COMPLAINTS PROCEDURE

T.V.P.Servis s.r.o., ID: 28602528, registered in the commercial register kept at the Regional Court in

Ostrava, file number C 34140/KSOS (hereinafter only supplier)

I. Introductory Provisions

[1] This complaint regulation regulates the rights and obligations of the contracting parties, in relation to liability for defects and quality guarantees, resulting from the purchase contract (or other similar contract) concluded between the supplier and the customer.

[2] Supplier means the legal entity specified above, which concludes with the customer

a purchase contract or another similar contract, the subject of which will be the delivery of the item (e.g. spare parts for faucets, shower enclosures and bath screens, bathroom furniture, etc.).

[3] For the purposes of this complaint procedure, the customer is a person who has entered into one of the contractual relationships with the supplier, the demonstrative list of which is given in the previous paragraph of this article.

[4] With a quality guarantee, the supplier undertakes that the thing delivered by him will be suitable for use for the usual purpose or that it will retain certain properties for a certain period of time (hereinafter referred to as the guarantee period).

[5] A defect in the subject of performance is understood as a case where the subject does not correspond to the conditions agreed in a specific contract.
 
II. Defects, warranty and complaints

[1] The supplier, in addition to the legal responsibility for defects according to § 2099 of the of Act No. 89/2012 Coll., Civil Code, as amended, provides the customer with a guarantee for the quality of the goods delivered by him (hereinafter referred to as the guarantee).

[2] The length of the warranty period provided by the supplier for items is determined depending on the type of product, as follows:

Product type
Warranty duration (in years)

Ceramic sanitary products and accessories 2

Acrylic bathtubs and acrylic shower trays 2

Baths and shower trays made of cast marble ("Solid Surface") 2

Plumbing faucet 2

PVD surface for faucets 2

Shower programs - shower hoses (except IDEALFLEX hoses) 2

Shower programs - IDEALFLEX 2 shower hoses

Whirlpool systems: electrical parts and cleaning systems 2

Flushing mechanisms for tanks and concealed systems 2

Drain and overflow set Multiplex Trio, Rotaplex Trio 2

Shower and bath screens 2

Bathroom furniture, mirrors and other components 2

Bathroom accessories for sanitary products and bathtubs

from non-ceramic material (glass, plastic, foam materials) 2

Toilet seats (including dampers, joints and fixings) 2

Spare parts 6 months

Concealed flushers (for hanging ceramics):

     Frames 2
     Moving parts and tanks 2
     Control buttons 2

[3] The warranty period runs:

     from the day the item is handed over to the customer, in case of personal collection; or
     from the day the item is handed over to the first carrier, if the item is sent to the customer at the buyer's request.

[4] The subject of performance suffers from a defect if it does not correspond to the conditions agreed in a specific contract.

[5] The customer shall report a defect in the item, which is covered by either the legal liability for defects or the warranty, electronically to the e-mail address servis(a)sece.cz, without undue delay, but no later than five working days after the learned about this fact. The customer fulfills his obligation to notify the defect of the item on the day when he sends the notification of the discovery of the defect to the supplier and the supplier verifiably accepts this notification.

[5a] The customer shall notify the defect of the subject of performance electronically to the e-mail address servis(a)sece.cz, without undue delay, but no later than fourteen days after acceptance. The customer fulfills his obligation to notify the defect of the item on the day when he sends the notification of the discovery of the defect to the supplier and the supplier verifiably accepts this notification.

[6] In the notice of defects, the customer shall state the following details: customer specifications, end customer data, customer contact details - telephone number, e-mail address, contact person, type of defective item (if assigned, then also product code, series code ), a description of the defect and its manifestations (i.e. what the defect is seen in), attach a copy of the tax receipt for the purchase, photo documentation and possibly other documents or materials that capture and document the defect of the claimed item. The supplier is not obliged to assess a complaint without the above requirements.

  [7] The supplier's employee will decide on the method of resolving a specific complaint no later than 5 working days after receiving the document and document needed to resolve the complaint, and will communicate this to the customer at the email address specified in the order, unless the customer has specified another email address for communication.

[8] In the event that the item is already assembled at the end customer's place, the customer is obliged to ensure that, in the event that the supplier asks him to dismantle it and send it to the service center according to the instructions. If cooperation is not ensured and provided, then the supplier is not obliged to assess the given claim. In this case, the customer is also obliged to reimburse the supplier for the costs incurred in vain for the already initiated claim.

[9] In the event that the customer does not fulfill the conditions for notification of defects specified in paragraphs 6 and 7 of this article, or if he arbitrarily dismantles the item that he believes suffers from a defect and sends it to the supplier's address without consent, then the supplier is not obliged to assess the complaint.

  [10] The supplier shall handle the claim no later than 30 days from the date of proper identification of the defect in accordance with the provisions of paragraph 6 of this article, unless a different deadline is agreed upon with the customer.

  [11] The customer is responsible for the fact that the thing delivered by the supplier will be installed and put into operation exclusively by workers who are professionally qualified for such activity and by an organization that is authorized to assemble the thing sold by the supplier. At the supplier's request, the customer must document this fact.

  [12] In the case of resolving the complaint by exchanging the item, the customer undertakes to hand over the original item to the supplier, if requested by the supplier to do so in complete condition.

[13] In the case of resolving the complaint by exchanging the item, a new period for exercising the rights of defective performance or rights from the quality guarantee does not run, but the period of the claimed item continues to run.

[14] In the event of an unauthorized complaint, the customer bears the full cost.

[15] In the event that the delivery of a new item is chosen as the method of complaint and it is not objectively possible to deliver an item of the same type (series and code designation), then the supplier is entitled to deliver an item that corresponds or is closest in parameters to the item complained of.


III. Exclusions from liability for defects

 

[1] The supplier is not responsible for item defects in the following cases:

     If there is a defect in the item at the time of acceptance and a discount from the purchase price is agreed for such a defect;
     The defect is caused by the customer and was caused by improper use, storage, improper maintenance, intervention by the customer or mechanical damage to the item;
     The item's defect was caused by wear and tear caused by normal use or if this results from the nature of the item;
     If it is a used thing and the defect corresponds to the level of use or wear and tear the thing had at the time it was taken over by the customer;
     Mechanical damage to things;
     The defect was caused by unprofessional installation, unprofessional assembly, handling, service or neglect of care of the item;
     Performing an unqualified intervention or changing parameters;
     Using the item in conditions that do not correspond to the temperature, dustiness, humidity, chemical and mechanical effects of the environment specified by the supplier;
     Damage due to force majeure;
     The defect was caused by non-compliance with the supplier's conditions for installation (assembly), operation and service of the item, specified in the operating instructions, assembly instructions or other commercial and technical document, which is part of each delivered item.

IV. Warranty exclusions

[1] Warranty does not apply to:

     Samples and products already mounted, e.g. on advertising stands, and their possible subsequent sale, at a discount.
     Sale products, especially all sealing materials, faucets and cartridges.
     Consumables, which are mainly aerators, filters, filter inserts, power batteries.
     LED bulbs and fluorescent lamps (light sources).
     Sealing material, which is mainly gaskets and hoses.

V. Special conditions for some products

[1] In the case of thermostatic, electronic and self-closing water taps, it is necessary, for their proper use, functioning and possible recognition of the claim, that a filter device with a sieve of minimum coarseness of 100 µm is installed in the distribution.

  [2] Battery life is 6 months.

VI. Final Provisions

[1] All contracts concluded between the supplier and the customer are concluded in the Czech language and the legal relationships resulting from such contracts, as well as the legal relationships resulting from this complaint procedure, will be governed exclusively by the law of the Czech Republic.

  [2] In the event of disputes regarding the obligations from this complaint procedure or regarding the legal relationships that arose in connection with them, the supplier and the customer will make reasonable efforts to resolve these disputes by mutual agreement. In the event that they are not able to resolve their mutual dispute by agreement, the courts of the Czech Republic are competent to decide disputes. The jurisdiction of other courts is not admitted.

[3] The supplier reserves the right to unilaterally change this complaint procedure and inform about this in a timely manner and without unnecessary delay, by means of a notification on its website.

[4] By concluding a contract with the supplier, the customer confirms that he has familiarized himself with this complaint procedure.

[5] In the event that any provision of this Complaint Regulation becomes invalid or unenforceable, this will not affect the validity or enforceability of the other provisions.
 
VII. Efficiency

[1] This complaint regulation takes effect on December 19, 2022

[2] In the event of a conflict between a provision of the concluded (valid and effective) framework agreement and a provision of this complaint procedure, the provision of the framework agreement shall be applied preferentially.

[3] In the event of a conflict between any of the provisions of this complaint procedure and any of the statements