TCL CARE Promotion General Terms and Conditions
These terms apply to electronic devices distributed by TCL Netherlands B.V. and sold as part of the TCL CARE promotion.
The promotional period is from July 1, 2025, to December 31, 2025. The registration period for activating TCL CARE service is from July 1, 2025, to January 31, 2026.
To obtain TCL CARE, customers must register online at https://tcl-promotion.com/hr/ no later than 30 days after purchase. The TCL CARE service is provided by an external service provider (Partum Usluge d.o.o.). Extended and CASCO warranties are valid only for products distributed through the official TCL distribution network, which includes Agram Servis Distribucija, Pevex, and Elipso (Eplus).
Definitions of Terms
In these General Terms and Conditions, the following terms have the following meanings:
- Partum Usluge d.o.o., hereinafter referred to as "Partum" – the provider of the extended TCL CARE warranty.
- "User" – a person who purchased an electronic device sold within the "Extended Warranty" Promotion.
- "TCL CARE" – the extended warranty provided to users upon purchasing TCL electronic equipment sold under the "Extended Warranty" promotion.
Article 1. Subject of TCL CARE
Every electronic device (hereinafter: device or electronic device) described in detail on the receipt, and accessories in the original packaging purchased with the mentioned device, may be subject to TCL CARE. TCL CARE T&C are in accordance with the laws of the countries to which the contract applies.
Objects not covered by TCL CARE:
- Portable external hard drives.
- Auxiliary and consumable materials defined by the manufacturer as consumables or spare parts; all types of tools.
- Other parts that, based on experience, must be replaced during the lifespan of the electronic device, including in all cases rubber parts, bearings, shaft radial seals, heaters; separately purchased accessories; all types of software.
- Devices delivered with a defect, as well as serial manufacturer errors.
- Additionally purchased accessories or equipment.
Article 2. Scope of TCL CARE
1. Duration of TCL CARE - Events covered by TCL CARE
TCL will perform repairs or replacements and guarantee the proper functioning of the electronic device purchased by the User and covered by TCL CARE only for unpredictable and sudden failures or malfunctions of the covered item. Unpredictable damages are those that the User could not have reasonably foreseen or should have foreseen with due diligence, excluding gross negligence, for which TCL reserves the right to refuse payment of damages for the occurred event.
TCL will perform repairs or replacements and guarantee the proper functioning of the electronic device purchased by the User and covered by TCL CARE if such a device suffers damage caused by one or more of the following cases:
- Failures after the manufacturer's warranty expires (extended warranty).
2. Cases outside the scope of TCL CARE
TCL CARE does not cover damages caused by:
- Intentional actions of the user.
- War, war events, civil war, revolution, rebellion, uprising, or unrest.
- Nuclear energy, nuclear radiation, or radioactive materials; earthquakes.
- Terrorism or terrorist acts; a terrorist act is any act by persons or groups of persons to achieve political, religious, or ideological goals, of such a nature as to cause the spread of fear or terror to the public or parts of the public, thereby influencing governments or state institutions; use of the article with a defect, which the User should have been aware of.
- To the extent that the User had to use a third-party supplier (manufacturer or retailer) in the case of statutory warranty, if the User cannot provide a receipt for the repair of the device or if the repair was carried out without prior approval.
3. Assumptions for the validity of TCL CARE - limitations:
- Regarding negligence, only slight negligence is covered. In case of gross negligence, an expert will assess and verify the cause of damage and the device. Any damage resulting from improper use, intentional damage, intent, improper handling, improper or unforeseeable disposal will be considered a breach of the duty of care undertaken by the User upon purchasing the device, and such damage will not be covered.
- Damage or costs caused by material or design defects within the manufacturer's warranty period will not be covered.
- Warranties and/or compensation for damages based on warranties, compensation for damages from other insurers, warranties, or contractual obligations of third parties are excluded, or precede in case of damage. Any differences compared to other warranties (e.g., current value versus the value of a new device) are covered by the full coverage for electronic devices.
- Damage to all types of software (including operating systems, operating software, control programs, utility programs, etc.) will not be covered. The User is personally responsible for programs, control programs, data, and their functionality. Loss of data and software due to the aforementioned causes of damage cannot be the subject of a claim for damages. Furthermore, repair costs will not be reimbursed in case of problems related to software, operating systems, viruses, compatibility, data recovery, system restoration, data re-collection, etc.
- Costs incurred due to any damage that is not hardware damage will not be covered. This also applies to all costs (processing and analysis fees, etc.) for damage analysis without identified hardware defects.
- Damage caused by using the device covered by TCL CARE for purposes contrary to the user instructions and the intended use specified by the manufacturer, as well as damage that does not affect the way the device is used as prescribed by the manufacturer (damage such as scratches, scuffs, etc.) will not be covered.
- No compensation is paid for liability, consequential material damage, and property damage. Consequential damage from damage events is not covered in any case. For damage assessment, only primary damage to the device, i.e., the primary cause of damage covered by TCL CARE, is considered.
- Reduction in value due to wear and tear, damage due to prolonged chemical or thermal exposure to the device, damage caused by rust, as well as any costs of servicing, adjustment, and cleaning are not subject to damage compensation, nor is the gradual reduction in device performance.
- Damages caused by third parties attempting to repair the device or interventions by third parties, or unauthorized persons, will not be covered by TCL CARE. Damage caused by pets, domestic or wild animals is also excluded.
- Damage caused by the use of faulty or unsuitable external accessories (e.g., fasteners, underground casings, etc.) will not be covered.
- Loss of the device in the sense that it is lost, forgotten, left unattended, or otherwise missing, will not be covered by TCL CARE. Subsequent finding will not be considered and will not imply coverage for any damage in any case.
- Damages reported but not provable because the device was not delivered will not be covered. This excludes damages caused by the complete destruction of the device due to force majeure.
- All types of damage caused by limescale are considered improper use of the device, i.e., wear and tear, and are not covered.
- Damages incurred due to or during sports activities, or due to sweat or condensation, will not be covered.
- Damages that cannot be attributed to an independent incident will be considered progressive damage (caused by environment and/or use) and will not be covered, excluding material and design imperfections after the expiration of the manufacturer's warranty.
Article 3. Place of Validity of TCL CARE
1. Stationary devices
According to the design of stationary devices, the User's location will be considered the location covered by TCL CARE in Europe in a geographical sense.
2. Mobile devices
According to the design of mobile devices and devices that can be placed outdoors, Europe is considered the local area covered by TCL CARE in a geographical sense.
Article 4. Value of the electronic device covered by TCL CARE
The value of the electronic device covered by TCL CARE is the price of a new device or a device of equal technical value on the date of the damage ("Care Value"). The value of the electronic device covered by TCL CARE always refers to the purchase price of the device, excluding value-added tax and excluding subsidies or special discounts (e.g., manufacturer or supplier support, retailer discounts, and/or sales).
Article 5. Costs outside the scope of TCL CARE
TCL will undertake all necessary repair or replacement activities for electronic devices covered by TCL CARE. The User is not reimbursed for the costs of activities undertaken independently by the User.
Article 6. Scope of Damage Compensation
1. Return costs
In case of damage, we distinguish between partial damage and total loss. Partial damage means repair costs lower than the device's maintenance value. If the repair costs are higher, it is considered a total loss, in which case TCL will replace the electronic device covered by TCL CARE.
2. Partial damage
In this case, TCL bears the repair costs, including labor hours and spare parts. TCL will not bear the following costs:
- Repair costs or other measures that would be necessary regardless of the case covered by TCL CARE.
- Additional costs incurred due to modifications or improvements that exceed the scope of restoration.
- Costs of independently organized repairs.
- Lost profits due to independently organized work.
- Additional costs caused by temporary or premature repair.
- Costs of work required for repair, but not personally performed on the electronic device covered by TCL CARE.
- Compensation for damages based on liability, consequential material damage, and property damage.
3. Total loss
- In case of total loss or uneconomical repair, the User will receive a new device to replace the old, defective device. The technical characteristics of the new device must be at least equal to or better than the old device. Cost inefficiency means that repair costs exceed the Care Value. If identical devices are available, the right to technically superior devices cannot be claimed even if the purchase value is lower than the original Care Value. A new device can only be requested for uneconomical repairs. Request based on repair duration is excluded.
- If total loss is covered, after the device is replaced, the device subject to replacement, including all original accessories (chargers, power adapters, memory cards, cables, hard drives, manuals, boxes, mice, etc.), will become the property of TCL, and the corresponding TCL CARE for that product will be considered terminated. The User will receive the replacement device only after submitting all original accessories to TCL. This also applies in case of defective original and insured accessories (e.g., power adapters).
- If the user does not submit the original parts and accessories covered by TCL CARE that were part of the old device at the time of purchase, they will be charged at market prices and deducted from the determined repair or replacement cost of the device covered by TCL CARE.
4. Limitation of replacement or repair for devices under TCL CARE
The limitation of replacement or repair for a device under TCL CARE is the Care Value.
5. Cash settlement
Damage cannot be settled in cash, even in case of total loss.
Article 7. Replacement of electronic devices covered by TCL CARE
Based on the corresponding replacement device, all accessories of the old device that were integrated at the time of purchase will be considered replaced, regardless of whether the accessories are also included in the replacement device or not due to the current configuration of the replacement device. Accessories subsequently integrated into the old device that were not covered by the warranty at the time of purchase together with the device will not be eligible for replacement.
Article 8. Commencement and maturity of TCL CARE
TCL CARE begins upon payment of the purchase price when buying a device sold in the promotion.
Article 9. Duration of TCL CARE
TCL CARE for electronic devices begins after the expiration of the 24-month factory warranty and ends in any case 60 months after the invoice date for the device (TCL CARE lasts 36 months). Claims reported after the expiration of the TCL CARE validity period will not be accepted.
Termination in case of total loss
In case the device is replaced or the replacement of the device covered by TCL CARE is rejected after total loss (uneconomical repair), the corresponding promotional warranty according to TCL CARE will be considered void. In such cases, the User is not entitled to compensation, in whole or in part.
Article 10. Procedure for exercising User's rights under TCL CARE
1. Statement for exercising rights under TCL CARE
The User is obliged to report an event from Article 2.1 of these General Terms and Conditions without delay (in regular cases, no later than three working days).
2. Statement form for exercising rights under TCL CARE
The statement form for exercising rights under TCL CARE is filled out for each individual damage that occurred. The User is obliged to state the cause of the damage and enter it into the statement form. The following details must be accurately and completely provided:
- Who caused the damage - indication of the person (including all indications if a child or pet caused the damage).
- When and where the damage occurred - indication of the date, time, place, and country.
- How or by what means the damage occurred - indication of the cause.
- What is damaged - indication of the device name and type of damage.
The Statement form for exercising rights under TCL CARE is attached in Appendix 1, which is an integral part of these Terms.
TCL reserves the right to request additional documentation from the User to fulfill the obligation from TCL CARE in the most qualitative and efficient manner. In such a case, the documentation submitted with the statement for exercising rights under TCL CARE constitutes complete and proper documentation for initiating the procedure for exercising User's rights under TCL CARE.
Verbal notifications or information given by any person cannot be taken into account. Incorrect, inaccurate, or knowingly false information provided on the statement for exercising rights under TCL CARE, as well as the failure to provide the requested documentation by TCL, may result in the rejection of the claim for TCL CARE rights, a request for reimbursement of paid repair costs or device replacement by TCL, up to the consequences provided by the criminal code.
3. Activation of TCL CARE - compensation for incurred damage
TCL will perform an assessment and remediation of the incurred damage as soon as possible after receiving complete and proper documentation from the User. If TCL receives a properly completed statement for the realization of TCL CARE rights along with all necessary supporting documentation, TCL will issue a temporary confirmation for compensation of the incurred damage. Repairs may take longer than 45 days. Requesting a new device based on the repair duration is excluded.
If, during this phase, it is determined that the occurred event or damage is not covered by Article 2.1 of these Terms (e.g., if the occurred event is covered by the statutory warranty of the manufacturer/seller of the electronic device), TCL will inform the User that their request has been rejected and direct them to pursue their rights in another way.
TCL will provide the confirmation of compensation for the incurred damage to the User via email, fax, or mail. TCL will pay the repair costs directly to the service center or provide a new device in case of total loss.
4. Confirmation from state authorities
For all damages whose existence is related to the procedure of determination by state authorities (fire, natural disasters, burglary and theft, etc.), the User is obliged to attach the statement for exercising rights under TCL CARE with the appropriate confirmation/documentation provided by state authorities. Replacement of the device during the warranty period.
If the device covered by TCL CARE is replaced during the factory warranty period, not by TCL (e.g., by using the manufacturer's statutory warranty), the corresponding proofs (delivery note, replacement confirmation, etc.) will also be submitted after submitting the statement for exercising rights under TCL CARE.
Article 11. User obligations
1. Obligations before any event covered by TCL CARE
- Before the occurrence of any event covered by TCL CARE, the User is obliged to comply with the obligations undertaken by the contract.
- If the User breaches any of the obligations listed herein, TCL has the right to unilaterally terminate TCL CARE. Termination of TCL CARE takes effect upon its receipt.
2. Obligations after an event covered by TCL CARE - TCL's information obligations to the user
When an event covered by TCL CARE occurs, the User will:
- aa) take care to prevent or reduce the damage, as much as possible.
- ab) report the event in writing and without delay upon becoming aware of it.
- ac) report damage caused by criminal acts against property to the police without delay.
- ad) submit a list of lost items to TCL and the police without delay.
- ae) submit to TCL, without delay, to the extent possible, all information - in writing, if requested - necessary for determining the event/damage covered by TCL CARE or the scope of TCL's obligations regarding damage compensation, as well as to enable any verification of the cause and amount of damage and the scope of the damage compensation obligation, including by repairing or replacing the device covered by TCL CARE; af) submit confirmations that TCL may reasonably request to be collected.
- b) Other obligations: ba) The User is responsible for the device purchased and covered by TCL CARE. This includes careful and cautious handling of the device, as well as its safe and protected disposal, including during transport or carrying. For example, damage can be easily foreseen if a device covered by TCL CARE is used in a humid atmosphere or in the rain. Such use of the device is also contrary to the manufacturer's instructions. Furthermore, careless handling of the device can lead to damage from liquids, falls, or breakage (e.g., washing in a washing machine or carrying the device in a trouser pocket). Such damage, among other things, will not be covered by the full TCL CARE. bb) Mobile devices, depending on their design (mobile devices such as laptops, cameras, mobile phones, MP3 players, etc.), must be properly protected and stored during transport/carrying and must be under constant supervision. bc) A device intended for business purposes will be considered covered by TCL CARE only if, based on the manufacturer's data, it is suitable for such use. bd) The User is obliged to report damage to TCL immediately upon becoming aware of it. be) TCL CARE covers electronic devices with respect to their relevant condition after delivery, i.e., configuration after delivery without subsequent modifications, or accessories in their original packaging. In this sense, the device, modular set of devices, or original accessories covered by TCL CARE are included only if they are in their packaging.
3. Release from the obligation to repair or replace the device covered by TCL CARE in case of breach of obligations
Except in cases of malicious breach of obligations, TCL is obliged to repair or replace the device covered by TCL CARE to the extent that the breach is not the cause of the occurrence or determination of the event covered by TCL CARE.
Article 12. No obligation to repair or replace the device covered by TCL CARE for special reasons
TCL is not obliged to repair or replace the device covered by TCL CARE if the User deceives or attempts to deceive TCL regarding facts crucial for determining the basis or amount of damage compensation. If deception or attempted deception is established by a final criminal court decision against the User for deception or attempted deception, the assumptions from the preceding paragraph are considered proven.
Article 13. Transfer or sale of devices covered by TCL CARE
Since TCL CARE covering electronic devices refers to the device's serial number, during the TCL CARE period, the device can be transferred/sold, and TCL CARE will continue to apply as long as the new owner (User) accepts the rights and obligations towards TCL CARE.
Article 14. Notifications - statement of intent form
To the extent that the Law does not provide for a written form, and to the extent that this contract does not provide otherwise, statements and notifications intended for TCL, relating to the contractual relationship and delivered directly to TCL, will be issued in textual form.
Article 15. TCL CARE
TCL CARE consists of a properly completed TCL CARE form, these General Terms and Conditions, and the invoice for the purchased device covered by TCL CARE.
Article 16. TCL CARE contact information
Phone number: 01 7777 491
Web page: https://tcl-promotion.com