Complaints Procedure

1. Definition of Terms

The goods offered by FENIX are usually categorised into groups designated by the following collective trade names:

• ECOFLOOR – heating cables and heating mats for underfloor heating, frost protection for outdoor areas, roof gutters and downpipes, frost protection for pipework, etc.
• ECOFILM – heating films for underfloor heating, ceiling heating, and for using Mirror demister Pads to protect mirrors against condensation
• ECOSUN – Radiant heating panels
• MR/GR panels – radiant marble and glass panels for vertical installation
• ECOFLEX – direct-heating convectors operating on the principle of convection
• ATLANTIC – electric storage water heaters
• ULTRATHERM – heating elements – foils, panels, ceramic bulbs, elements for regulation – for small animal keepers
• SUPPLEMENTARY PRODUCTS – products not classified under any of the above categories – Ladder radiators, Hand dryers, towel dryers, halogen heaters, etc.
• BESS – advanced battery energy storage systems

2. Documentation relating to the purchase

FENIX is obliged to provide the purchaser with the following documents together with the purchased goods:

• Proof of purchase 2⁾ – all products
• Separate warranty certificate – ECOFLOOR, ECOFILM
• Installation instructions ³⁾
• Instructions for use ⁴⁾ – all products
• Service report ⁵⁾ – for both warranty and post-warranty repairs of products

The consumer is obliged to request the aforementioned documents from the seller.

3. Quality of the purchased goods

FENIX is obliged to supply the goods in the prescribed or approved quality, where this is bindingly specified or where it follows from specific regulations, or in the quality stated by FENIX. If the quality is as not prescribed, approved or specified, FENIX is obliged to supply the subject of the purchase in the usual quality. If the subject of the sale is to be supplied in accordance with a sample or model, FENIX is obliged to supply it with properties comparable to those of the sample or model submitted by the buyer.

4. Defects in the subject matter of the sale

FENIX is liable to ensure that the subject of the purchase possesses, and will continue to possess throughout the warranty period, the agreed characteristics and those specified in all documentation which was or should have been used in the manufacture of the subject of the purchase, and that the subject of the purchase possesses the usual characteristics during this period. The seller is liable for any defects in the goods at the time of their acceptance by the buyer.

The buyer is obliged to inspect the goods no later than upon acceptance⁶⁾. Where the purchased goods are delivered by a public transport service (see General Terms and Conditions), the buyer is entitled to refuse to accept a consignment that does not correspond to the consignment note (incomplete consignment) or is visibly damaged. If the buyer accepts an incomplete or damaged consignment from the carrier, they are obliged to make a note in the handover report (consignment note) and to file a damage report with the carrier. In the case of damage or incompleteness that is not immediately apparent and is only discovered after the consignment has been handed over by the carrier and unpacked, the buyer is obliged to contact the carrier without delay and draw up a supplementary damage report. The buyer is obliged to allow the transport service to verify the extent of the damage at the recipient’s premises and, where necessary, to cooperate in drawing up a supplementary damage report. When drawing up the (additional) damage report, the buyer shall agree with the carrier on whether and to what extent the consignment may be handled. At the same time, the buyer shall inform the seller of this fact – see the following paragraph.

If the buyer discovers defects in the purchased item upon collection, they are obliged to notify the seller of these defects immediately and in a verifiable manner. If the buyer fails to inspect the goods, they may only assert claims arising from defects in the goods which they would have discovered had they inspected them, provided they can prove that these defects were already present at the time of the transfer of the risk of damage to the goods.
A verifiable method of notifying the seller of a defect in the purchased item is deemed to be a registered letter sent to the seller’s address, or the drawing up of a damage report at the seller’s registered office or at any of its business premises. The seller is obliged to ensure the presence, during working hours, of a person authorised to handle complaints regarding defects.
In the record, letter or report, the buyer is obliged to describe precisely how the defect in the purchased item manifests itself. Unless the defect is reported directly during a face-to-face meeting between the seller and the buyer and a record of this is made, the time of delivery of the registered letter notifying the seller of the defect to the seller’s registered office shall be deemed to be the time of notification of the defect.

5. Warranty period

A statutory warranty period of 24 months is provided for purchased goods. A warranty period of 6 months is provided for servicing and repairs carried out on purchased goods after the expiry of their warranty period.

6. Commercial Warranty

• ECOFLOOR Heating Cables – 10-Year Commercial Warranty
  Manufacturer: FENIX s.r.o., Jaroslava Ježka 1338/18a, 790 01 Jeseník
  Commercial warranty conditions: The warranty is provided for ECOFLOOR CM, LD, LDTS, LSDTS, MST, MDT and ADPSV heating mats and ECOFLOOR ADSV, ADSV+, PSV, ASL1P, ADPSV, MAPSV and MADPSP heating circuits installed with a power output of up to 200 W/m² for indoor applications and up to 400 W/m² for outdoor applications, which form part of the recommended system solution for underfloor heating in buildings or outdoor installation beneath paved surfaces and have been properly installed in accordance with FENIX installation instructions. For the warranty to apply, the measurements specified in the warranty certificate, as well as the completion and confirmation of the warranty certificate, must be carried out by a suitably qualified person⁷⁾. A copy of the document (certificate) proving the professional qualifications of the qualified person as of the date of installation must be retained and submitted when making a warranty claim, together with the documents specified in Chapter 9. Documents to Be Submitted When Making a Claim. The drawing showing the layout of the heating elements required in the warranty certificate may be replaced by photographic documentation taken during and after installation, but before the heating elements are covered by additional building structures or floor coverings. For the repair of the surface at the location of the defect, FENIX must be provided with 1m² of the covering material by the consumer.
• ECOFILM Heating Films – 10-Year Commercial Warranty
  Manufacturer: FENIX Trading s.r.o., Slezská 535/2, 790 01 Jeseník
  Commercial warranty conditions: The warranty is provided for ECOFILM F and C heating films with a power output of up to 200 W/m², which form part of the recommended system solution for underfloor or ceiling heating in buildings and have been properly installed in accordance with FENIX installation instructions. For the warranty to apply, the measurements specified in the warranty certificate, as well as the completion and confirmation of the warranty certificate, must be carried out by a suitably qualified person⁷⁾. A copy of the document (certificate) proving the professional qualifications of the qualified person as of the date of installation must be retained and submitted when making a warranty claim, together with the documents specified in Chapter 9. Documents to Be Submitted When Making a Claim. The drawing showing the layout of the heating elements required in the warranty certificate may be replaced by photographic documentation taken during and after installation, but before the heating elements are covered by additional building structures or coverings. For the repair of the surface at the location of the defect, FENIX must be provided with 1m² of the covering material by the consumer.
• ECOSUN Low-Temperature Radiant Panels – 5-Year Commercial Warranty
  Manufacturer: FENIX s.r.o., Jaroslava Ježka 1338/18a, 790 01 Jeseník
  Commercial warranty conditions: The warranty is provided for ECOSUN U, ECOSUN U+, ECOSUN Basic, ECOSUN K+, ECOSUN GS and ECOSUN CR low-temperature panels without integrated controls, which are used for heating residential buildings and have been properly installed in accordance with FENIX installation instructions.
• TFT Room Thermostats – 5-Year Commercial Warranty
  Manufacturer: WATTS Electronics France, Z.A. des Tourettes, 43800 ROSIERES, France
  Commercial warranty conditions: The warranty is provided for TFT Wi-Fi RF room thermostats used to control electric heating systems and properly installed in accordance with FENIX installation instructions.
• BESS Battery Storage Systems – 10-Year Commercial Warranty
  Manufacturer: FENIX s.r.o., Jaroslava Ježka 1338/18a, 790 01 Jeseník
  Commercial warranty conditions: The warranty is provided for battery storage systems that have been installed and commissioned by a FENIX service partner. The batteries integrated into the supplied BESS system are covered by a warranty of 10 years or 3,200 charging cycles, whichever occurs first.

7. FENIX Lifetime Warranty

• The installation has been registered with FENIX via the registration form available at http://warranty.fenixgroup.cz
• Registration is completed no later than 6 months after the purchase of the underfloor heating system
• The linear power output of the heating circuit does not exceed 18 W/m and the system's power output does not exceed 200 W/m²

8. Commencement of the warranty period

• ECOFLOOR, ECOFILM, BESS – on the date of installation, as confirmed on the product warranty certificate⁸⁾, but no later than 6 months from the date of purchase.
• Other products – on the date the goods are recieved by the consumer

9. Documents to be submitted when making a claim

• ECOFLOOR: Proof of purchase, completed and registered warranty certificate
• ECOFILM: Proof of purchase, a completed and registered warranty certificate
• Other products: Proof of purchase
• Maintenance services: Proof of purchase, service report

10. Making a claim within the warranty period

Upon lodging a complaint, FENIX will issue the consumer with written confirmation, stating the date on which the consumer lodged the complaint, the nature of the complaint, the method of resolution requested by the consumer, and the consumer’s contact details for the purpose of providing information regarding the resolution of the complaint. If the consumer provides the seller with their email address, email will be used as the preferred method of communication for confirmation of receipt of the complaint and for any further correspondence (e.g. notification of the outcome of the complaint).

11. Complaints Procedure

With the exception of the BESS range, ECOFLOOR and ECOFILM products that have been incorporated into a building structure, the consumer shall arrange for the professional removal and delivery of the defective item to the registered office of FENIX or any of its branches, in view of which FENIX is obliged to ensure the presence, during working hours, of a person authorised to handle complaints regarding defects.

FENIX will verify compliance with all warranty conditions, inspect and confirm that the reported issues with the products covered by the warranty do in fact exist, that they arose during normal and ordinary use, and that they were not caused by an accident, incorrect use, neglect, alteration or incorrect installation, operation, maintenance, repair or testing by an unqualified electrician, or as a result of any other cause beyond FENIX’s control.The consumer is obliged to allow a person authorised by FENIX access to the installations site and to carry out the necessary tests to identify the fault and analyse its cause.

In the case of a valid complaint, the following must be resolved within 30 days:

If the defect is repairable, the consumer is entitled to have it remedied free of charge, professionally, in a timely manner. If the item has not yet been used, the consumer may, instead of having the defect rectified, request a replacement of the item, or, if the defect concerns only a part of the item, a replacement of that part. FENIX may always, instead of rectifying the defect, replace the defective item with a fault-free one.

For ECOFLOOR and ECOFILM products, for which a Commercial Warranty is provided in accordance with point 6, FENIX shall, at its own discretion, carry out a repair or replacement of the product free of charge. FENIX reserves the right to determine the appropriate method and technical solution aimed at rectifying the technical fault in the heating system. Once the fault has been rectified, the floor/ceiling structure will be restored to its original condition at FENIX’s expense. If this is not possible, it will be restored to an equivalent condition corresponding to the original standard of workmanship.

In the case of an irreparable defect which prevents the item from being used properly as an item free from defects, the consumer is entitled to a replacement or to withdraw from the contract. The consumer is entitled to the same rights in the case of removable defects, provided that the consumer is unable to use the item properly due to the defect recurring after repair or due to a significant number of defects. The consumer must notify the seller of their intention to withdraw from the contract.

In the case of any other defect that cannot be remedied but does not prevent the the product being used, the consumer is entitled to a reasonable reduction in the price of the item. The consumer shall claim this price reduction from the seller.

The date on which the complaint is resolved is deemed to be the date on which the defect is rectified (by repair or replacement), the consumer is granted a discount on the purchase price of the product by mutual agreement, or the purchase contract is rescinded and the purchase price is refunded. Once the complaint has been resolved, FENIX will issue the consumer with a Notice of Complaint Resolution, containing confirmation of the date and method of resolution, including confirmation that the repair has been carried out and the time taken for it to be repaired, or, where applicable, a written explanation of the reasons for rejecting the complaint.

FENIX will send the Notice of Complaint Resolution to the consumer using the contact details provided by the consumer, preferably by email with a guaranteed electronic signature. The consumer is obliged, at FENIX’s request, to sign the ‘Notice of Complaint Resolution’ if this is included in the agreement between FENIX and the consumer. If the consumer has any objections to the resolution of the complaint, they are obliged to set out all their objections in the “Notice of Complaint Resolution”, sign beneath them, and deliver this notice to FENIX.

Once the 30-day period for resolving the complaint has expired without resolution, the consumer has the right to withdraw from the contract or to request a reasonable discount.

If the product is replaced, the warranty period for the product shall recommence from the date the consumer takes delivery of the new item. If a component covered by the warranty is replaced, the warranty period for that component shall recommence from the date the consumer takes delivery of the component or the goods containing the new component. In the event of a claim being made, the purchased item must not be tampered with in any way during the claims procedure without the consent of FENIX.

12. Loss of warranty

Should FENIX reject a complaint or deem it to be unjustified during the complaint procedure, it is obliged to state the reasons leading to the rejection or non-acceptance of the complaint.
The grounds for rejecting or not recognising a claim include, in particular:

• Failure to submit the documents specified in section 8: Documents to be submitted when making a complaint
• For the Commercial warranty, failure to meet the conditions set out in section 6. Commercial Warranty
• Installation or use of the purchased item contrary to the supplied Installation and Operating Instructions
• Use of incorrect or unsuitable materials directly related to the purchased item
• Obvious wilful damage
• Consequences of a natural disaster or other damaging event (lightning, fire, water damage, fluctuations in mains voltage, etc.)
• Unprofessional installations, unauthorised modification or alteration of the product’s parameters, or repairs carried out by a person not authorised to perform such work on the purchased item

Under no circumstances shall FENIX be liable to any third party in respect of loss of profit, loss of business opportunities, damage to reputation or increased costs, nor in respect of any indirect, special, punitive or consequential damages, regardless of how they arose.

13. Out-of-court settlement of consumer disputes

The consumer has the right to refer consumer disputes for out-of-court resolution to the state administrative body established by the Ministry of Industry and Trade of the Czech Republic, the Czech Trade Inspection Authority (ČOI): Czech Trade Inspection Authority, Štěpánská 796/44, 110 00 Prague 1, https://www.coi.cz/

Notes on the text:

¹⁾ The provider of the guarantee is FENIX Trading, spol. s r.o., Slezská 2, 790 01 Jeseník
²⁾ The receipt must state the date of purchase and clearly identify the product type. For invoices, the date of purchase is understood to be the date of issue of the invoice (DÚZP)
³⁾ The installation instructions may take the form of simplified illustrated instructions
⁴⁾ The installation instructions and user manual may be combined into a single document
⁵⁾ The service report (repair report) must contain a clear identification of the product, a description of the fault, the method used to rectify it, and a list of parts that were replaced with new ones as part of the repair
⁶⁾ The date of acceptance is the date of purchase; for consignments sent via a public transport service, it is the date of collection from the public transport service
⁷⁾ The holder of a ‘Certificate of Professional Competence in Electrical Engineering’ in accordance with Decree No. 50/1978 Coll. of the Czech Office for Safety and the Czech Mining Authority
⁸⁾ If the warranty certificate is not available or does not specify the date of installation, the warranty period shall commence on the date of acceptance by the purchaser