Complaints

Delivery address: 

Das Gastro
Bříza 117
413 01 Bříza
+420 477 577 381

VII. WARRANTY, RIGHTS ARISING FROM DEFECTIVE PERFORMANCE, COMPLAINTS PROCEDURE

 

1. Rights arising from defective performance are governed by the applicable legal regulations, in particular Sections 1914 to 1925 and Sections 2099 to 2112 of the Civil Code (NOZ).
2. Rights arising from the warranty are governed in particular by Sections 2113 to 2117 of the Civil Code (NOZ).
3. As the Seller, we are responsible to you for ensuring that the goods are free from defects upon receipt. However, normal wear and tear and wear corresponding to the previous period and manner of use of the product shall not be considered a defect. In cases where you purchase used goods from us, you acknowledge that these are already used goods, not new goods, and that such goods may require subsequent maintenance and, where applicable, repairs before being put into operation. You will be informed of this before the goods are handed over, including any necessary repairs, inspections, etc. In the case of used goods, original manuals, certificates, etc. may also not be available in specific cases. Taking all of these facts into account, the purchase price is also agreed accordingly, and in such cases wear or defects for which the lower price is agreed shall not constitute grounds for a complaint regarding the goods. For goods covered by a warranty, you will find the warranty claim conditions directly on the website. If no warranty is stated in the product card, we provide a functional warranty for these products for 30 calendar days from receipt of the goods.
4. COMPLAINTS: In the event of a defect for which we are responsible and which cannot be remedied, or in the event of repeated occurrence of a defect or the occurrence of a larger number of defects, you have the right to request replacement of the goods with other goods or to withdraw from the Contract. In the event of a remediable defect in goods that have not yet been used, you may request removal of the defect or a reasonable discount on the price or, if not disproportionate, request replacement of the goods with other goods. If you do not withdraw from the Contract or exercise the right to delivery of other defect-free goods or repair of the goods, you may request a reasonable discount. You may also request a reasonable discount if we are unable to provide you, after repair, with functional and defect-free goods, as well as if we fail to remedy the issue within a reasonable time or if obtaining the remedy would cause you significant inconvenience. In the case of used goods, we expressly agree that used (functional) or non-original spare parts may also be used for any repair, and we are not obliged to provide new (unused) spare parts.

In the event that a defect is remedied by replacing the goods with another spare part, the warranty period applies only to that spare part. The Buyer is obliged to pay in full for labour, travel costs and expenses associated with replacing the substituted part. The charges are CZK 16/km for the technician, CZK 350/hour for travel time, and CZK 680 for each commenced 30 minutes of the technician’s work.

 

5. The Seller is not liable for costs incurred by the Buyer to increase the value of the product, in particular changes to surface finishes, paint, replacement of product parts, adaptation of the workspace, tests, certificates, and costs of similar procedures connected with operation of the product on the Buyer’s side, carried out on the Buyer’s own initiative. Likewise, the Seller is not liable for costs incurred by the Buyer for assessment of the product’s technical condition by a third party as a basis for initiating a complaint procedure. The complaint will always be assessed by the Seller upon the Buyer’s initiative to commence the complaint, and such assessment is free of charge. Within the complaint procedure, the Seller will not reimburse the above-mentioned product-related costs incurred on the Buyer’s side without the Seller’s will.
   
   6. Rights arising from defective performance shall not apply to you if, before taking over the goods, you knew that the goods had a defect, or if you caused the defect yourself. The warranty and claims arising from liability for defects do not apply to defects caused by improper use.
6. Please lodge any complaint with us without undue delay after discovering the defects. You may also inform us of the complaint in advance by e-mail. We would appreciate it if you would also attach the invoice or other proof of purchase, a description of the complained defect, and a proposed resolution of the complaint. We will settle the complaint without undue delay, no later than within 90 days, unless we expressly agree otherwise. We will provide you with written confirmation of the filing and settlement of the complaint. If the goods are delivered through a carrier based on your order, we ask you to inspect the shipment in the presence of the carrier and, if any damage to the shipment is found, to file the complaint directly with the carrier. The carrier will then draw up a report on the identified defect with the addressee, and the shipment will be returned to the sender. As the Buyer, you are entitled to refuse acceptance of a shipment that is not in conformity with the Contract, for example because the shipment is incomplete or damaged. If you accept such a damaged shipment from the carrier, it is necessary to describe the damage in the carrier’s handover protocol. An incomplete or damaged shipment must be reported immediately by e-mail to: info@dasgastro.cz, a damage report must be drawn up with the carrier, and this must then be sent to us without undue delay by e-mail or by post. A subsequent complaint concerning incompleteness or external damage to the shipment gives us the opportunity to prove that this is not a non-conformity with the Contract.
7. A complaint concerning equipment may only be lodged at the address Bříza 117, Bříza 413 01. The cost of transporting the equipment is borne by the Buyer.
8. Gas appliances and appliances not fitted with a plug must be connected by a technician. When refrigerators and freezers are put into operation for the first time, the parameters must be set by a technician. Failure to comply will result in loss of warranty.  In the event of a complaint, the Buyer is obliged to present to the Seller documents proving that the equipment was put into operation by such a qualified professional. Failure to submit the relevant documents will result in rejection of the complaint.
9. The Buyer is obliged to make the complaint in person, i.e. by handing over the goods to the Seller directly at the address Bříza 117, 413 01 Bříza. If, after prior agreement with the Seller, the Buyer does not make the complaint in person, the Buyer is obliged to arrange, at their own expense, for a qualified professional technician to assess the defect. Based on the issued document verified by the technician’s stamp, the Seller will provide the Buyer with the necessary spare part to remedy the defect. Buyers are obliged to provide the Seller with all requested cooperation necessary for successful lodging of the complaint.
10. The following are excluded from the warranty: glass materials, seals, sealing material, ceramics, fireclay and wearing parts such as thermocouples and electromagnetic water valves.
11. A complaint shall be considered unjustified if the defect or damage to the goods occurred during transport from the Seller to the Buyer. In that case, the carrier is responsible for the damage to the goods. Upon receipt of the shipment, the Buyer, or the recipient of the shipment, is obliged to check whether the packaging is intact and whether the shipment shows any obvious signs of external damage. If the Buyer or the recipient of the shipment discovers obvious defects (e.g. damaged packaging), they are entitled, in their own interest, to refuse to accept the shipment and to draw up a damage report with the carrier. By signing the delivery note, the Buyer confirms that the shipment was delivered properly and undamaged. If the Buyer or the recipient of the shipment discovers, after receipt of the goods, a defect resulting from damage during transport, they are obliged to notify this fact without delay in writing or by e-mail to info@dasgastro.cz to the Seller and, above all, to the carrier, but no later than within 2 (two) calendar days from the day the shipment was delivered, and at the same time request the drawing up of a damage report. Until the damage report has been drawn up, the Buyer must not handle the shipment in any way and is obliged to keep the packaging in which the shipment was delivered.

 

VIII. HANDLING OF COMPLAINTS AND DISPUTES

 

1. If you have any complaint regarding the concluded Contract, its performance, or our activities, please contact us at the e-mail address info@dasgastro.cz.
2. We conduct business on the basis of a trade licence, and the supervisory authority is the relevant trade licensing office. Compliance with personal data protection regulations is supervised by the Office for Personal Data Protection. You may also address your complaints to these authorities.
3. All disputes arising out of or in connection with this Contract shall be finally decided by the Arbitration Court attached to the Economic Chamber of the Czech Republic and the Agricultural Chamber of the Czech Republic, in accordance with its rules, by a sole arbitrator appointed by the Chairman of the Arbitration Court.