PREAMBLE

The present Terms and Conditions of Sale establish the sole principles, roles, and responsibilities governing the commercial relationship between Domkapa and its customers, applicable to all transactions initiated through a quotation and subsequent purchase order.

These Terms and Conditions may be amended at any time without prior notice from Domkapa. However, the version in force at the date of the purchase order

shall remain applicable to that specific transaction, provided that the customer has acknowledged and accepted it by signing the Terms and Conditions.

By signing, the customer fully and unreservedly acknowledges and accepts these General Terms and Conditions of Sale, which constitute an integral and substantial

part of the commercial agreement.

 

QUOTATIONS

Upon request by the customer, Domkapa will issue an official quotation based on the selected products and finishes.

Unless otherwise stated, all quotations issued by Domkapa are valid for a period of thirty (30) days from the date of issue.

All quoted product prices are considered Ex-Works Rebordosa, Portugal, with all shipping and insurance costs to be borne by the customer.

Upon request, Domkapa may provide freight quotations based on an alternative Incoterm. These quotations shall remain valid for thirty (30) days and are

subject to confirmation no later than seven (7) days prior to the shipping date.

 

PROFORMA INVOICES & ORDER CONFIRMATION

For each validated quotation—either through an email confirmation or a corresponding purchase order—Domkapa will issue a Proforma Invoice.

The Proforma Invoice is considered approved and validated once it is signed by the customer and countersigned by a Domkapa sales representative (Order

Confirmation).

Production of the selected items, as specified in the Proforma Invoice, will commence only after the invoice has been validated and the prepayment confirmed.

Unless otherwise stated, all Proforma Invoices issued by Domkapa are subject to an advance payment of 50% of the total amount.

 

PRICES

Domkapa pricelists are set in Euros or US Dollars (exclusively for the United States), based on EXW Incoterm. Prices exclude VAT, as well as any other taxes,

duties, or shipping-related costs.

If the customer is a final consumer or a company/organisation without valid VAT registration, the applicable VAT will be added to the total amount.

Discounts are applied to the pricelists in accordance with the customer’s profile and purchase volume.

Standard packaging suitable for shipping is included in the price and meets high[1]quality standards to protect goods from damage. Should the customer require

specific or customised packaging, additional charges may apply.

Domkapa reserves the right to discontinue products or modify product specifications and pricing without prior notice. However, any quotations under

evaluation will remain subject to the original terms of the offer from the time the quotation process began until a mutually agreed deadline.

Domkapa may also run promotional campaigns for limited periods, during which special prices and/or discounts may apply.

 

PAYMENT TERMS

Standard payment terms are as follows: a 50% down payment on the total order value is required upon order confirmation to initiate the production process, with the

remaining 50% balance due upon completion of production and prior to shipment.

Payments must be made in Euros or US Dollars (exclusively for the United States) via bank transfer. Proof of payment must be sent to the designated sales representative.

 

LEAD TIMES

Domkapas’ standard production time is 6 to 8 weeks for standard items with an additional 2 weeks for customised items.

Production lead time begins upon receipt of the advance payment.

The entire order is produced simultaneously; therefore, a single customised item may impact the overall delivery schedule. If the customer wishes to receive standard

items separately and in advance of customised ones, this must be communicated to the assigned sales representative in advance, and separate orders must be issued

accordingly.

The Proforma Invoice specifies an estimated delivery date, which refers to the expected completion of production. This date is indicative and does not constitute a

guarantee of exact delivery.

Alternative production times may apply in specific cases, depending on product characteristics, order volume, or calendar-related constraints.

For customised items, the production lead time only commences after the customer’s formal approval of the corresponding technical drawings.

Customers may opt to produce items using fabrics or components not listed in the Domkapa catalogue. In such cases, production will begin only upon

receipt of the components provided by the customer, or upon receipt of all necessary information (e.g., brand, model) for components to be sourced by Domkapa on the customer’s behalf.

 

CANCELATIONS

Unless otherwise agreed, once the order has been confirmed and the down payment received, the customer’s order confirmation is not subject to cancellation,

modification, reduction in quantity, or suspension of deliveries.

In the event of order cancellation, the customer shall forfeit the initial payment made at the time of order confirmation.

 

FINISHINGS

All materials are selected by the customer during the Quotation process and confirmed with the approval of the Proforma Invoice. It is of the utmost importance

that the customer carefully verifies all finish options, references, dimensions, details, and specifications stated in the Proforma Invoice. Domkapa will not accept

any claims regarding discrepancies with the customer’s preferences once the Proforma Invoice has been validated.

Any changes or corrections requested after order confirmation must be submitted in writing within seven (7) days of confirmation and are subject to approval by the

assigned sales representative.

Domkapa acts solely as the manufacturer of the choices made and validated by the customer.

 

HARDWARE AND TECHNICAL FINISHES

Unless explicitly requested at the time of order, all hardware and fixing components (such as screws, brackets, connectors, etc.) will be supplied in the company’s

standard finishes.

Any requests for changes — including colour alterations (e.g., changing screws from black to white) — must be made and approved prior to the commencement of

production.

The company reserves the right not to modify technical components once a piece is completed, particularly where such changes were not communicated at the time of

order and deviate from standard production specifications.

 

VARIATIONS

Variations in colour may occur due to the natural characteristics of materials such as wood, stone, leather, and fabric. Additionally, colours shown in digital or printed

images may differ slightly from the actual materials. Similarly, minor dimensional variations within standard commercial tolerances may also arise.

It is the customer’s responsibility to take these potential variations into account before confirming the order.

 

ERRORS OR OMISSIONS

Any errors or omissions in Domkapa’s quotations, acceptances, packing lists, or other documents are subject to correction at the sole discretion of Domkapa.

 

INSPECTION AND ACCEPTANCE OF PRODUCT

Domkapa will share photographs of the finished goods with the customer prior to shipment, to confirm that production has been completed in accordance

with the purchase order and that the products are free from defects.

All products are carefully packed and inspected before dispatch. Refusal to accept damaged products does not entitle the customer to any refund.

The customer must notify Domkapa’s Customer Service department in writing, including photographs and detailed descriptions of any defects or

deficiencies, within seven (7) days of receipt of the shipment. The customer must not attempt to modify, handle, or repair defective goods without prior approval from

Domkapa.

Failure to provide such notification shall be deemed acceptance of the products as complete and satisfactory. It is the customer’s responsibility to inspect the goods

upon delivery and to record any visible or concealed damages on the delivery note before signing.

In the event of any issues with a shipment, the customer shall promptly inform Domkapa so that both parties may address concerns and work towards

an amicable solution.

Domkapa values the exercise of common business courtesy by the customer in these matters.

 

FREIGHT AND RISK OF LOSS

Domkapa provides an Ex-Works service and, as such, accepts no responsibility for any loss or damage occurring during transit. Domkapa is also not liable for any damage

caused by handling, loading, or unloading performed by persons acting on behalf of the customer.

Upon request, Domkapa may assist customers with transport arrangements but does not guarantee or assume responsibility for the carrier’s

performance.

It is the customer’s responsibility to inform Domkapa of all necessary documentation required for customs clearance at the time of order confirmation.

Domkapa will assist with preparing such documents, which may incur additional charges.

Risk of loss passes to the customer once the goods are delivered by Domkapa to the carrier.

Domkapa will provide reasonable cooperation should the customer need to file a claim against a carrier or insurance company to recover costs for products lost in transit.

All damaged crates or packaging must be retained intact until the claim with the carrier is resolved. A signed delivery note must be submitted when

making a claim.

 

WARRANTY

Domkapa products carry a three-year warranty on parts and labour against manufacturing defects, effective from the date of shipment as indicated on

the invoice. Any replacement or exchange of products must be expressly authorised.

Natural wear and tear, as well as damage or breakage resulting from use, are the sole responsibility of the customer and are not covered by the warranty.

If the item(s) have been damaged or misused by the customer, the warranty shall be immediately voided and no compensation will be applicable.

Domkapa reserves the right to refuse any warranty claim that is incomplete or unsupported.

Returned items will be inspected by Domkapa’s technical team upon receipt, who will issue a report confirming whether the warranty is applicable.

Unless otherwise agreed, the customer is responsible for the shipping costs of returning the product, which are non-refundable.

Furthermore, the customer is liable for any customs charges, duties, or tariffs incurred during the return shipment to our warehouse.

 

CLAIMS, RETURNS AND EXCHANGE POLICY

All returns must be expressly authorised by Domkapa’s Support Team.

If the Customer returns a package without prior authorisation, sends it to an incorrect address, returns the wrong item, or submits an empty package, Domkapa

reserves the right to refuse any compensation.

In the event of damage occurring at the customer’s premises, it is the customer’s responsibility to retain the packaging, provide all necessary documentation for any

claim, and prepare the product for collection if requested by Domkapa.

Unless otherwise agreed, Domkapa does not issue cash refunds. Shipping charges are non-refundable. Domkapa does not accept chargebacks, debits, returns, offsets, deductions, or claims without prior express written consent.

 

CUSTOMER’S DUTIES AND RESPONSABILITIES

By accepting delivery of any Domkapa product, the customer agrees to use the product solely for its intended purpose as furniture, including furniture

intended for resale. The customer assumes all risk of injury, damage, or other consequences arising from any use other than the product’s intended function.

If the order is placed as part of a project based on measurements provided by the customer, the customer accepts sole responsibility for the accuracy of those

measurements. Domkapa cannot be held liable if the produced items do not fit the intended space, provided production was carried out according to the supplied

measurements and the approved quotation/order.

The customer is solely responsible for informing Domkapa of any household infrastructure (such as electrical or plumbing installations) that may affect the placement of

Domkapa products within the scope of an interior design project. Failure to provide such information exempts Domkapa from any liability related to potential mismatches

between the products and the designated space.

 

STORAGE

Unless otherwise agreed in writing, once notified of order completion, the customer shall make the final payment and arrange shipment at the earliest possible

opportunity.

Domkapa reserves the right to charge a storage fee if goods remain in warehouse for more than two months without prior agreement. This fee is set at €120

per cubic metre per week.

If the goods are not collected and the final payment is not received within six months, Domkapa reserves the right to release the goods to other clients, without

any refund of the initial payment to the customer.

Should the customer resume communication after the goods have been released and request delivery, new production will only commence once the outstanding

balance from the original order and any accrued storage fees have been settled.

 

INTELECTUAL PROPERTY

The name, logo, or any other trademarks of Domkapa may not be used in any manner without prior written permission from Domkapa. The use of the

Domkapa logo as part of a link to or from any website is strictly prohibited unless expressly approved in writing by Domkapa in advance.

Except as permitted under applicable copyright law, the customer may not reproduce, distribute, or communicate any content from Domkapa’s website, including

downloadable files, without the express permission of the copyright owner.

 

LIABILITY

Under no circumstances shall Domkapa be liable for any breach of these Terms & Conditions in an amount exceeding the value of the order confirmation to

which the alleged breach relates.

Domkapa shall not be liable for any loss of profits or savings, loss of reputation or goodwill, or any indirect, incidental, or consequential damages arising out of or in

connection with the sale of the goods.

 

GOVERNING LAW AND JURISDICTION

In the event of any dispute arising from a commercial transaction between Domkapa and the customer, the competent court for resolving such dispute shall be the court of

the company’s registered office, namely the District Court of Porto Este.

Should Domkapa prevail in any legal action or proceeding against the customer, it shall be entitled to recover all legal fees and costs incurred.

 

FORCE MAJEURE

Order confirmations may be affected by strikes, labour disputes, lockouts, transportation disruptions, failure of usual fuel supplies, material shortages, accidents, product

delays, natural disasters, or any other force majeure events beyond Domkapa’s control. Domkapa shall not be held liable for such occurrences but will make every

reasonable effort to mitigate their effects and ensure products are made available as soon as possible.

 

PREVAILING LANGUAGE

English shall be the language used for the execution of contracts with Domkapa.