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    Terms and Conditions

    Our offer is intended exclusively for wholesale customers, specifically for other business entities. It is not intended for consumers.
    Thank you for your understanding.

    Terms and Conditions
    GENERAL TERMS AND CONDITIONS OF THE E-SHOP

    Dear visitors of the website www.dasgastro.cz,

    You have reached the page with the general terms and conditions of our e-shop.
    We are very pleased with your interest in working with us.
    You have probably already reviewed our selection of new and used gastro equipment, and now it is time to provide you with the necessary legal information, which you should have before placing an order through our online platform.
    Please read these General Terms and Conditions ("GTC") carefully.

    WHEN DO THE GTC APPLY, AND WHAT IS THEIR RELATION TO THE CONTRACT?

    The GTC apply to the sale of goods through the online interface.
    The process of purchasing goods and concluding the contract is described in detail below.
    The GTC form an integral part of the purchase contract ("Contract") concluded between us.
    If individual agreements in the Contract differ from these GTC, the agreements in the Contract shall prevail.

    Contents of the GTC:

    • Basic information about our company

    • Important definitions to clarify the terms used

    • III. How to place an order and conclude a Contract

    • Information about prices and payment terms

    • Delivery of goods

    • Withdrawal from the Contract

    • VII. Warranty, rights arising from defective performance, and complaints procedure

    • VIII. Handling complaints

    • Conclusion

    BASIC INFORMATION ABOUT OUR COMPANY

    F & S INTERNATIONAL INVESTMENT GROUP s.r.o.
    Company ID: 05521076
    VAT ID: CZ05521076
    Registered office: Plzeňská 1270/97, Košíře, 150 00 Prague 5, Czech Republic
    E-mail: info@dasgastro.cz

    Our company is registered with the Municipal Court in Prague, File No. C 265061.
    The delivery address for correspondence is: Bříza 117, 413 01 Bříza, Czech Republic.
    We are available at the above e-mail address for general communication as well as for handling inquiries and complaints.

    Hereinafter, our company will be referred to simply as the "Seller".

    IMPORTANT DEFINITIONS

    Who is the Buyer?

    The Buyer is the entity that concludes a purchase contract with us through the online platform by purchasing one of the offered items, namely gastronomic equipment such as refrigeration, freezing, or heating devices, kitchen machinery, cookware, furniture, or other machines and equipment (hereinafter referred to as "products" or "goods") listed on www.dasgastro.cz (hereinafter referred to as the "website" or "online platform").

    Our offer is strictly wholesale, intended for other businesses.
    Purchases can only be made with a valid company ID number (IČO).

    What Contract do we conclude together?

    The sale of products is governed by a Purchase Contract.
    The process for concluding the Contract via the online platform is detailed in these GTC.
    The Contract is concluded in the Czech language, stored electronically, and is not accessible to third parties.
    The Contract consists of your order (completed order form via the website) and our acceptance thereof, along with these GTC.

    What is a Contract concluded by distance communication?

    This refers to a contract concluded without physical contact, using distance communication tools, mainly via our online platform.
    Costs associated with the use of distance communication means (especially internet access or telephone charges) are borne by the Buyer and do not differ from the usual rates.
    By placing an order, you expressly agree to the use of means of distance communication.

    Which legal regulations govern our relationship?

    Our mutual contractual relationship is governed primarily by applicable legal regulations, especially Act No. 89/2012 Coll., the Civil Code (referred to as the "Civil Code" or "CC").

    III. HOW TO ORDER AND CONCLUDE THE CONTRACT

    Product Description:

    2.1. The online platform contains a list of products, detailed descriptions of each item, and their possible variants.
    Where necessary, important additional information is also provided, such as the warranty period if a warranty is offered for a given product.
    Please note that our offer includes both new and used products as well as unused but unboxed goods.
    It is essential to review the provided warranty terms for these items before purchasing. Should you require further information before placing an order, please do not hesitate to contact us to avoid any misunderstandings.

    2.2. For machines and devices connected to a water supply, proper water softening must be ensured.
    Failure to comply may lead to defects not covered by warranty.
    You, as the Buyer, are responsible for ensuring that the electrical connection complies with all legal and manufacturer requirements, including regular inspections.
    Please adhere to the provided operational guidelines.

    2.3. The product presentation on the website is for informational purposes only.
    Photographs are illustrative.
    We are not obligated to conclude a contract solely based on the display of goods on the website. Section 1732 (2) of the Civil Code does not apply.

    2.4. For products listed as out of stock, we will arrange their delivery after payment of a reservation fee (amount specified on the website).
    If you cancel an order after paying the reservation fee, the fee is non-refundable and covers the costs incurred by the Seller.

    Placing an Order:

    3.1. The conclusion of the Contract does not occur at the moment of sending the order form.
    The Contract is concluded only once the Seller accepts your offer.
    When filling out the order form, it is necessary to provide the company name, valid company ID number (IČO), VAT ID (if applicable), the selected products and quantities, billing and delivery addresses, e-mail address, and phone number. You must also select a payment method and a method of delivery.

    3.2. Before submitting the order, you will have the opportunity to check and modify the entered data.

    3.3. Upon receipt of the order, we will send you a confirmation e-mail along with a proforma invoice.
    The Contract is concluded when you receive our confirmation of acceptance.
    If a reservation fee is required for the product, the Contract becomes effective only after the payment of the fee.

     

    WITHDRAWAL FROM THE CONTRACT

    Both the Buyer and the Seller are entitled to withdraw from the Contract in cases stipulated by law or as specified in these GTC.
    The application of Section 1829 of the Civil Code (consumer withdrawal without reason) is excluded.
    The Buyer is not entitled to withdraw from the Contract without providing a reason.

    Withdrawal must be made in writing and becomes effective upon delivery to the other contractual party, either by post, e-mail, or in person.
    For e-mails, delivery is deemed to occur on the next calendar day after dispatch, unless proven otherwise.
    For postal delivery, the withdrawal is deemed delivered upon receipt by the recipient, or, if refused, on the date of refusal.
    If the recipient does not collect the postal delivery within the storage period, the withdrawal is considered delivered on the last day of this storage period.

    In case of withdrawal from the Contract, the Buyer will be refunded the paid amount, minus transportation costs and any third-party payment processing fees.

    Such fees include:

    • 1.5% of the total invoiced amount for card payments made to couriers,

    • 2% for payments made via the ComGate payment gateway (applies to all payment methods processed through ComGate).

    Conditions for returning goods:

    • The possibility of returning goods must be pre-approved by the Seller.

    • New goods may be returned within 14 days from the date of the tax document, provided:

      • the goods are unused and in their original, undamaged packaging.

      • In this case, 80% of the purchase price will be refunded.

    • Used goods (second-hand) may also be returned within 14 days, but only after inspection by the Seller’s technician, and 80% of the purchase price will be refunded.

    Please note that shipping costs and all risks related to returning the goods are borne by the sender (the Buyer).

    The Seller reserves the right to refuse returned goods even if all conditions are formally met.

    Important:
    Please double-check the product dimensions and power requirements before ordering online to avoid any later issues with installation or compatibility.

    WARRANTY, RIGHTS FROM DEFECTIVE PERFORMANCE, AND COMPLAINTS PROCEDURE

    The rights and obligations concerning defective performance are governed by applicable legal regulations, especially Sections 1914–1925 and 2099–2112 of the Civil Code.
    The warranty rights are governed mainly by Sections 2113–2117 of the Civil Code.

    The Seller warrants that the goods are free of defects upon delivery.
    Normal wear and tear, or deterioration appropriate to the previous use of second-hand goods, is not considered a defect.

    Special notes for used goods:
    If you are purchasing used goods, please be aware that they are not new and may require maintenance or repairs before being put into operation.
    You will be informed of any required repairs or maintenance before the handover of the goods.

    In certain cases, original manuals or certificates may not be available for used goods.

    This is reflected in the negotiated purchase price.
    Wear or defects that justify a reduced price do not constitute grounds for a claim.

    Where a warranty applies, its specific terms are stated on the product page.
    If not specified, the general warranty period for goods is 12 months from the date of delivery.

    Complaints Procedure:

    If a defect covered by warranty occurs and cannot be repaired, or if defects reappear, or if multiple defects are present, the Buyer may demand:

    • replacement of the goods with defect-free goods, or

    • withdrawal from the Contract.

    In case of minor, repairable defects, the Buyer may request:

    • repair of the defect,

    • a reasonable discount on the purchase price,

    • or replacement if repair is disproportionate.

    Specifics for used goods:
    The Seller is entitled to use second-hand (functional) or non-original spare parts for repairs.

    When a defective part is replaced, the warranty only applies to the replaced part, not to the entire device.

    Labor, travel costs, and costs related to the installation of spare parts are borne by the Buyer:

    • CZK 16 per kilometer of technician’s travel,

    • CZK 350 per hour of travel time,

    • CZK 680 per every 30 minutes of repair work.

    The Seller is not responsible for costs voluntarily incurred by the Buyer to improve or modify the product (e.g., surface treatment, color changes, workspace adjustments, certifications).

    The Seller is not liable for damages such as lost profits or spoiled goods resulting from the malfunctioning of the device.

    The Seller is not responsible for third-party technical assessments initiated by the Buyer; such costs are not refundable.

    Any inspection or assessment of a defect must be conducted by the Seller and is free of charge within the warranty process.

    Exclusion of Warranty:
    Warranty claims will not be accepted if:

    • The Buyer knew about the defect before accepting the goods.

    • The Buyer caused the defect.

    • The defect was caused by improper use.

    Important Warranty Conditions:

    • Gas appliances and appliances not fitted with a standard plug must be installed by a certified technician.

    • Refrigerators and freezers must be initially set up by a technician.

    • Failure to meet these conditions results in loss of warranty rights.

    During complaint handling, the Buyer must deliver the goods to the Seller’s address: Bříza 117, 413 01 Bříza, Czech Republic.
    Shipping costs are borne by the Buyer.

    In justified cases, upon prior agreement, the Buyer may arrange an authorized technician’s inspection at their own expense.
    After submitting a certified report, the Seller may provide the Buyer with the necessary spare part.

    Warranty does not cover:

    • Glass materials, seals, sealing material, ceramics, fireclay,

    • Consumable parts such as thermocouples, electromagnetic water valves.

    Damage caused during transport from the Seller to the Buyer must be claimed directly with the carrier.

    If external packaging is visibly damaged, the Buyer should refuse to accept the shipment and have a damage report drawn up with the carrier.

    HANDLING COMPLAINTS AND DISPUTE RESOLUTION

    For complaints regarding a concluded Contract, its performance, or the Seller’s operations, please contact us at: info@dasgastro.cz.

    The Seller operates under a valid business license.
    Supervision of personal data protection is performed by the Office for Personal Data Protection (ÚOOÚ).

    All disputes arising from or related to the Contract shall be resolved by the Arbitration Court attached to the Czech Chamber of Commerce and the Czech Agrarian Chamber according to its Rules, by a sole arbitrator appointed by the Chairman of the Arbitration Court.

    CONCLUSION

    The Contract is concluded for a fixed term, until all obligations of both the Seller and the Buyer arising from the Contract are fulfilled.

    The protection of personal data is regulated in a separate document (Privacy Policy).

    The Seller reserves the right to unilaterally amend these GTC.
    The Buyer is always bound by the version of the GTC in effect at the time of order submission.

    The current version of the GTC is also attached to the e-mail confirming order receipt in PDF format.

    These Terms and Conditions are effective as of January 1, 2023.

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