Conditions, any Order or Order Confirmation, the exclusive jurisdiction of the Court of Treviso is agreed.
  16. 16 Interpretation

    1. In the event of any discrepancy between the English-language and Italian-language version of these Conditions, the Italian-language version shall prevail.
  17. 17 Communications and notices

    1. Any communication, notification and/or sending of documents, shall be carried out by the Purchaser to the Seller at the following e-mail address daiko@daikowelding.com. The Purchaser shall be required to specify the Order identification number at each operation.
    2. Any communication requiring, pursuant to these Conditions, proof of receipt of the same by the Seller, may be submitted to the following addresses:
    3. The Purchaser acknowledges that all communications to be sent by the Seller having regard the Conditions or the Orders shall be sent to the e-mail address submitted during the Registration Procedure on the Store.
  18. 18 Personal data processing

    1. The processing of the personal data provided by the Purchaser will take place according to the methods and for the purposes indicated in the “Privacy Policy", available for consultation at any time on the Store.
    2. The Seller undertakes to process the Purchaser's personal data in accordance with the content of the aforementioned policy, which the Purchaser declares to have viewed, read and understood.
    3. In any case, the Seller shall not be held liable for any damages deriving from errors or omissions in the communication of personal data by the Purchaser or in the event of failure to communicate the updating of the same.
  19. 19 Miscellaneous

    1. The invalidity, illegality or ineffectiveness of any of the provisions contained in these Conditions shall not affect the validity or effectiveness of the remaining provisions.
    2. The Seller’s failure or delay in exercising any right or remedy provided in the Conditions shall not constitute a waiver of the right or remedy.

Pursuant to Articles 1341 and 1342 of the Civil Code, the Purchaser expressly approves and accepts the contents of the following paragraphs of the General Terms and Conditions: 1.2 (jus variandi); 3.7 (obligation to indemnify and hold harmless); 5.3 (penalty); 6.4 and 6.5 (limitation of liability); 7.1 (limitation of liability); 8.1, 8.2, 8.6, 8.7, 8.8 e 8.10 (claim limitation); 9.4 (lapse of payment terms); 9.5 (penalty); 10.1 (termination clause); 11.1, 11.2, 11.3, 11.4, 11.5, 11.6 and 11.7 (limitation of liability); 12.2 (obligation to indemnify and hold harmless); 12.3 (penalty); 12.5 (obligation to indemnify and hold harmless); 14.5 (penalty); 15.2 (jurisdiction).

DO YOU NEED HELP?

Go to our dedicated section or contact us
Daiko supporting the environment
Questo sito si avvale di cookie necessari al suo funzionamento ed utili alle finalità illustrate nella cookie policy.

Carrello

Il carrello è vuoto