General Terms and Conditions for the TCL TV KASKO Promotion

Definitions

Key terms used in these conditions include:

1. “PARTUM USLUGE d.o.o.”: Located at Horvaćanska cesta 47, Zagreb, referred to as “Partum,” the provider of TCL TV KASKO.
2. “User”: An individual who purchased an electronic device within the TCL TV KASKO promotion.
3. “TCL TV KASKO”: The contractual protection provided by Partum to users upon purchasing electronic devices.

Subject of TCL TV KASKO and Activation

Users are required to activate TCL TV KASKO within 30 days of purchasing the device via the website https://tcl-promotion.com/sl/. The user is only entitled to TCL TV KASKO rights if the promotion is activated.

The TCL TV KASKO promotion does not include:

• Removable external drives.
• Auxiliary and consumable goods classified by the manufacturer as consumables or wear parts, including external keyboards, mice, remote controls, chargers, batteries, toner cartridges, melting mechanisms, ink cartridges, graphite brushes, drums, bulbs, oil seals, rubber seals, gaskets, bellows, even if packaged with the promotional device.
• All types of tools.
• Other parts that, based on experience, require replacement during the lifespan of the electronic device, including rubber parts, seals, and heating elements.
• Privately purchased accessories.
• All types of software.
• Devices delivered with defects or manufacturing defects.
• Additional or subsequently purchased accessories or equipment not purchased together with the electronic device.

Scope of TCL TV KASKO - Partum's Contractual Obligations

Partum will repair or replace the electronic device covered by TCL TV KASKO to ensure its proper functioning only in cases of unforeseen and sudden damage or malfunctions. Unforeseen damage is defined as damage that the user could not have reasonably foreseen or prevented with ordinary care, excluding gross negligence. In cases of gross negligence, Partum reserves the right to withhold payment for repair or replacement.

Partum will repair or replace the device if the damage is caused by one or more of the following:

• Short circuits, overcurrent, or voltage surges.
• Burglary.
• Fire, lightning strike, explosion, collision, or aircraft crash, including its parts or cargo, as well as slow burning, smoldering, or glowing.
• User carelessness (drops, breakage, liquids), limited to one incident per coverage period, provided the device was used and stored safely and securely.
• Mechanical force from any object, regardless of fault.
• Implosion or other negative pressure effects.
• Water or moisture damage from elemental damage or building damage (e.g., burst pipes).
• Natural disasters such as floods, landslides, storms, frost, inundation, snow, or avalanches.
• Fire, lightning strike, all types of explosions, or damage during firefighting.
• Minor burns and fires, smoke, and soot from external sources.
• Direct lightning strike.
• Direct electrical energy effects due to grounding faults, short circuits, or overvoltage.
• Voltage surges or sags, electrical charges, or electromagnetic interference.

TCL TV KASKO covers only one damage incident per coverage period.

Exclusions from TCL TV KASKO Coverage

TCL TV KASKO does not cover damage resulting from:

• Intentional acts or gross negligence by the user.
• War, warlike events, civil war, revolution, rebellion, uprising, or riots.
• Nuclear energy, nuclear radiation, or radioactive substances.
• Earthquakes.
• Terrorism or acts of terrorism, defined as any act by a person or group to achieve political, religious, ethnic, or ideological goals that spread fear or terror among the population, influencing the government or state institutions.
• Use of a defective product in conjunction with the electronic device, which caused or exacerbated damage to the device itself.
• Repairs performed without prior Partum approval.

Regarding negligence, only minor negligence is covered. In cases of gross negligence, an expert will assess and verify the cause of damage and the device. Any damage caused by improper use, intentional damage, incorrect handling, improper or unforeseeable disposal will be considered a breach of the user's duty of care and will not be covered.

Damage or costs arising from material or manufacturing defects within the manufacturer's warranty period will not be covered. TCL TV KASKO applies only if the damage is not covered by another warranty/insurance, such as statutory warranty or compensation based on that warranty, or obligations to other insurers, warranties, or contractual obligations of third parties.

Damage to any software (including operating systems, firmware, drivers, utility programs, etc.) is not covered. The user is personally responsible for programs, drivers, data, and their functionality. Loss of data and software due to the aforementioned causes of damage cannot be claimed. Furthermore, repair costs will not be reimbursed for issues related to software, operating systems, viruses, compatibility, data recovery, or system restoration.

Costs arising from any damage, except for hardware damage, are not covered. This also applies to all costs associated with damage analysis (processing fees, verification, analysis, etc.) without identified hardware defects.

Damage caused by using the device for purposes contrary to the user manual and intended use, or damage that does not affect the device's usability as prescribed by the manufacturer (e.g., scratches, scuffs), is not covered.

Compensation for consequential damages, material damage, or property damage is not provided. Consequential damage resulting from unforeseen events is not covered. Only the primary damage to the device or the primary cause of damage covered by TCL TV KASKO is considered when assessing damage.

Depreciation of the device due to wear and tear, damage from prolonged chemical or thermal exposure, rust damage, or costs for servicing, adjustments, and cleaning are not considered damage, nor is the gradual decrease in device performance.

TCL TV KASKO does not cover damage caused by third parties attempting to repair the device without proper authorization, or damage caused by pets, domestic, or wild animals.

Damage caused by the use of incorrect or unsuitable external accessories not intended by the electronic device manufacturer for use with this device (e.g., fastening elements, underground housings, etc.) is not covered.

TCL TV KASKO does not cover loss of the device due to it being lost, forgotten, left unattended by the user, or otherwise missing. Subsequent discovery will not be considered, nor will it cover any potential damage that occurred while the electronic device was lost, forgotten, unattended, or missing.

Damage reported but not provable because the device was not delivered is not covered. This does not exclude damage that would have occurred due to complete destruction of the device by force majeure.

All types of damage caused by limescale are considered improper use of the device or excessive wear, which is also not covered.

Damage occurring during or as a result of sports activities, or due to sweat or condensation, is not covered.

Damage that cannot be attributed to an independent incident, or whose cause cannot be determined, will be considered progressive (due to environment and/or use) and will not be covered, except in cases of material or design defects after the manufacturer's warranty expires.

Territorial Validity of TCL TV KASKO

1. Stationary Devices

For stationary devices, the user's premises are considered the location covered by TCL TV KASKO in Slovenia.

2. Mobile Devices

For mobile and external devices, the local area of validity is considered to be Slovenia.

Value of the Electronic Device Covered by TCL TV KASKO

The value of the electronic device covered by TCL TV KASKO is the price of a new device or a device of equivalent technical value on the day of the damage (“TCL TV KASKO VALUE”). The value of the electronic device covered by TCL TV KASKO always refers to the purchase price of the device excluding VAT and without subsidies or special discounts (e.g., manufacturer or supplier subsidies, discounts, or retailer promotions).

Costs Not Covered by TCL TV KASKO

Partum will carry out all necessary repairs or replacements of electronic devices covered by TCL TV KASKO. Users will not be reimbursed for costs incurred independently.

Scope of Compensation

1. Costs of Restoring Original Condition

Damage is categorized as partial or total. Partial damage refers to repair costs lower than the “TCL TV KASKO VALUE” of the device. If repair costs exceed this value, it is considered total damage, and Partum will replace the electronic device.

2. Partial Damage

In this case, Partum covers repair costs, including labor and spare parts. Partum will not cover the following costs:

• Repair costs or other measures that would have been necessary regardless of the TCL TV KASKO coverage.
• Additional costs incurred due to modifications or improvements exceeding the scope of the repair.
• Costs of independent repairs, unless these costs also include parts used by third parties.
• Lost profits from independently organized work.
• Additional costs caused by temporary or premature repairs.
• Labor costs required for repairs not published on the electronic device covered by TCL TV KASKO.
• Material consequential damage and property damage, excluding damage to the electronic device itself.

3. Total Damage

In the event of total damage or a repair that is not economically viable, the user will receive a new device instead of the old, damaged one. The technical specifications of the new device must be at least equivalent to or better than the old device. Cost inefficiency means that repair costs exceed the “TCL TV KASKO VALUE.” If equivalent devices are available, the right to technically superior devices cannot be claimed, even if the purchase price was lower than the original “TCL TV KASKO VALUE.”

If total damage is covered and the device is replaced, the replaced device, including all original accessories (chargers, power adapters, memory cards, cables, discs, manuals, boxes, mice, etc.), becomes the property of Partum, and the TCL TV KASKO coverage for that item will be terminated. The user will receive the replacement device only after returning all original accessories to Partum. This also applies to defective original accessories (e.g., power adapters).

If the user fails to return original parts and accessories covered by TCL TV KASKO, which were part of the old device at the time of purchase, they will be charged at market prices and deducted from the assessed repair or replacement costs for the device covered by TCL TV KASKO.

4. Limitation of Replacement or Repair of the Device Covered by TCL TV KASKO

The limit for replacement or repair of a device covered by TCL TV KASKO is the “TCL TV KASKO VALUE.”

5. Buy-out

Damage cannot be compensated in cash, even in the case of total damage.

Replacement of the Device Covered by TCL TV KASKO

Regarding a suitable replacement device, all accessories of the old device that were integrated at the time of purchase are considered replaced, regardless of whether the accessories are also included in the replacement device or are unavailable due to the replacement device's current configuration. Accessories retrofitted to the old device, which were not covered by warranty at the time of purchase, are not eligible for replacement.

Validity and Expiration of TCL TV KASKO

TCL TV KASKO becomes effective upon payment of the device's purchase price. The promotion is valid only with authorized TCL partners. A list of partners can be found on the website https://tcl-promotion.com/sl/ under the TCL TV KASKO promotion terms.

TCL TV KASKO for electronic devices commences on the invoice date (purchase date) and expires 24 months after the invoice date of the device, depending on the purchased TCL TV KASKO product. Claims submitted after the expiration of TCL TV KASKO validity will not be accepted.

Cessation of Validity in Case of Total Damage

If the device is replaced or the replacement of the device covered by TCL TV KASKO due to total damage is refused (economically unjustified repair) by Partum, the associated contractual protection of TCL TV KASKO ceases to be valid.

Procedure for Exercising User Rights under the TCL TV KASKO Promotion

1. Statement for Exercising Rights under the TCL TV KASKO Promotion

The user is obligated to report events described in Article 2.1 of these general terms and conditions to Partum immediately (typically within three working days).

2. Statement Form for Exercising Rights under the TCL TV KASKO Promotion

A statement form must be completed for each reported damage. The user must state the cause of the damage and enter it into the form. The following details must be accurately and fully provided:

• Who caused the damage: Name of the person (including indication if a child or pet caused the damage).
• When and where the damage occurred: Date, time, place, and country.
• How or what caused the damage: Specify the cause.
• What was damaged: Device model and type of damage.

Partum reserves the right to request additional documentation from the user to fulfill its obligations under TCL TV KASKO at the highest quality and efficiency. The documentation provided with the statement for exercising rights under the TCL TV KASKO promotion constitutes complete and organized documentation for initiating the user's rights claim process with TCL TV KASKO.

Oral notifications or information provided by any person cannot be considered. Incorrect, inaccurate, or knowingly false information provided on the statement form for exercising rights under the TCL TV KASKO promotion, as well as the failure to submit required documentation to Partum, may result in the rejection of the claim for exercising rights under the TCL TV KASKO promotion, the claim for reimbursement of repair or replacement costs from Partum, and may also lead to consequences defined by criminal law.

3. Fulfillment of TCL TV KASKO – Repair of Resulting Damage

Partum will assess and rectify the damage as quickly as possible upon receipt of the complete and correct documentation from the user. If Partum receives a correctly completed statement form for exercising rights under the TCL TV KASKO promotion with all necessary supporting documentation, Partum will issue a temporary confirmation for the compensation of the incurred damage. If, at this stage, it is determined that the event or damage is not covered by Article 2.1 of these terms (e.g., if the event is covered by the manufacturer's/seller's statutory warranty for the electronic device), Partum will inform the user that their claim has been rejected and advise them to pursue their rights through other channels. The temporary confirmation issued by Partum includes, among other things, information on where the user must deliver the device covered by TCL TV KASKO, which is subject to compensation or the procedure for exercising rights under the TCL TV KASKO promotion.

The user is obligated to deliver the device to the designated location, service center, or similar, in accordance with the instructions. Partum will provide the temporary confirmation to the user via email, fax, or mail. Upon delivery of the device to the designated delivery point, Partum will begin processing the device covered by TCL TV KASKO, starting with the necessary diagnostics and fact-checking. After performing the diagnostics and determining the actual condition of the device covered by TCL TV KASKO, Partum will issue a compensation confirmation if the actual condition of the device matches the information provided by the user in the statement for exercising rights under the TCL TV KASKO promotion, and if the event or promotion actually covers the damage.

If, at this stage, it is determined that the event or damage is not covered by Article 2.1 of these general terms and conditions (e.g., if the event is covered by the manufacturer's/seller's statutory warranty for the electronic device), Partum will inform the user that their claim has been rejected and advise them to pursue their rights through other channels.

Partum will provide the damage compensation confirmation to the user via email, fax, or mail. Partum will pay the repair costs directly to the service center or deliver a new device in case of total damage.

4. Confirmation by Competent Authorities

For any damage related to proceedings before competent authorities (fire, natural disasters, burglary, theft, etc.), the user must provide a statement of claim for TCL TV KASKO rights with the appropriate confirmation/documentation from the competent authorities.

5. Device Replacement During the Coverage Period

If a device covered by TCL TV KASKO is replaced during the TCL TV KASKO coverage period not by Partum (e.g., due to exercising the manufacturer's statutory warranty, etc.), appropriate proof (delivery note, replacement certificate, etc.) must be provided when submitting the TCL TV KASKO claim statement.

Compensation in Case of Early Termination of TCL TV KASKO

In the event of early termination of TCL TV KASKO, or in case of cancellation after commencement, or nullity from the beginning due to fraud, Partum is entitled to full or partial compensation.

User Obligations

1. Obligations Before Any Event Covered by TCL TV KASKO

• The user must adhere to contractual obligations before any event covered by TCL TV KASKO.
• If the user violates any of the obligations listed herein, Partum has the right to unilaterally cancel TCL TV KASKO. The cancellation of TCL TV KASKO becomes effective upon receipt of the cancellation notice.

2. Obligations After an Event Covered by TCL TV KASKO - Partum's Obligation to Inform Users

When an event covered by TCL TV KASKO occurs, the user must:

• Take measures to prevent or reduce the damage to the greatest extent possible.
• Notify in writing without delay.
• Report criminal acts causing damage to property to the police immediately.
• Provide Partum and the police with a list of lost items without delay.

Partum is obligated to provide the user with all information – in writing, if requested – necessary to determine the event/damage covered by TCL TV KASKO, or the scope of Partum's liability for compensation, including repair or replacement of the device covered by TCL TV KASKO.

The user is responsible for the device purchased and covered by TCL TV KASKO. This includes careful and prudent handling and storage of the device in a safe and protected place, including during transport or carrying. For example, damage is easily foreseeable if the device covered by TCL TV KASKO is used in a dusty environment, humid atmosphere, or rain. Such use of the device is also contrary to the manufacturer's instructions. Furthermore, careless handling of the device can cause damage from liquids, drops, or breakage (e.g., washing in a washing machine or keeping the device in a trouser pocket). Such damage will not be fully covered by TCL TV KASKO.

Portable devices, depending on their design (e.g., laptops, cameras, mobile phones, MP3 players, etc.), must be adequately protected and stored under constant supervision during transport/carrying.

For devices intended for business purposes, TCL TV KASKO will only cover them if they are suitable for such use according to the manufacturer's data. The user must report damage to Partum immediately upon becoming aware of it. TCL TV KASKO covers electronic devices based on their condition upon delivery, or configuration upon delivery without subsequent modifications, or original accessories in their original packaging. In this regard, the device, modular device kit, or original accessories are covered by TCL TV KASKO only if they are in their original packaging.

3. Exemption from the Obligation to Repair or Replace the Device Covered by TCL TV KASKO in Case of Obligation Breach

Except in cases of malicious breach of obligations, Partum is obligated to repair or replace the device covered by TCL TV KASKO, provided that the breach is not the cause or determinant of the event covered by TCL TV KASKO.

Repair or Replacement of the Device Covered by TCL TV KASKO is Not Obligatory for Special Reasons

Partum is not obligated to repair or replace the device covered by TCL TV KASKO if the user misleads or attempts to mislead Partum regarding facts crucial for determining the basis or amount of compensation. If fraud is established by a final court judgment against the user, the presumptions from the preceding paragraph are considered proven.

Transfer or Sale of the Device Covered by TCL TV KASKO

Since TCL TV KASKO is linked to the serial number of the electronic device, the device can be transferred/sold during the TCL TV KASKO period. TCL TV KASKO will remain valid as long as the new owner (user) complies with the laws and obligations of TCL TV KASKO.

Notifications - Statement of Intent Form

If the law does not prescribe a written form, and if this contract does not stipulate otherwise, statements and notifications intended for Partum, relating to the contractual relationship and delivered directly to Partum, shall be issued in text form.

Subsidiarity and Multiple Insurance

TCL TV KASKO, which covers electronic devices (for cases of partial or total damage warranty), is valid under these terms if no other insurance coverage has been concluded through other insurance methods (e.g., property insurance, liability insurance, insurance within credit card products). In such cases, the provisions of the Law on Obligations apply.

TCL TV KASKO is constituted by a correctly completed TCL TV KASKO form, these general terms and conditions, and the invoice for the purchased device covered by TCL TV KASKO and the purchased TCL TV KASKO product for that device (unless TCL TV KASKO is included in the device price). Important note: the purchased device covered by TCL TV KASKO and the purchased TCL TV KASKO product for the respective device must be listed on the same invoice.

TCL TV KASKO Provider, Contact Information

The provider of TCL TV KASKO is the trading company:

PARTUM USLUGE d.o.o. for consulting, from Zagreb, Horvaćanska cesta 47

Telephone number: 01 6382 664

Fax number: 01 6382 665

Email address: prijava@partum.hr

Website: www.partum.hr

Jurisdiction in Case of Dispute

In case of a dispute between Partum and the user, the competent court is in Zagreb.