Complaint Procedure

INTRODUCTORY PROVISIONS

This Complaint Procedure applies to the sale of goods to companies, traders, self-employed persons, as well as other persons for whom the goods are not intended for personal consumption, but for the performance of business activities. The Complaint Procedure governs and applies to all purchase contracts and the resulting legal relationships between the company GAMATEX SR, s.r.o., Business ID: 36057606, Tax ID: 2021715377, VAT ID: SK 2021715377, with registered office at Horná 10, 974 01 Banská Bystrica, registered in the Commercial Register of the District Court Banská Bystrica, section: Sro, insert no. 8074/S, operator of the domain www.ekofakt.com (hereinafter referred to as the “Seller“) and its customers (hereinafter referred to as the “Buyer“).

Buyers are business companies, self-employed persons, associations, companies and firms, as well as other persons for whom the goods are not intended for personal consumption, but for the performance of business activities. The Buyer is an entrepreneur within the meaning of § 2(2) of the Slovak Commercial Code No. 513/1991 Coll., as amended. This Complaint Procedure does not apply to consumers within the meaning of Slovak Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller’s Business Premises.

Relationships between the Seller and the Buyer in complaint matters are governed by this Complaint Procedure, the General Terms and Conditions of the Seller, and the provisions of the Slovak Commercial Code No. 513/1991 Coll., as amended. All deliveries of goods and services carried out during the validity of this Complaint Procedure are subject to it.

The Buyer is obliged to familiarise themselves with this Complaint Procedure before ordering goods. By ordering goods or services, as well as by accepting goods or services from the Seller, the Buyer accepts and approves this Complaint Procedure, which thereby enters into force for them.

I. BASIC PROVISIONS

  1. The Seller proceeds in handling complaints in accordance with this Complaint Procedure, the General Terms and Conditions, and the provisions of the Slovak Commercial Code.
  2. From the moment the risk of damage to the goods passes from the Seller to the Buyer, the Seller is not liable for damage to products caused by third parties, natural disasters, or external environmental influences.
  3. The purchase of specialised products intended for professional use presupposes the Buyer’s professional and technical knowledge, as well as that of their employees and operating personnel.
  4. The Seller is not liable for damage caused by unprofessional handling, inappropriate product selection, improper or unprofessional use of products, or excessive load.
  5. The Seller assumes that the Buyer will sufficiently make available information on the correct and safe use of products to users and operators of water attractions.

II. DEFINITION OF DEFECT AND WEAR

For the purposes of this Complaint Procedure, the following is understood:

  • Defect: a condition of the goods in which the goods do not meet the agreed or usual properties at the time the risk of damage to the goods passes to the Buyer, as a result of a manufacturing or material defect that already existed at the time of delivery. Details on the most common causes of product damage can be found in the article: The Most Common Causes of Product Damage.
  • Wear: the natural reduction of the functional properties of goods as a result of normal use, the effects of external influences (chlorine, UV radiation, mechanical load, temperature), and time. Wear is not a defect and does not give rise to a claim. Details on wear and product life can be found in the article: Wear and Tear and Product Life.

III. LENGTH OF QUALITY OR USABILITY WARRANTY

  1. Except where agreed in the contract or marked on the product, it is not possible, given the diversity of external environmental influences in water parks, to set a specific period during which goods supplied for professional use will be fit for use, or will retain their usual properties, or to determine the exact time of wear.
  2. The estimated consumption of products under various operating conditions can be found in the article: Product Consumption Estimate.

IV. VARIABILITY OF PRODUCT LIFE

The Buyer acknowledges that the life of PVC products used in water parks is extremely variable and depends on numerous factors beyond the direct control of the Seller, including, but not limited to:

  • chemical composition of the water and concentration of chlorine/chlorine compounds,
  • intensity of UV and IR radiation,
  • water and air temperature, and their fluctuation,
  • intensity of use (number of riders per day),
  • failure to respect maximum user weight,
  • type of waterslide and character of the slide path, or use in a lazy river,
  • manner of handling and maintenance by the operating staff,
  • method of transporting products to the waterslides.

In view of the above, the Seller does not provide a warranty for a specific product life, unless individually agreed in the purchase contract. The standard warranty applies exclusively to manufacturing and material defects existing at the time of delivery.

V. PRODUCTS WITH EXTENDED LIFE

  1. For inflatable products with extended life featuring overlaid reinforced welds, we provide a warranty on weld tightness for a period of 120 days from the date of delivery. After this period, weld leaks are considered a result of normal wear and do not give rise to a claim, unless a manufacturing defect existing at the time of delivery is proven.
  2. However, our standard products, when properly maintained and subject to lower wear, often last 1 to 2 seasons.

VI. EXTERNAL ENVIRONMENTAL INFLUENCES AND PRODUCT WEAR

  1. Inflatable products and sliding mats (hereinafter “products”) intended for use in water parks are characterised as consumable material. They have their own operational life and lifespan, which is highly dependent on the manner of use and operation. Any changes in properties after being put into use are merely a natural manifestation of wear and the effects of external conditions. Wear characteristic of the given material, the given environment, and the given intensity of use is not considered a product defect.
  2. The durability and wear time of products in use depends on:
    • intensity of use,
    • careful handling,
    • regular checking of operating pressure,
    • regular cleaning of products from chlorine compound residues,
    • method of transporting products to the waterslides,
    • appropriateness of correct product selection for the given type of waterslide (slide path),
    • length of exposure of products to direct sunlight,
    • other unnamed external environmental influences.

VII. EXAMPLES OF INFLUENCES INCREASING WEAR AND SHORTENING PRODUCT LIFE

  1. Some waterslides have a smooth run-out, while with some types of waterslides there are abrupt speed changes, or higher loads upon impact in the run-out pool. It happens that an inappropriate type or size of product is selected for a given waterslide, or its path is designed so that riders frequently capsize into the pool. Handles may be excessively loaded when riders try to hold on to an overturned product.
  2. Chlorine compounds can affect material ageing. Chlorine concentration varies in every water park and in every area. Reducing wear caused by chlorine can be achieved by rinsing products with clean water at the end of the day and laying them out to dry. Products have different lifespans in pools where different water treatment methods are used. *2)
  3. Gradual wear also occurs through direct exposure to UV radiation and IR rays. Unused products should therefore preferably be stored under shelter or in the shade.
  4. It is necessary to use several products simultaneously – this reduces the intensity of use of individual items.
  5. Wear of products through contact with rough surfaces: Customers often drag products behind them on the ground – concrete, stairs. During the ride, products come into contact with rough sections, or the edge of the pool.
  6. Failure to observe the Principles of Proper Maintenance *1), excessive load, length of exposure to direct sunlight, water composition, and length of chlorine exposure can result in a substantial reduction in product life.
  7. Wear leads to weakening of products at the thinnest points, or at the most heavily loaded points. The most exposed areas of inflatable products are around the welds, where wear and especially the effect of chlorine lead to leaks. The most heavily loaded areas of sliding mats with handles are precisely the handle attachment points. The connection between the rigid material of the handle and the flexible material of the foam wears under the influence of external factors.
  8. In the event of tearing, puncturing of products, or the occurrence of leaks due to wear, a set of material patches for repairs is supplied with standard inflatable products. Instructions for repairing PVC products can be found in the article: Instructions to Repair PVC Products.

VIII. OPERATING PRESSURE

The Buyer is obliged to maintain the operating pressure in inflatable products in accordance with the Seller’s instructions. Complaints caused by excessive or insufficient pressure (as a result of incorrect inflation, temperature changes, or valve damage) are considered a consequence of improper use and do not give rise to a claim.

Recommended operating pressures for individual products can be found in the article: Recommended Pressures.

IX. PROCEDURE FOR MAKING A COMPLAINT

  1. The Buyer is obliged to make a complaint without undue delay, but no later than 14 days from the discovery of the defect.
  2. The complaint must be made in writing (by e-mail to info@ekofakt.com or ekofakt.sk@gmail.com, or by post), stating:
    • order/invoice number,
    • precise description of the defect,
    • photo documentation of the defect,
    • information on operating conditions (type of use: lazy river, or type of waterslide, water treatment method, intensity of use, length of use).
    • Each PVC product contains a UHF RFID TAG with a unique TAG ID and EPC number. If the Buyer has the ability to read these RFID TAG numbers, they may report them to the Seller. This is not a condition for making a complaint, but it may expedite product identification.
  3. The Seller is obliged to decide on the complaint within 30 days of its receipt. The Buyer will be informed of the outcome of the complaint in writing.
  4. Details on complaint assessment can be found in the article: Claim Assessment.

X. OUTCOME OF THE COMPLAINT

  1. If the Seller accepts the complaint, they are obliged to:
    • remedy the defect by repair,
    • deliver replacement goods, or
    • provide a reasonable discount from the purchase price.
  2. If the Seller rejects the complaint as a result of wear or improper use, they shall issue a written justification.
  3. The costs of transporting the complained goods shall be borne by the Buyer, unless the contracting parties agree otherwise.

XI. PRINCIPLES OF PROPER MAINTENANCE AND USE

*1) Principles of proper maintenance and use important for reducing the effects of external influences, ensuring slower product wear, and achieving higher product life:

  • Products must be rinsed with clean water daily after use to remove chlorine residues (chlorine salts) and subsequently dried.
  • Unused products must be protected from external influences – minimise exposure to UV and IR radiation.
  • Inflate products correctly. Products inflated in a cold environment and moved into the sun will warm up, causing pressure to increase and their volume to expand.
  • Ensure that customers carrying these products do not drag them on the ground, stairs, or edges. Concrete walkways, stairs, and pool edges damage the product surface through friction. Where possible, use lifts to transport products. In operations where lifts are not used to transport products to the start of the slides, product wear increases and their life is reduced several times over.

XII. WATER TREATMENT METHODS IN POOLS

*2) The most common water treatment methods in pools:

  • salt water treatment (salination),
  • salt electrolysis,
  • gaseous chlorine,
  • calcium hypochlorite,
  • sodium hypochlorite,
  • UV radiation (plus chemicals), where chemical consumption can be reduced up to 10-fold,
  • ozone disinfection (ozonisation),
  • oxygen-based chemistry.

In addition to the type of water treatment, the pH value of the water environment also affects product wear.

XIII. FINAL PROVISIONS

  1. This Complaint Procedure is valid and effective from 1 April 2026.
  2. In the event of discrepancies between the Slovak and English versions of this Complaint Procedure, the Slovak version shall prevail.
  3. Information on the processing of personal data is provided on the page: Personal Data Protection (GDPR).

Contact details of the Seller for complaint purposes:
GAMATEX SR, s.r.o.
Registered office: Horná 10, 974 01 Banská Bystrica, Slovak Republic
Business ID: 36057606 | Tax ID: 2021715377 | VAT ID: SK 2021715377
E-mail: info@ekofakt.com, ekofakt.sk@gmail.com
Telephone: +421 904 503 215

Address of the Seller for sending complaints:
GAMATEX SR, s.r.o.
Bernolákova 2, 974 05 Banská Bystrica, Slovak Republic

Location and address for personal delivery: Map

GAMATEX SR, s.r.o., Business ID: 36057606, Tax ID: 2021715377, VAT ID: SK 2021715377, with registered office at Horná 10, 974 01 Banská Bystrica, registered in the Commercial Register of the District Court Banská Bystrica, section: Sro, insert no. 8074/S