Guarantees - complaints procedure

1. The Complaints procedure provides for the rights and obligations of the Parties, related to liability for damage and guarantee of quality according to a purchase agreement (or another similar agreement) concluded between the Supplier and Customer.

2. The Supplier is a legal entity specified above, who enters into a purchase agreement or another similar agreement, a subject of which is a supply of items (e.g. sanitary goods, taps, shower trays and baths, bathroom furniture etc.).

3. For the purposes of this Complaints procedure, Customer is any person who enters into contractual relationship with the Supplier, which is specified in the previous paragraph of this article.

4. By the guarantee of quality, the Supplier undertakes that the item he delivers is eligible to be used for its common purpose and that it shall maintain specific characteristics for some time (warranty period).

5. Defect of a fulfillment subject is a case when the subject does not correspond with the terms and conditions specified by a specific contract.

1. The Supplier, besides legal liability for damage according to the provisions of § 2099 an. Of the Act no. 89/2012 Sb., of the Civil Code, as amended, provides a guarantee of quality to the Customer for delivered items (hereinafter the Warranty).

2. The duration of warranty period provided by the Supplier is determined according to a type of product, as follows:

3. The warranty runs:

• from a day the item is handed over to the customer in case of personal taking-over;

  or

• from a day the item is handed over to the first carrier in case the item is sent.

4. A subject of fulfillment suffers from defect if it does not correspond with the terms and conditions specified by a specific agreement.

5. The Supplier informs of an item defect (subject of fulfilment), which is a subject of the liability for damage or warranty, electronically to the e-mail address servis@idealstandard.com, without hesitation, within two working days from when he learns about the defect at the latest. The Customer fulfils his obligation to report item defect on a day he sends his notification of defect to the Supplier, and the Supplier provably receives the notification.

6. The notification of defects has to include the following information: customer specification, information about end customer, customer´s contact details – telephone number, e-mail address, contact person, type of item with defect (product code if it exists, serial code), description of defect and its manifestation (that is where the defect can be seen), he attaches a copy of a tax document proving a purchase, photo documentation and respectively other documents and material that prove the defect of the complained item. The Supplier does not have to assess a complaint without the above prerequisites.

7. In case the item is assembled at an end customer´s place, the Customer is obliged to organize access to it. If no access is provided to the complained item, the Supplier does not have to assess the complaint. In that case, the Customer is obliged to pay to the Supplier the expenses spent on a service technician journey.

8. In case the item is already assembled at an end customer´s place, the Customer is obliged to organize and provide cooperation to a service technician of the Supplier and follow his instructions. If the cooperation with a service technician of the Supplier is not provided, the Supplier is not obliged to assess the complaint. In that case, the Customer is obliged to pay to the Supplier the expenses spent on a service technician journey.

9. If the Customer fails to fulfil the terms to notify about the defects specified in par. 6 and 7 of this article or if he disassembles an item with a defect himself and sends it to the Supplier, the Supplier is not obliged to assess the complaint.

10. The Supplier settles the complaint within 30 days from a proper specification of a defect according to the provisions of par. 6 of this article, if not agreed on another time period with the Customer.

11. The Customer is responsible for the fact the item delivered by the Supplier is installed and put into operation exclusively by workers who are qualified to perform the work and organisation entitled to assemble items sold by the Supplier.

12. If a complaint is resolved by exchanging an item, the Customer undertakes to hand the original one over to the Supplier, if asked to do so by the Supplier.

13. If a complaint is resolved by exchanging an item, there is no new time period to exercise the rights related to defective fulfilment or the guarantee of quality, but the time period of the original item continues.

14. In case of any unjustified complaint, the Customer settles the costs in full.

15. For the cases when the way of complaint selected is delivery of a new item and it will not be objectively possible to deliver a same type of item (series and coding), the Supplier has a right to deliver an item, the parameters of which correspond or with as close parameters as possible to the complained item.

1. The Supplier is not responsible for defects in the following cases:

- If a defect exists at the time of taking over, and there is a discount from the purchase price agreed due to the defect;
- Defect is caused by the Customer and occurs due to incorrect using, storing, incorrect maintenance, interference of the Customer or mechanical damage to the item;
- Defect of an item occurred due to wear out caused by common use or if it follows from the nature of the item;
- If it is a used item and the defect corresponds with an extent of use or wear and tear at the time the item is taken over by the Customer;
- Mechanical damage to the thing;
- A defect due to unprofessional installation, unprofessional assembly, manipulation, operation, or neglect in relation to caring for the item;
- Non-qualified interference or a change of parameters;
- Using items in conditions that do not fit due to temperature, dustiness, humidity, chemical or mechanical influences of environment, which is specified by the Supplier;
- Damage due to force majeure;
- A defect was caused by failing to comply with the terms and conditions of the Supplier for installation (assembly), manipulation and operation of items, specified in the instructions manual or another business-technical document, which is included with every delivered item.

1. Warranty does not apply to:

- Samples and their prospective sale.
- Consumables, particularly aerators, filters, filter insertions, supply batteries.
- LED bulbs and lights (sources of light).
- Sealing material, particularly sealing and hoses.

1. In case of thermostatic, electronic, and self-closing taps is necessary, for its proper use, functioning and prospective acceptance of a complaint, to install filtration equipment into distribution, with a sieve of the minimum coarseness of 100 µm.

2. Life cycle of supply taps is 6 months.

1. All agreements concluded between the Supplier and the Customer are concluded in Czech language and legal relationships related to the agreements as well as those emerging from this Complaint procedure shall comply exclusively with the Czech Republic legislation.

2. In case of any disputes concerning the obligation related to the Complaint procedure or concerning related legal relations, the Supplier and the Customer make reasonable effort to resolve any mutual disputes by agreement. If they cannot resolve their dispute by agreement, it shall be processed by relevant courts of the Czech Republic. Jurisdiction of other courts is not permitted.

3. The Supplier reserves the right to change the Complaints procedure one-sidedly and inform about it in timely manner and without hesitation in a form of notification on his web site.

4. By entering into the agreement with the Supplier, the Customer confirms he has read the Complaints procedure.

5. If any provision of the Complaints procedure becomes invalid or unenforceable, it shall not affect the validity or enforce-ability of other provisions.

1. The Complaints procedure comes into force on 2. 12. 2019.

2. In case of contradiction of any provision according to the concluded (valid and effective) framework agreement with any provision of this Complaint procedure, the provisions of the framework agreement shall prevail.

3. In case of contradiction of any provision of the Complaint procedure with any from a warranty declaration (warranty certificate), the provisions of the Complaint procedure shall prevail.

Ideal Standard s.r.o., company ID: 26469766, registered in the Commercial Register administered by the regional Court in Ústí nad Labem, section C, insertion 21747 (hereinafter the Supplier)