Terms and Conditions

Our offer is only wholesale, intended for other business persons, not intended for consumers.
Thank you for your understanding .

General Terms & Conditions

GENERAL TERMS & CONDITIONS OF THE ONLINE SHOP

Dear visitors of www.dasgastro.cz,

You have reached the page with the General Terms & Conditions of our online shop. We are very pleased to see your interest in cooperation. You have probably already seen our range of catering equipment and now it is time to give you the necessary legal information that you should have available before you order the selected products via our Web Interface. Please read these General Terms & Conditions (hereinafter referred to as “GTC”) carefully.

WHEN DO THE GTC APPLY AND HOW DO THEY RELATE TO THE CONTRACT?

The GTC shall apply to the sale of Goods via the Web Interface. The actual process of purchasing Goods and concluding the Contract is described below. The GTC are a document that forms an integral part of the purchase contract concluded between us (hereinafter referred to as the “Contract”). If there are provisions in the Contract that differ from the text of the GTC, the provisions in the Contract shall prevail.

Contents of the GTC:

1. Basic information about our company
2. Important terms to clarify what is mentioned here
3. How to order and conclude the Contract?
4. What is the price of the goods and how is it paid?
5. How will the goods be delivered to you?
6. Withdrawal from the Contract
7. Warranty, rights from defective performance and complaints procedure
8. Other complaints
9. Final provisions

1. BASIC INFORMATION ABOUT OUR COMPANY

F & S INTERNATIONAL INVESTMENT GROUP s.r.o.

RN: 05521076

VAT ID: CZ05521076

Registered Office: Plzeňská 1270/97, Košíře, 150 00 Praha 5

E-mail: info@dasgastro.cz

Our company is registered in the Commercial Register kept by the Municipal Court in Prague, File No. C 265061.

Our delivery address is Bříza 117, 413 01 Bříza, Czech Republic. The e-mail address provided is available for regular communication as well as for any suggestions and complaints.

Hereafter, our company is referred to as the “Seller”.

1. IMPORTANT TERMS TO CLARIFY WHAT IS MENTIONED HERE

WHO IS THE BUYER?

The Buyer is the person who enters into a purchase contract with us via the Web Interface to purchase any of the offered items, i.e. in particular catering equipment such as refrigerating, freezing and heating equipment, kitchen machines, pots, furniture or other machines and appliances (hereinafter referred to as “Products” or “Goods”) offered on www.dasgastro.cz (hereinafter also referred to as the “Website” or “Web Interface”).

The products offered are for wholesale only, intended for other entrepreneurs, not for consumers. It is therefore only possible to make purchases in our online shop using your registration number.

WHAT KIND OF CONTRACT DO WE ENTER INTO?

A Purchase Contract is concluded for the sale of Products. The process of concluding the Contract via the Web Interface is described in detail in these GTC. The Contract is concluded in Czech, Slovak, English, Polish or Italian. The Contract is kept in electronic form and is not accessible to third parties. The Contract consists of your order (Order Form on the Web Interface), its acceptance by us and these GTC.

WHAT IS A DISTANCE CONTRACT?

It is a Contract that is concluded by MEANS OF DISTANCE COMMUNICATION, i.e. it is concluded without having to meet in person, as it is concluded using the Web Interface. The costs associated with the use of means of distance communication (in particular the cost of the Internet connection and any telephone calls) are borne by you as the Buyer and do not differ from the standard rate charged by your operator or Internet connection provider. By placing an order, you expressly agree to the use of means of distance communication.

WHAT LEGAL PROVISIONS GOVERN THE CONTRACTUAL RELATIONSHIP BETWEEN US?

These are the applicable legal regulations, in particular Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”).

III. HOW TO ORDER AND CONCLUDE THE CONTRACT?

1. As a Buyer, you order the Goods through the Web Interface, i.e. through the ordering system on the Website, by filling in the Order Form located there.
2. DESCRIPTION OF GOODS:

• The Web Interface contains a list of the Goods and a detailed description of the individual items and their variants, if any, and, if necessary, other important information about the Goods, such as the warranty period for the Products covered by warranty.
• Appliances without a plug and gas appliances must be connected by a qualified person. Refrigerators and freezers must be set by a qualified person when they are first put into operation. Failure to comply with these parameters will void the warranty. The invoice of the service technician who installed the appliance must be kept throughout the warranty period.
  Machines and appliances that are connected to a water source as part of their operation must be provided with the necessary water softener. In the event that the Buyer fails to comply with this instruction and the product develops a defect as a result, any complaint will be rejected as unjustified. As the Buyer, you undertake to ensure that the Product is connected to the electrical network (wiring) that has been properly inspected and meets all the requirements of the law and the manufacturer’s instructions before the Product is put into operation. Please follow our recommendations for the subsequent operation of the Products.
• The presentation of the Goods on the Web Interface is for informational purposes only. As the Seller, we are not obliged to enter into the Contract. The provisions of Section 1732(2) of the Civil Code shall not apply.
• If specific Products are listed as out of stock on the Website, we will order them for you upon payment of the appropriate reservation fee (the amount is listed on the Website). In the event that you order such a Product, pay the reservation fee, and then cancel the order, the reservation fee will be kept by us to cover the costs we incur in connection with the transaction. In the event that the order is completed, the reservation fee is included in the purchase price.

1. ORDERING GOODS:

• Goods can be ordered via the Web Interface using the Order Form, filling in your name, surname or company name, registration number or VAT ID (if you are VAT registered), selecting specific Products (by placing the ordered Products in the “basket” of the Web Interface and indicating the number/quantity of the ordered Goods, or the variant of the Goods, if more than one is offered), billing address and delivery address (if different), e-mail, telephone contact and selecting the method of payment and delivery of the Goods.
• Before submitting your order, you can check and change the data entered in the Order Form and, if necessary, correct any errors. To place an order, click on the order button below the order.
• We will inform you of the acceptance of the order made via the Order Form on the Web Interface by e-mail sent to your e-mail address, including the advance invoice for the Goods. The Contract is concluded upon delivery of this order confirmation to your electronic address indicated in the order and, if applicable, upon payment of the reservation fee for the Goods.

1. CANCELLATION OF THE ORDER AND WITHDRAWAL FROM THE CONTRACT:

• Any changes to the Contract (including cancellation of an order) are only possible upon mutual agreement. Until the conclusion of the Contract, you may cancel your order by e-mail sent to our electronic address specified in Article I of these GTC.
• As the Seller, we reserve the right to cancel an order or part of an order prior to the conclusion of the Contract if we run out of stock and none of our suppliers are able to supply new stock in the longer term. We are also entitled to withdraw from an already concluded Contract for the same reasons (as we would not be able to meet your requirements), which can be done by sending a written withdrawal stating the reasons to your e-mail address. The withdrawal shall take effect at the moment of its delivery. Should it occur that you, as the Buyer, have already paid the whole or a part of the purchase price, we will refund the received payment using the same method you used to make the payment, unless expressly agreed otherwise. In such case, the payment will be refunded to you within 14 days from the moment of informing you of the impossibility to deliver the Goods or the effectiveness of the withdrawal from the Contract.

1. If in doubt, we may contact you to verify the authenticity of the order. If we are unable to verify the authenticity of the order, it will be assumed that the order was not placed at all and we will cease to process the order.
2. Goods can be ordered via the Web Interface 24/7. Dispatching takes place on working days only. Please note that, exceptionally, the Website may be temporarily unavailable due to necessary maintenance or due to circumstances beyond our control, such as Internet connection failures, etc.
3. Ownership of the Goods shall pass to you, as the Buyer, when both of the following conditions are met – the full purchase price is paid and the Goods are accepted by you. 

4. WHAT IS THE PRICE OF THE GOODS AND HOW IS IT PAID?
5. PRICE OF THE GOODS: The price of the Goods is always indicated on the Web Interface (both exclusive and inclusive of VAT). The price is valid for as long as it is displayed on the Web Interface. Carriage is added to the price of the Goods (see Article V of these GTC). The final calculated price listed in the order summary (i.e. before you click the order button) is already inclusive of carriage.
6. The agreed price is the price listed next to the Product at the time your order is dispatched. If there is an apparent error in the price listed on the Web Interface (this means in particular a typo, an error in entering the price) or a similar error in the process of concluding the Contract, then we are not obliged to deliver the Goods to you at such an apparently incorrect price, even if there is an automatic confirmation of acceptance of the order. In the event that you have already paid the apparently incorrect price, we are entitled to withdraw from the Contract and refund the amount paid. If there is a change in price between the time your order is placed and the time we confirm it, the price valid at the time the order is placed will apply unless expressly agreed otherwise.
7. Unless expressly agreed otherwise, we are obliged to deliver the Goods to you only after full payment of the agreed price.
8. METHOD OF PAYMENT: The agreed price can be paid as follows:

- Cashless (conventional) bank transfer to our bank account: payment instructions in the form of an advance invoice will be sent to you in the e-mail confirming acceptance of your order. Please be sure to include the appropriate variable symbol upon payment so that it can be assigned quickly and the Product can be delivered as soon as possible.

- Cashless payment by card online or by a quick online bank transfer via a payment portal. Payment methods are connected to the payment gateway of ComGate Payments, a.s., which provides secure technology for accepting payment cards and online bank transfers. Payment card and credit card numbers and e-banking passwords are entered through the secure and trusted channel of ComGate Payments, a.s. This data is not shared with us by that company and we do not have access to it.

• Cash on delivery.
• By credit card via payment terminal before taking over the Goods from the carrier.
• In cash on personal pick-up at our warehouse at Bříza 117, Bříza 413 01.

5. MATURITY OF THE PURCHASE PRICE:

The purchase price is due within 5 days of confirmation of order acceptance. The due date is indicated on the advance invoice or the reservation fee invoice. In the case of COD or payment on personal pick-up, the purchase price is payable just before the Goods are handed over. Goods ordered for you from a supplier may require a deposit in addition to the reservation fee, payable on arrival of the Goods at our warehouse. The purchase price is paid when the relevant amount is credited to our bank account, or paid via a payment terminal or handed over in cash to the carrier or to the warehouse assistant.

The deposit for the Goods can be up to 100% of the price of the Goods including VAT. This deposit is non-refundable and becomes a contractual penalty if the Buyer refuses to accept and pay for the Goods in person or refuses to accept and pay for them upon delivery by delivery service.

1. The provisions of Section 2119(1) of the Civil Code shall not apply. Goods cannot be paid for by way of an instalment schedule.
2. When ordering higher priced or atypical product, the Seller reserves the right to request payment in advance. 
3. After delivery of the Goods, a tax document containing all the legal formalities will be issued to you. The invoice also serves as a delivery note and proof of warranty (for Goods covered by warranty).

1. HOW WILL THE GOODS BE DELIVERED TO YOU?

2. METHOD OF DELIVERY.

Goods can be delivered via carrier to the delivery address provided by you. You can select the delivery method on the Web Interface when ordering the Goods. Our obligation to deliver the Goods is fulfilled by handing over the Goods to the carrier you selected when placing your order. Your unreasonable refusal to take delivery of the Goods shall not be deemed to be a breach of our obligation to deliver the Goods and shall not be deemed to be a withdrawal from the Contract on your part. Please always check the integrity of the packaging when you receive the parcel. If you find any defects, please report them to the carrier immediately and contact us (see details in the section on complaints below). Refusal to accept a damaged package shall not be deemed to be an unreasonable refusal to take delivery. On the other hand, if you sign the delivery note or the carrier's parcel list or a similar document to acknowledge receipt of the parcel, the Goods shall be deemed to have been delivered in intact packaging and it is no longer possible to make a complaint on the grounds of a damage to the integrity of the packaging.

3. DELIVERY TIME.

The length of the delivery time depends on the chosen method of delivery, the chosen method of payment and the availability of the selected Goods. We will prepare the Goods for dispatch usually within 5 working days after the payment has been credited to our bank account, or after the order has been confirmed if the Goods are to be paid cash on delivery or by cash or payment card upon personal pick-up. You will receive information about dispatch and estimated delivery time to your e-mail address entered in the order, or by SMS. The delivery time for the Goods is usually within one week from the handover of the Goods to the carrier, unless expressly stated otherwise on the Web Interface.

4. SHIPPING COSTS.

The price for delivery depends on your chosen delivery method and is indicated on the Web Interface. Any order limit for free shipping will also be indicated on the Web Interface.

1. Should it be necessary for reasons on your part to deliver the parcel repeatedly or by a method other than the one ordered, you are obliged to pay the costs of repeated delivery or delivery by another method, unless expressly agreed otherwise. In the event that you should unreasonably refuse to take delivery of the parcel, we shall be entitled to compensation for the costs associated with its delivery and storage, as well as any other costs we incur as a result of not taking delivery of the parcel. The costs will be determined according to the current price list of services available upon request.
2. We reserve the right to modify the Delivery & Transport Conditions in more detail in a separate document.

• WITHDRAWAL FROM THE CONTRACT

1. Both you, as the Buyer, and we, as the Seller, are entitled to withdraw from the Contract in cases provided by law or specified in these GTC. The provisions of Section 1829 of the Civil Code shall not apply; the Buyer is not entitled to withdraw from the Contract without stating a reason.
2. Withdrawal from the Contract must always be made in writing and is effective upon delivery to the other Party by mail or e-mail or in person. An e-mail shall be deemed to have been delivered on the day following its sending, unless it is proven that it was delivered on the day of sending. A withdrawal delivered by mail shall be deemed to have been delivered at the moment of its receipt by the recipient and, if the recipient refuses to accept it, at the moment of such refusal. If the addressee fails to collect the postal item within the storage period, it shall be deemed to have been delivered on the last day of the storage period.
3. Returns Policy:

• The possibility of returning the Goods must be agreed by the Seller
• New goods within 14 days from the issue of the tax document
  • unused with intact packaging
  • when returning the Goods, you will receive 80% of the purchase price

Please note that the sender (customer) shall bear the shipping costs and all related risks associated with the return parcel.

The Seller reserves the right not to accept the Goods back even if all conditions are met.

We recommend that you always pay close attention when ordering online. Check the dimensions of the appliance and the space where you want to install it. It is also important to always check the input power of the appliance.

• WARRANTY, RIGHTS FROM DEFECTIVE PERFORMANCE, COMPLAINTS PROCEDURE

1. Rights arising from defective performance are governed by applicable law and regulations, in particular the provisions of Sections 1914 to 1925 and 2099 to 2112 of the Civil Code.
2. The rights under the warranty are governed in particular by the provisions of Sections 2113 to 2117 of the Civil Code.
3. As the Seller, we shall be liable to you that the Goods are free from defects upon receipt.
4. In the event that a defect in the Goods is rectified by replacement with another spare part, the warranty period applies only to this spare part. The Buyer shall pay in full for the work, travel and costs associated with the replacement of the part. The price is charged at 16 CZK/km, 350 CZK/hour of travel and 680 CZK for every 30 minutes of the service technician’s work.

1. The Seller shall not be liable for costs incurred by the Buyer to increase the value of the Product, such as, in particular, changes in surface finish, colour, replacement of parts of the Product, adaptation of the work space, tests, certificates and costs of similar procedures related to the operation of the Product on the part of the Buyer, which the Buyer has carried out on its own initiative. Similarly, the Seller shall not be liable for the costs incurred by the Buyer for the assessment of the technical condition of the Product by a third party as a basis for the initiation of the complaints procedure. The assessment of the complaint is always carried out by the Seller upon the Buyer’s request to initiate a complaints procedure and is free of charge. Under the complaints procedure, the Seller shall not pay the aforementioned costs associated with the Product, which were incurred by the Buyer without the Seller’s will.
2. You are not entitled to the rights from defective performance if you had known that the Goods were defective before you took delivery of them or if you caused the defect. Warranty and liability claims do not apply to defects caused by improper use.
3. Please file your complaint without undue delay after discovering any defects. You can also inform us about the complaint in advance by e-mail. We would appreciate it if you attach an invoice or other proof of purchase, a description of the defect complained about and a suggested solution to the complaint. We will settle the complaint without undue delay within 90 days at the latest, unless expressly agreed otherwise. We will provide you with written confirmation of the complaint and its settlement. If your order is delivered by a carrier, please inspect the parcel with the carrier present and, in the event of damage to the parcel, file a complaint directly with the carrier. The carrier will then draw up a report with the addressee on the defect found and the parcel will be delivered back to the sender. As the Buyer, you are entitled to refuse to take delivery of a parcel that does not comply with the Contract, e.g. if the parcel is incomplete or damaged. If you accept such a damaged parcel from the carrier, it is necessary to describe the damage in the carrier’s handover certificate. Incomplete or damaged parcels must be reported immediately by e-mail to: info@dasgastro.cz; a damage report must be drawn up with the carrier and sent to us without undue delay by e-mail or by mail. An additional complaint of incompleteness or external damage to the parcel gives us the means to prove that it is not a breach of the Contract.
4. Complaints can only be filed at Bříza 117, Bříza 413 01. The cost of transporting the appliance shall be borne by the Buyer.
5. Gas appliances and appliances not provided with a plug must be connected by a qualified technician. When refrigerators and freezers are first put into operation, the parameters must be set by a qualified technician. Failure to comply will result in loss of warranty. In the event of a complaint, the Buyer is obliged to provide the Seller with documents proving the commissioning of the appliance by such a qualified person. Failure to provide the relevant documents will result in the complaint being rejected.
6. The Buyer is obliged to make the complaint personally, i.e. by handing over the Goods to the Seller directly at Bříza 117, 413 01 Bříza. In the event that the Buyer, after prior agreement with the Seller, does not make the complaint personally, the Buyer is obliged to arrange for a qualified technician to assess the defect at the Buyer’s expense. On the basis of the issued document certified by the technician’s stamp, the Seller will provide the Buyer with the necessary spare part to remove the defect. The Buyer is obliged to provide the Seller with all required assistance for successfully handling a complaint.
7. The following shall not be covered by the warranty: Glass materials, gaskets, sealing material, ceramics, fireclay and wear parts such as thermocouples and solenoid water valves
8. A complaint will be considered unjustified if the defect or damage to the Goods occurred during their transport from the Seller to the Buyer. In such case, the carrier is liable for damage to the Goods. Upon receipt of the parcel, the Buyer or the recipient of the parcel is obliged to check whether the packaging is intact and whether the parcel does not show obvious signs of external damage. If the Buyer or the recipient of the parcel discovers obvious defects (e.g. damaged packaging), they are entitled to refuse to accept the parcel in their own interest and to draw up a damage report with the carrier. By signing the delivery note, the Buyer confirms that the parcel has been delivered properly and intact. If the Buyer or the recipient of the parcel discovers a defect resulting from damage in transit after taking delivery of the Goods, they are obliged to notify the Seller and, in particular, the carrier of this fact without delay in writing or by e-mail to info@dasgastro.cz, but no later than 2 (two) calendar days from the date on which the parcel was delivered, and to request that a damage report be drawn up. Until the damage report is prepared, the Buyer must not handle the parcel in any way and is obliged to keep the packaging in which the parcel was delivered.

• OTHER COMPLAINTS AND DISPUTES

1. If you have any complaint about the Contract, its performance or our activities, please contact us at info@dasgastro.cz.
2. We do business on the basis of a trade licence; the supervisory authority is the relevant trade licensing office. Compliance with data protection regulations is supervised by the Office for Personal Data Protection. You can turn to these institutions to make your complaints.
3. All disputes arising out of and in connection with the Contract shall be ultimately decided by the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic in accordance with its rules by a single arbitrator appointed by the President of the Arbitration Court.

9. FINAL PROVISIONS

1. The Contract is concluded for a definite term, until the Seller and the Buyer fulfil their obligations under the Contract.
2. The protection of personal data is addressed in a separate document.
3. Please note that we are entitled to unilaterally change these GTC, but the Buyer is always bound by the text of the Terms & Conditions in force at the time the order is placed. This version of the Terms & Conditions is also attached to the e-mail confirming the acceptance of the order in text form in PDF.
4. These GTC are effective from 1 January 2023.