The company TECHNOLOGY ITALIAN SERVICES s.r.o. (further referred to as TIS) with headquarters at Jeseniova 56, 13000 Prague 3, is registered in the Commercial register kept by the Prague Municipal Court under No. C 30569, and owner of the website www.jacuzzi-servis.cz.
Acceptance of Sales Conditions
- The contract between TIS and the Clilent shall be considered as concluded after the acceptance, even partial, of the order by the company TIS. This acceptance may be tacit, if the Client has not been informed otherwise. By placing his order, in whichever way, the Client declares that he has taken note of all information which has been submitted to him during the purchase and that he fully accepts the following General Conditions of Sale and Payment.
- If the Client is also the consumer (i.e. a natural person which buys the goods for a purpose other than his business activity), then, after finishing the procedure of online purchase, he shall print or save an electronic copy of these General Conditions of Sale, in accordance with the provision of the Law art. 3 e 4 del Dlgs 185/1999 on distance sales.
- Any claim by the Client for damages or indemnization, as well as any contractual or extracontractual responsibility for direct or indirect damage to persons and/or things caused by non-acceptance or partial acceptance of the order is excluded.
Manner of Purchase
- The Client can only purchase the products mentioned in the electronic catalogue of the company www.jacuzzi-servis.cz at the time the order is made, and which are depicted on line at www.jacuzzi-servis.cz, and as they are described in the informative cards.
It is understood that the picture in the informative card of the product may not precisely represent its characteristics, and the product may slightly differ in colour, dimensions and accessories from the picture. Any information on sales support (purchase procedure, etc.) should be considered as simple general information material, not a representation of the actual characteristics of the individual products.
- The due receipt of the order shall be confirmed by the company TIS immediately by e-mail to the electronic address of the Client. This confirming e-mail will contain the Date and hour of execution of the order, and the Client's Order Number which must be used in any further communication with TIS. The e-mail will contain all the data inserted by the Client in his order, and the Client should check whether these are correct, and immediately report any errors, in accordance with phe procedures described in this document.
- In case the order is not accepted, the company TIS shall inform the Client without delay.
Mode of Payment
- Bank Transfer
Such mode of payment may not be possible for all products from the catalogue. If this is the case, the Client will be informed. The Client is obliged to carry out the payment within 7 days from the acceptance of the order. If the amount has not been paid up within these 7 days, the order will be automatically cancelled. The Client shall provide a document on the effected payment which will state the account No. of the transferee, the amount transferred and the identification symbol (order number).
- Cash on Delivery
In case of payment by cash on delivery, the total amount will be increased by the fee for this service. The cash amount will be paid up to the shipper at the moment of consignment.
Manner of Shipping and Shipping Costs
- The company TIS is authorized to receive orders and supply goods on the territory of the Czech and Slovak Republics only.
- For each order sent to the company TIS, an invoice will be issued for the shipped material. The invoice can also be sent to the addressee by e-mail, in conformity with the law 'art 14 D.P.R. 445/2000 e DL 52/2004. In issuing the invoice, the information supplied by the Client in the order form will be used. After the issue of the invoice, no subsequent modifications are possible.
- The cost of shippipng, which is borne by the Client, is specified when the order is processed. The payment for the goods will be carried out by the Client in the way chosen in the order form.
- The company TIS shall not be liable for any delay in the execution of the order or in the shipping of the ordered goods.
- The delivery of the ordered goods is foreseen to house door, with the following exceptions:
Upon delivery of the goods by the shipper, the Client is obliged to check:
- in case of another agreement with TIS service department;
- in case this is foreseen in the technical passport of the product;
- in case of the explicit purchase with delivery to the floor where the goods will be used;
Any damage of the packing and/or the product must immediately be claimed by the client, by fillilng out a DAMAGE PROTOCOL in writing (the reason for the Damage Protocol must be specified, e.g. "broken packing", "crumpled package" etc. ) on the delivery document of the shipper. Once this document has been signed and handed to the shipper, the client can no longer claim the external condition of the delivered goods.
- whether the number of packages delivered corresponds to what is stated in the delivery document sent in advance by e-mail to the client;
- if the packing is integral, not damaged or wet or otherwise faulty, and this also refers to the packing material (adhesive tape, metal staples);
Any problems concerning the physical condition, composition or completeness of the delivered goods must be notified within 3 days from the delivery, in the manner indicated in this document.
- If the Client fails to take over within 5 working days the goods deposited in the store of the shipper in case it was repeatedly impossible to deliver the goods at the address mentioned by the Client in the order, the goods will be returned to the store of the company TIS.
Repudiation of Contract
- In accordance with the Law 5 DL 185/1999, if the Client is also the consumer (i.e. a natural person which has purchased the goods for purposes other than its business activity, or did not make a reference to VAT in its order to www.jacuzzi-servis.cz), he shall have the right to repudiate the contract for any reason, without having to give any explanation and without any penalty, except for the circumstances mentioned in paragraphs 18 and 20.
- It is inadmissible to return other goods instead of those purchased.
- To avail himself of this right, the Client must send to the company TIS a notification in this respect, within 10 working days from the date of receipt of the goods. This notification must be sent by registered letter, with receipt, addressed to:
TECHNOLOGY ITALIAN SERVICES s.r.o.
130 00 Praha 3
or by telegram or fax sent within the same 10 days and followed by a registered letter sent without delay within the next 48 hours. As soon as the company receives this notice of refusal of the goods, it will immediately send instruction to the Client how to return the goods, and inform him of the identification code RMA necessary for returning the goods which must arrive to TIS within 10 days from the authorization.
The goods must be returned whole and complete, with all its parts, in the original packing (envelope or box), dispatched with due care and without traces of use and unsoiled, according the conditions given in the paragraphs 18 and 20 here below.
- The repudiation of contract is however subject to the following conditions:
The right to repudiate the contract:
- this right can only be applied to the whole purchased product; it is not possible to return only a part of the purchased product (e.g. accessories, accompanying software, etc....);
- this right cannot be applied to audiovisual products or sealed software (including that accompanying hardware material) once they have been opened;
- the purchased product must be returned whole and in the original packing, complete with all its parts (including the packing, any documentation and accessories: manuals, cables etc....) to save the original packing as much as possible, we recommend to put it in another box on which is to be placed the sticker received from the company TIS, which will contain the RMA number (authorization code for returning); the stickers or adhesive tape should never be used direct on the original packing of the product;
- according to valid law, the cost of returning the product is borne by the Client; no costs of transport from the Client or any ancillary costs will be refunded;
- the transport, until the acknowledgement of receipt in the company store, is a responsibility of the Client;
- in case of damage to the goods during return transport, the company TIS will inform the Client of such an event (within 5 working days from the receipt of the consignment at the store) so that the Client can claim damages from the shipper (/if an insurance contract was concluded); in such a case the goods will be put at the Client's disposal and at the same time, the requirement to repudiate the contract will be cancelled;
- The company TIS will under no circumstances be responsible for damage or loss of the goods, if during the return process no insurance is concluded;
- Once the goods are returned to the store, they will be examined to eliminate any damage or unauthorized intervention which was not caused during the transport.
- In case the packing and/or the original wrapping are destroyed, the company TIS will withhold part of the price as compensation; this will amount to some percentage however not exceeding 10% of the price, to be used as a contribution to the renewal.
- With the exception of a compensation, if any, for removing the abovementioned damage to the original packing of the goods, the company TIS will proceed to transfer the money to the bank account of Client, within 14 days from the receipt of the goods. The Client is to provide his bank connection and account number.
- The right to repudiate the contract shall become void in case the basic conditions of completeness of the product (packing and/or its content) are not fulfilled, in case that TIS finds :
In case the right to repudiate the contract becomes void, the goods remain with the company TIS at the disposal of the Client who can take it over at his cost.
- incorrect use of the product which damages its integrity, or the use of articles of consumption;
- missing external packing and/or original internal packing;
- missing parts of the product (accessories, cables, manuals, parts ...);
- damage to the product from other causes than transport.
Guarantee for Products
- All products delivered by the company TIS are covered by the manufacturer's regular guarantee period of 24 months for production defects in the sense of Dlgs 206/05.
To avail himself of service during the guarantee period, the Client should keep the invoice which he has received in electronic form by e-mail.
To request a service intervention during the guarantee period, the Client can contact the company TIS. through the web or the green line.
- The current guarantee is provided by the manufacturer in accordance with the modalities described in the documentation sent inside the packing of the product. If after the intervention of guarantee service by TIS it is found that the problem is not covered by the regular guarantee of the manufacturer, the Client will be debited for the cost, incurred by the company TIS, of the service intervention and of transport, as the case may be,
- The guarantee of 24 months in the sense of the Law Dlgs 206/05 applies to a product which has a production defect, even though it is used correctly, according to its purpose and the accompanying technical documentation. This guarantee is only valid for a private Client (a natural person who has purchased the product for his private use not connected with his business activity, or who has not made a reference to VAT in the order www.jacuzzi-servis.cz). In case of a production defect, TIS will, without any cost for the Client, put the product into operation by repairing/ substituting it or a price reduction, until the termination of the contract. If after the intervention of the authorized techncian it is found that it is not a production defect in the sense of Dlgs 206/05, the Client will be debited with the cost of repair or verification carried out by the authorized technician, and the transport costs incurred by the company TIS.
- The exchange in case of DOA (Dead On Arrival: the product does not work from its arrival) will only be possible with the express approval of the manufacturer. Delivery dates for the substitution or repair, as the case may be, depend fully on the manufacturer.
- In case that for any reason whatsoever it is not possible to put the product under guarantee into operation (repaired or exchanged), the company TIS can proceed according to its best judgement, either by returning the paid amount while taking into account the wear of the product, or substitute it with another product of equal, or higher, characteristis.
- The period for repair or, as the case may be, exchange of the goods depends exclusively on the manufacturer and the company TIS shall not be liable for indemnization in case of delay in the repair or exchange.
- In case that the guarantee fulfillment represents the exchange of a product, then the goods must be returned by th e Client in the original packing, complete, and with all parts (including packing, any documentation and accessories, manuals, cables etc.,.); in order to prevent damage to the original packing, we recommend using another, larger external box; it is not admissible to apply stickers or adhesive tape direct on the original packing of the product. The Client will be given the number of authorization for the return of the product, which must be marked on the outside of the packing according to the information sent by e-mail together with the authorization.
- Claims, if any, must be sent direct to the company TECHNOLOGY ITALIAN SERVICES s.r.o. Jeseniova 56, 130 00 Praha 3 Žižkov
- The contract between the Client and the company TIS. concluded in the Czech or the Slovak Republic, shall be governed by the law of the respective country.
For resolving civil or penal litigations resulting from the conclusion of the present contract of distance sale, in case that the Client is the consumer, the competent court is that of the Client's residence; in all other cases the competent court is in Prague.