TERMS & CONDITIONS
TERMS & CONDITIONS
Terms & conditions and information about shipping and handling are specified below to provide a clear overview.
Shipping and handling costs per 1th November 2024
Consumables in stock for delivery in Denmark – ordered via Dacos webshop
• Orders for more than DKK 2,000 will be delivered free of charge.
• Orders for less than DKK 2,000 are subject to the applicable official freight rate.
• Orders for less than DKK 2,000 are subject to the applicable official freight rate.
• A minimum handling fee of DKK 175 will also be charged for orders less than DKK 500.
• A handling and delivery fee of DKK 300 will be charged on frozen and refrigerated goods.
The above conditions will apply unless otherwise agreed.
When ordering before 11 a.m. the order will often be dispatched on the same day.
Consumables in stock for delivery in Denmark – ordered outside the Dacos webshop
• Orders under DKK 500 are subject to a handling fee of DKK 175.
• For frozen and chilled goods, a handling and delivery fee of DKK 300 will be charged.
• Shipping is AB warehouse Hvidovre.
The above conditions will apply unless otherwise agreed.
Special ordered products
• Shipping will always be added on special ordered products.
• It will not be possible to return special ordered products.
• Please note, that there is be a longer delivery time for special ordered products.
Complaints
Complaints regarding damage to delivered goods must be made immediately and within 8 days. Please note, it must be stated in writing on the consignment note to the carrier as they are solely responsible for the shipment.
No claims can be claimed for shipping to DACOS A/S.
Returns of goods
Returns of properly delivered goods are only accepted by prior arrangement. DACOS A/S does not refund shipping costs for returned goods.
Returns require that the item is returned by the customer in its original packaging, unopened and in the same condition as when it was delivered.
Payment
• If our payment terms are exceeded, 2% per current month will be charged as well as charge added to a reminder.
• CVR: DK 5328 4310.
Bank Details
Nordea Danmark A/S
Reg. no.: 2191 Account no. 0110 312 210
DKK IBAN: DK31 2000 0110 312 210
EUR IBAN: DK72 2000 5005 8734 39
SWIFT: NDEADKKK
All prices are in Danish kroner and exclusive VAT.
We reserve the right to price changes and shall not be liable for any printing errors.
Terms & Conditions
1. Purpose and scope of common conditions
The present General Terms and Conditions (afterwards referred to as the Terms) lay down the terms and conditions for DACOS A/S’s (afterwards referred to as “Seller”) delivery of goods to a non-consumer/business owner (afterwards referred to as Buyer) as described in the agreement concluded between Buyer and Seller (afterwards referred to as the “Agreement”).
Unless otherwise agreed in writing, the terms and conditions set out below are applicable and precede any Buyer’s terms and conditions.
2. Scope of benefits
The Seller’s service consists of the delivery of goods, the details of which are specified, the scope and the time of delivery are described in the Seller’s order confirmation.
3. Agreement
Final Purchase Agreement is considered to be entered into only when the Seller has sent an order confirmation to Buyer. Seller disclaims any responsibility for any errors or disclosures in any third-party material. This applies to any kind of sales material, descriptions, user guides, content on other websites, etc.
4. Cancellation and change of orders
After placing an order, the Buyer is not entitled to change or cancel it unless the Seller separately approves a cancellation or change.
5. Returnable goods and returnable packaging
Goods cannot be returned without prior agreement. If a return is agreed, the goods must be unused, in faultless condition, and in original and unbroken packaging. The goods must be free of dirt etc. However, goods that are specially produced and/or customised for the Buyer will never be accepted for return.
Approved returns will be credited less the fee set by the Seller to cover return costs and the Seller’s sales costs.
6. Prices and billing
The agreed price for the ordered goods is stated in the Seller’s order confirmation. Seller reserves the right to adjust the price, if this, at the time of delivery and as a result of fluctuations in the foreign exchange market or price increases on the raw materials used by Seller or Seller’s suppliers, has changed by a minimum of +/- 2.25% compared to the stated on the order confirmation or at the submission of the offer.
Seller is entitled to invoice Buyer for payment of goods as delivery occurs.
7. Payment
Unless otherwise agreed, the payment deadline is 14 days from the date on the invoice sent by the Seller. In case of late payment, the Seller is entitled to charge late payment interest of 2% per commenced month of the total outstanding from the due date. Late payment of an invoice is always considered a material breach of the Agreement.
Any delay in payment gives the Seller the right to withhold further deliveries and release himself from all obligations under the concluded agreement.
The seller reserves the right to change the agreed payment terms if the buyer’s ability to pay is impaired after the conclusion of the agreement.
The seller reserves title to the goods until the full purchase price has been paid.
8. Warranty
The seller does not provide an independent warranty on goods deliveries. The Buyer cannot make a claim against the Seller in accordance with a manufacturer’s guarantee for a product in the purchase agreement or otherwise, as the Seller merely passes on such a manufacturer’s guarantee to the Buyer.
9. Errors and shortcomings
The buyer is obliged to examine and test the delivered immediately after delivery, as thoroughly as the relationship requires, to ascertain whether there is a deficiency in the delivered or whether the delivered is in accordance with the order confirmation both qualitatively and quantitatively.
In order to claim that it delivered any defects or defects (afterwards referred to as “errors”), the Buyer must make a written complaint to the Seller immediately after the defect is or should have been discovered. In connection with the complaint, the buyer must indicate and, on request, show how the error manifests. The Seller is solely responsible for errors which the Buyer has complained about immediately from the delivery of the defective item.
The seller is never liable, and it is not considered a breach if there are errors due to the design of the product, provided the design is in accordance with the agreed. The Seller is also not liable for errors caused by the Buyer’s own circumstances such as failure to maintain, incorrect use, application against the Seller’s regulations as well as changes and interference with the delivered by unauthorized persons.
9.1 In case of defects in the item
In case of errors in the delivered goods, the Seller may choose whether the Seller will
a) rectify the defect,
b) make a replacement delivery of the ordered goods,
c) give the Buyer a proportionate reduction in the price, or
d) take back the goods.
In the event that it is reasonably assessed that the Buyer can remedy the defect himself, the remedy shall be deemed to be completed by sending a defect-free part and/or instructions for remedy.
If the Seller chooses to remedy, rework or make subsequent delivery, the Seller is obliged to remedy, rework or make subsequent delivery with the speed required by the situation and at its own expense.
If the Seller does not remedy, replace or replace the goods within a reasonable time with the speed required by the circumstances, the Buyer may in writing give the Seller a final and reasonable deadline for remedying, replacing or replacing the goods. The deadline shall be at least 5 working days and at the earliest expire 30 working days from the time when the Seller received the Buyer’s written complaint regarding the defect.
If the Seller has not carried out rectification, replacement or subsequent delivery by the expiry of the deadline, the Buyer is entitled to a proportionate reduction corresponding to the defective part of the delivered goods in relation to the total delivery and price.
9.2 Is the error significant
If the error is significant, the Buyer can cancel the agreement as far as the defective part of the goods is concerned. The buyer can only cancel the Agreement with regard to non-defective goods, if they are in such a context with the defective goods that they cannot reasonably function satisfactorily on their own.
If the Buyer has complained about errors, and it turns out that there are no errors that can be attributed to the Seller, the Buyer must reimburse the expenses that the Seller may have incurred in such a context, including examination and shipping costs.
10. Delivery and risk transition
The delivery date stated in the order confirmation is only for the Seller’s guidance, unless otherwise agreed in writing.
If a fixed delivery date is agreed, the Seller is entitled to an extension of time in the following cases;
a) Force majeure, see paragraph 13.
b) In the event of a delay due to the Seller’s suppliers, carriers or other third parties.
c) Unusually weathered.
d) Labor disputes for whatever reason.
e) Public orders or prohibitions which the Seller should not have foreseen at the conclusion of the agreement.
Where an agreement has been made for delivery at the Buyer’s address or other place specified by the Buyer, the goods are delivered as close to the place of use as a truck can, at the driver’s discretion, drive without danger of driving or damaging the vehicle or its surroundings.
The buyer is obliged to check the goods received and the necessary personnel available for unloading.
If the Buyer fails to fulfill the obligations set out above, the Seller will be entitled, but not obliged, to make delivery with a releasing effect at the place of delivery, regardless of whether a Buyer representative is present. The risk of loss or damage to the goods passes to the Buyer upon delivery. The delivery note or carrier’s bill of lading is considered as proof of delivery.
Expenses for any waiting time in connection with unloading at the Buyer’s address or other place designated by the Buyer are covered by the Buyer, and the Buyer will cover any costs arising from the Buyer being unable to receive the goods at the agreed delivery time.
11. Complaints by and responsibility for delay
The Buyer must advertise in writing immediately upon ascertaining a delay, as the Buyer otherwise loses any claim due to the delay.
In the event of a delay, the Buyer is entitled to cancel the order. If successive delivery has been agreed, however, the Buyer is only entitled to cancel the delayed partial delivery.
The Buyer is not entitled to any compensation due to the Seller’s delay, since the Buyer has been notified. The buyer can withdraw the order by notification of delay. This applies regardless of whether the Buyer cancels or maintains the purchase.
12. Product liability
The Seller is liable under the Product Liability Act to the extent that the Act indispensably imposes on the Seller liability for such damages and the Seller’s liability therefor shall not be legally limited. The Seller is also liable for damages which the products supplied by the Seller may cause, to the extent that the damage caused by the exercise of gross negligence on the part of the Seller, and the Seller’s liability for this is not legally limited.
The seller’s liability for product damage is limited to a maximum of DKK 10,000,000 for business damage.
In cases where the Seller is responsible for product damage, but where the damage can also be attributed to errors made by the Buyer, the liability is distributed according to the degree of fault shown.
To the extent that the Seller is liable for product damage in relation to third parties, the Buyer is obliged to indemnify the Seller for the liability that the Seller may be imposed and which goes beyond the Seller’s responsibility according to the above provisions. The Buyer is obliged to sue / sue in the same court / arbitration which deals with claims for damages against the Seller from a third party on the basis of products supplied by the Seller through the Buyer to a third party.
The seller is never liable for operating losses, profit losses or other indirect losses.
13. Force Majeure
In the event that delivery, timely delivery or defective delivery is prevented or delayed by events beyond the Seller’s control, including but not limited to work conflict, operational disruption, transportation difficulties or other third party failure or the like, Seller may defer delivery or cancel the order entirely or partially after own choice by notifying Buyer as soon as possible.
14. General liability limitation and transportation in claims against vendor suppliers
Seller’s liability may not – irrespective of any negligence detected – include fines, operating losses, time loss or other indirect losses, whether the liability may be based on general compensation rules or grounds.
15. Confidentiality
In connection with the execution of the Agreement, both parties may access confidential information and other confidential material with each other. Both parties agree that they themselves and their employees and subcontractors will treat the information received confidentially in every respect. This provision will continue indefinitely.
In addition to this provision, other provisions concerning confidentiality and trade secrets apply under Danish law.
16. Interpretation and changes
These Terms apply to the extent that they are not expressly and in writing waived in writing between Buyer and Seller. Subsequent derogation from the Agreement or the Terms may be made only through the completion of a new agreement or written addition to the Agreement.
The Terms may be revised and / or changed by Seller at any time. However, agreements already entered into are not affected.
17. Choice of law and venue
Disputes between the parties arising out of the Terms, the Agreement or the Seller’s other services, and which cannot be resolved amicably between the parties, shall be settled under Danish law at the ordinary courts of the Seller’s domicile at Copenhagen District Court at any time.
18. Seller Information
DACOS A/S
Industriholmen 51
DK-2650 Hvidovre
CVR: DK 5328 4310
Phone: +45 7630 7600
Email: info@dacos.dk
Questions to our Terms & Conditions
Do you have questions to our Terms & Conditions, you are always welcome to contact us!