General Terms of Sale
These General Terms and Conditions of Sale (hereinafter, the “Terms”) govern the relationship regarding sales by DALA CO SAS, identified with NIT 901779958 and with its main office at Carrera 37A Sur 69B 20 – Floor 4 (hereinafter, “DALA” or “the Company”) to any natural or legal person who acquires products or services offered by DALA (hereinafter, the “Customer”). By making a purchase or contracting services with DALA, the Customer expressly and fully accepts these Terms, unless otherwise agreed in writing between the parties. No variation or modification of these General Terms and Conditions of Sale shall be valid unless expressly agreed in writing by the authorized representatives of the parties.
ORDERS AND ACCEPTANCE
A contract for the sale of Products and/or Services will be understood to have been concluded only if and when the Customer's purchase orders are accepted in writing by an authorized representative of DALA, a commercial invoice is issued by DALA for the Products and/or Services, or DALA has shipped the Products or carried out the provision of the requested services. All orders placed by the Customer must be accepted in writing by DALA for a legal obligation to exist between the parties. DALA may accept orders by physical or electronic means and reserves the right to reject any order without incurring any liability. The Customer agrees to verify that the quantities, products, prices, and conditions included in the quotation, invoice, or order confirmation correspond to what was requested.
PRICE AND BILLING
The prices of the products or services are established in the quotation or commercial proposal sent by DALA, which will be understood as accepted upon the issuance of the order by the Client. All prices are expressed in Colombian pesos (COP) and are understood to be net, excluding taxes, transportation costs, insurance, or other additional charges, unless expressly stated otherwise. DALA will issue the corresponding invoice in accordance with the current tax regulations in Colombia. The Client authorizes the sending of electronic invoices.
All prices of the Products indicated by DALA are understood to be exclusive of value-added tax (VAT), excise taxes, and any other taxes or duties, which will be the responsibility of the Customer. The Customer will pay DALA the VAT in addition to the price of the Products, unless a VAT exemption or any other tax situation applies under the applicable legislation.
PAYMENT TERMS
Unless otherwise agreed or indicated on the invoice, the Client shall pay the invoice in full and in available funds immediately upon receipt to the account number indicated by the Supplier. All outstanding payments under these Terms shall be considered due upon the expiration of this agreement. Obvious material errors in payment documents shall not entitle the Client to reject the documents or delay payment. The Client shall notify the Supplier within five (5) business days if they have any complaints regarding the invoice. Failure to do so will be understood as acceptance of the invoice and an unconditional waiver of any claims. Unless otherwise agreed in writing, the payment term for the invoice shall be the due date of the invoice, as stipulated in the upper right corner of the same. Failure to make timely payment entitles DALA to suspend future deliveries of products or services to the Client. Payment by credit card may incur an additional charge, which will be communicated in a timely manner and before the acceptance of the payment.
LATE FEES
In the event of a delay in payment, the Client must pay late payment interest at the maximum rate permitted by Colombian legislation, calculated on the overdue balance, from the due date of the obligation until the effective payment. DALA reserves the right to apply this late payment interest at any time after the invoice due date, without the immediate non-application or non-application within a specific period implying a waiver of this right or the forgiveness of the debt. A delay in the payment of an invoice does not exempt the Client from their obligation to pay interest on the outstanding balance, nor does it limit DALA's right to initiate judicial or extrajudicial collection actions. In the event that the Client fails to make the full payment for the Products and/or Services in the manner and within the timeframe specified by DALA in its payment terms, the Client will be responsible to DALA for the payment of all costs and expenses incurred by the Company or its affiliates in the collection of accounts and the attempt to collect all amounts owed by the Client, including, without limitation, collection costs and reasonable attorney fees incurred by DALA or its affiliates.
DELIVERY OF PRODUCTS
DALA is committed to delivering the products under the conditions and timelines described in its Delivery Policies. However, the delivery times are estimates and may be subject to changes due to logistical reasons, availability, force majeure, or other causes beyond the Company's control. The delivery location will be as agreed upon by the parties. The Customer must be available to receive the products; otherwise, DALA may charge additional costs for rescheduling.
TRANSFER OF RISK AND PROPERTY
The risk associated with the products is transferred to the Customer at the moment of their physical delivery at the agreed location. The ownership of the products will remain with DALA until the total payment of the agreed price has been received, including taxes and interest, if applicable. In cases where DALA sells products on credit, it will be understood that a security interest without possession over the sold goods is automatically established in favor of DALA, in accordance with the provisions of Law 1676 of 2013. This security interest aims to ensure the fulfillment of the total payment of the agreed price, including late payment interest, compensatory interest (if applicable), and any other costs arising from the transaction.
As long as any payment obligation exists on the part of the buyer, DALA will retain a preferential right over the delivered products, even if they are in the possession of the buyer, have been integrated into other goods, or are in a condition of co-ownership. This right may be registered in the Personal Property Security Register, at DALA's discretion.
In the event of a breach of obligations by the buyer, DALA may exercise all rights derived from the movable guarantee, including but not limited to: the recovery of goods, the forced execution of the debt, the sale of goods to satisfy the credit, or any other action provided for in the current Colombian legislation. This does not limit DALA's right to demand full payment of the obligations through judicial or extrajudicial means, nor shall it be understood as a waiver of other contractual or legal guarantees that may exist in its favor.
RETURNS AND CLAIMS
The Client must review the products at the time of delivery and notify any discrepancies or claims within five (5) business days thereafter. After this period, it will be understood that the products were received to satisfaction. Returns will not be accepted without prior written authorization from DALA.
LIMITATION OF LIABILITY
DALA shall not be liable to the Client for loss of profits, loss of opportunities, indirect or consequential damages arising from the business relationship, except in cases of proven willful misconduct or gross negligence. If any court of competent jurisdiction determines definitively that this limitation of liability is null, ineffective, unenforceable, or inapplicable, DALA's liability for any claim shall be limited to the invoice price of the Products and/or Services giving rise to the claim. The Client must inspect the Products and/or Services upon receipt and verify that there are no defects or non-conformities. Any claim related to the Products and/or Services shall be deemed waived unless made in writing and received by the Seller within five (5) days following the receipt of the Products or Services subject to the claim, as applicable.
FORCE MAJEURE
DALA will not be liable for the breach of its obligations when this is due to events of force majeure or fortuitous events, as defined by the Colombian Civil Code.
Intellectual property
DALA does not grant any rights to patents, trade secrets, trade names, copyrights, logos, service marks, or trademarks or any other intellectual property under these Terms and Conditions. The Client acknowledges and agrees not to use DALA's name, trade name, copyrights, logos, service marks, or trademarks in any way, including, without limitation, in any press release, advertising, or for promotional purposes, without the prior written consent of DALA.
GENERAL
If it is determined that any provision of these Terms of Service is illegal, void, or unenforceable, such provision shall, nevertheless, be enforceable to the extent permitted by applicable law, and the unenforceable part shall be considered severed from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.
Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.
The delay by DALA in exercising any right in the event of a breach or delay in the fulfillment of any of the Client's obligations under these Terms, at any time, shall not limit or imply a waiver of any other right of DALA to strictly enforce the terms and conditions of this document.
APPLICABLE LAW AND JURISDICTION
These Terms are governed by the laws of the Republic of Colombia. For all legal effects arising from these Terms, the parties submit to the jurisdiction of the judges of the city of Bogotá D.C., waiving any other jurisdiction that may correspond to them by reason of their present or future domicile.
MODIFICATIONS
The Client can review the most recent version of the Terms at any time on this page.
DALA reserves the right, at its sole discretion, to update, change, or replace any part of these Terms by posting updates and changes on the website. It is the Customer's responsibility to check this page periodically for changes. The issuance of purchase orders, request for orders, acceptance of invoices, and generally the purchase of Products and/or Services after the publication of any changes to these Terms constitutes acceptance of those changes.
CONTACT INFORMATION
Users will be able to communicate with DALA through the contact us, our email info@dala.com.co or our WhatsApp: 3204858150.
Regarding the attention to PQR, return requests and warranties, or the opening of a service ticket, we provide you with the emailatencionalcliente@dala.com.co and the help site.
VALIDITY
These terms have been in effect since May 10, 2025, and were last updated on May 10, 2025. Furthermore, these terms are mandatory for DALA and the users of the website.