Terms and Conditions - TCA Gibraltar

Terms & Conditions

Effective Date: 30/09/25

1. Introduction

Welcome to Top Choice Appliances LTD. By using our website (www.tca.gi) and/or making a purchase (either online, over the phone, in-store, or through any other sales channels), you agree to be bound by these Terms and Conditions. These terms govern all transactions, website use, and customer responsibilities. If you do not agree, please do not use our website or services. Your submission of personal information through the store, website or over the phone is governed by our Privacy Policy.

These Terms and Conditions apply to:

All users of the website, including browsers, customers and merchants.
All purchases made in-store, over the phone, online or any other sales channels.
Any sales, warranties, deliveries, installations, service requests, invoices, quotes and proforma invoices.

2. Pricing

2.1. Prices quoted are valid for two (2) weeks from the initial date on the quote.
2.2. Prices include the current product price, shipping, customs documentation, tariff fees, import taxes, handling costs, and any other costs affecting the product’s landed cost.
2.3. If the order has not yet been imported into Gibraltar and there are any legislative changes, newly introduced costs, or tariff increases affecting the landed cost, the customer is responsible for paying the additional surcharges.
2.4. This includes, but is not limited to, new taxes, import duties, or other costs imposed by the government in relation to Brexit or any other regulatory changes.

3. Credit

3.1. Credit issued to a customer’s account is valid for one (1) year from the date of issuance on the credit note.

4. Purchases, Cancellations, and Exchanges

4.1. No cancellations or exchanges are accepted under any circumstances once an order is placed.
4.2. Customers are responsible for verifying that the product they are ordering is suitable for their requirements before purchase.
4.3. The company shall not be liable for incompatibility, incorrect specifications, or customer ordering errors.
4.4 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
4.5. Proforma Orders & Import Delays

Proforma orders are not imported into Gibraltar immediately due to storage limitations. These orders are held abroad until the customer requests delivery or until the goods become available.
The company will only import the goods upon the customer’s request or when stock is ready for shipment.
The company is not responsible for any changes in costs or regulations affecting proforma orders during the storage period or transport period to Gibraltar. If, between the proforma order date and the importation date, new taxes, import duties, legislative changes, or additional costs are introduced by the Government, the customer will be liable for these additional charges; this includes, but is not limited to any other costs imposed in relation to Brexit.

5. Warranty

5.1. Warranty Coverage:

2-year warranty: White Goods specifically: Washing machines, tumble dryers, washer dryers, fridges, freezers, cookers, ovens, hobs, extractors, wine coolers (with compressors), and dishwashers from the brands: Balay, Corbero, Beko, Miele, Bosch, Siemens, Neff, Infiniton, Hyundai, Whirlpool, Smeg, Rangemaster, Edesa, Cata, Indesit, Sub-zero, Wolf, Cove, Teka, and LG.
1-year warranty: Boilers / water heaters (only if a pressure-reducing valve is installed), instant water heaters, wine coolers (without compressors), industrial appliances, TVs, other white good appliances and leak prevention units (only valid if a pressure-reducing valve is installed).
6-month warranty: Small appliances including vacuum cleaners.
3-month warranty: All parts.

5.2. Repair, Refund, or Replacement Policy:

In all cases, we will always attempt to repair the appliance first.
If the item is deemed unrepairable, we will decide, at our own discretion, whether to refund the money or replace it with the identical model.
If the identical model is unavailable, we will replace it with the most similar model that we consider to be equivalent in terms of features, specifications, and value.

5.3. Warranty Exclusions:

Commercial & Non-Domestic Use – The warranty provided with this appliance is valid only when the product is used in a private domestic household environment. It will be void if the appliance is used in a commercial, institutional, or communal setting, or in any premises that are not a private domestic residence. This includes, but is not limited to: offices, rental properties, holiday homes, schools, care homes, hospitals, hospitality businesses, or any similar environments. Use in such settings – even if the appliance is used in a way similar to domestic use (e.g. washing clothes) – is considered non-domestic and will invalidate the warranty.
Commercial use of domestic or small appliances.
Superficial damage (scratches, dents, rust, discoloration).
Damage due to improper maintenance, misuse or external factors (power surges, water damage, pest infestations).
Damage caused by incorrect installation (by anyone other than a Top Choice Appliances installer), third-party servicing, or failure to follow the manufacturer’s recommendations.
Any damages resulting from product malfunction.
Warranty is void if the appliance is not installed according to the manufacturer’s installation manual.
Warranty is void if anyone other than a technician or installer from Top Choice Appliances tampers with the appliance during the warranty period.

5.4. Service Availability

Warranty repairs are available Monday to Friday, 9 AM – 4 PM (excluding weekends and public holidays).
We aim to attend warranty service requests within 24 to 48 working hours from the time of the call.
Working hours are defined as Monday to Friday, 9 AM – 4 PM.
For example, if a request is made on Friday at 12 PM, service will be scheduled no later than Tuesday at 12 PM.
If a request is made outside of working hours (e.g., on a weekend or public holiday), the 24-48 hour response time will begin counting from the next available working day at 9 AM.
Any service required outside of normal working hours will be subject to availability, and an additional call-out fee may apply.

6. Delivery, Call-Outs, Installations, and Storage

6.1. Delivery Time Slots:

Provided 2-hour time slots indicate estimated ARRIVAL time only and may be subject to change due to unforeseen circumstances.

6.2. Inspection & Acceptance Upon Delivery:

Customers must inspect their appliance upon delivery and report any superficial damage before the delivery team leaves.
Any technical defects must be reported within 24 hours of delivery to qualify for same-day replacement.
If an appliance is accepted without immediate inspection, the company is not liable for later claims of visible damage.

6.3. Customer Responsibilities:

Customers must ensure the installation site is properly prepared (electrical, plumbing, and ventilation setup must comply with appliance requirements).
If plumbing, electrical or carpentry work requires more effort than originally quoted, additional charges will apply.
Customers will be informed of any extra charges before additional work is carried out.

6.4. Storage Fees & Order Cancellation:

If an appliance is not collected or delivered within 6 months of purchase, a storage fee will apply per appliance per month as follows:
- Small appliances: £25 per month.
- Medium appliances: £50 per month.
- Large appliances: £75 per month.
If the appliance has been in storage for a total of 18 months, the order will be fully cancelled, and the full deposit will be retained. The appliance may then be resold or disposed of at the company’s discretion.
If, at any point, the accumulated storage fees exceed the deposit paid, the company reserves the right to immediately cancel the order and retain the full deposit.
The customer will receive written notice 30 days before cancellation, allowing them to settle outstanding storage fees or arrange collection/delivery before cancellation is enforced.

7. Disposal of Appliances

7.1. It is standard procedure to dispose of any old appliance being replaced unless the customer explicitly requests otherwise before the delivery team begins installation.
7.2. If the customer is not present during delivery, any person on-site will be considered authorized to provide disposal instructions.
7.3. Disposal instructions must be given directly to the delivery team while they are on-site at the property. The company will not accept disposal requests made via phone, email, or any other method.
7.4. The company shall not be liable under any circumstances for the disposal of appliances. It is the sole responsibility of the customer to ensure that disposal instructions are clearly provided, understood, and followed at the time of delivery.

8. Limitation of Liability

8.1. The company is a retailer and not the manufacturer of the products sold. Therefore, the company shall not be responsible for any product malfunctions, defects, or failures—these are covered exclusively by the manufacturer’s warranty. Any claims related to product performance, defects, or failures must be made directly to the manufacturer under their warranty terms.
8.2. The company’s total liability is strictly limited to installation damage or service failure, capped at £5,000 per claim.
8.3. The company shall not be liable for:

Any product defects or failures, as these fall under manufacturer responsibility.
Indirect or consequential losses, including financial losses, business interruption, loss of earnings, or inconvenience.
External damage caused by fire, floods, power surges, pest infestations, or misuse.
Health-related claims resulting from product usage or failure.

8.4 Leak Prevention Units and Trays:
While leak prevention units and trays are valuable tools for mitigating water damage, they do not guarantee 100% leak prevention in all scenarios. Factors such as, but not limited to, leak origin, installation constraints, tray size, and the complexity of the installation environment may impact their effectiveness.
We expressly disclaim liability for any leaks, water damage, or related issues that may occur, regardless of whether a leak prevention unit or tray has been installed. By agreeing to these terms, the customer acknowledges and accepts that:

Leak prevention units and trays may not capture all water in every situation.
Installation limitations (e.g., space constraints, obstructions, or boiler design) may prevent full coverage.
We are not responsible for any damages or losses resulting from leaks, even if a leak prevention unit or tray has been provided or installed.

9. Website Usage Terms & Online Store Policies

9.1. General Website Use
By accessing our website, you agree to the following:

You will not use the website for any illegal or unauthorized purpose.
You must not transmit viruses, malware, or engage in fraudulent activity.
Any attempt to hack, disrupt, or manipulate the website will result in legal action.

9.2. Accuracy of Information & Product Listings

We do not guarantee that product descriptions, pricing, or availability on the website will be error-free.
We reserve the right to correct any errors, modify pricing, or cancel incorrect orders at any time without prior notice (including after you have submitted your order).

9.3. Third-Party Services & External Links

Our website may contain links to third-party websites. We are not responsible for the content or policies of these external sites.
Payments processed through third-party payment gateways (e.g., Stripe, PayPal) are subject to their terms of service.

9.4. Modifications to the Service & Prices

Prices of our products may change at any time without notice.
We reserve the right to modify or discontinue the website or any part of it without liability.
Certain products or services may be available exclusively online through the website.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

10. Indemnity Clause (Customer Responsibility & Protection Against Misuse)

10.1. The company shall not be held liable for any damage, loss, or injury caused by:

Improper use of any appliance.
Unauthorized modifications, servicing or repairs.
Failure to follow manufacturer guidelines, safety instructions, or recommended maintenance.

10.2. The customer agrees to indemnify and hold the company harmless from any claims arising from misuse, negligence or failure to follow proper installation and operating procedures.

11. Force Majeure (Delays & Events Beyond Our Control)

11.1. The company shall not be liable for any delays or failure to fulfil an order or service due to circumstances beyond our control, including but not limited to:

Supply chain disruptions, transportation delays, or supplier shortages.
Natural disasters, pandemics, strikes, government-imposed restrictions, or economic sanctions.

11.2. In such cases, the company will notify the customer of any delays and provide an updated estimated delivery date.

12. User Comments, Feedback & Content Submissions

12.1. If you submit any suggestions, reviews, feedback, or other content through our website or any other means:

You agree that we may edit, publish, distribute, and use it without compensation.
You must not submit false, misleading, offensive, or unlawful content.
We reserve the right to remove or edit any content at our discretion.

13. Dispute Resolution

13.1. In the event of a dispute, both parties agree to attempt mediation before pursuing legal action.
13.2. Customers must submit complaints in writing before escalating any claim to a third-party mediator or initiating legal proceedings.

14. Air Conditioning: Additional Terms and Conditions

(Note: All terms and conditions above apply. The following are additional or more specific to air conditioning services provided by Top Choice Appliances Ltd / TCAIR.)

14.1. Warranty

Coverage:
- 2-year warranty on fixed air conditioning units from Daikin or Haier brands.
- 1-year warranty on units from all other brands.
Validity Conditions:
- Warranty applies only if a maintenance contract is in place with Top Choice Appliances Ltd or TCAIR.
- The client must comply fully with the maintenance contract terms, including:
  - Scheduling and completing maintenance on time.
  - Making payments before maintenance is due.
Non-Compliance Penalty: Failure to meet these conditions reduces the warranty to 3 months for any brand.
Exclusions:
- Labour required for repairs is not covered under the warranty.

14.2. Ownership and Payment:

All equipment supplied and installed remains the property of TCA until full payment is received.
TCA reserves the right to remove all supplied equipment upon failure to secure full payment.
Any expenses incurred in recovery, removal, and reinstatement of materials will be debited to the client.

14.3. Client Responsibilities: