TERMS & CONDITIONS
- Introduction
These are the general terms and conditions governing your access and use of the content and services offered to the visitors of this website http://topchoice.com.mt and constitute an agreement between you and Mr Robert Tabone on behalf of Top Choice (hereby referred to as “Top Choice or “Company or “The Company”).
Top Choice is the owner and operator of http://topchoice.com.mt (hereby referred to as “website” or “the website”). The registered business address is Top Choice, 280, St Joseph High Road, Hamrun, HMR1011, Malta with VAT registration number MT1497-0427. Top Choice may be contacted by telephone on +356 2334 2000 or by email on info@woocommerce-979478-5598032.cloudwaysapps.com
By using, viewing, transmitting, caching, storing and/or otherwise utilizing this website, the services or functions offered herein and/or contents or information on this website, you agree to each and all of the terms and conditions set out herein, and waive any right to claim ambiguity or error in this agreement. Should you not agree to each and every term and condition set out herein, you are asked not to use this website and to leave immediately.
By using the services offered on this website, you warrant to Top Choice that you have understood these terms and conditions, and that you have the legal capacity to engage with all the terms and conditions.
- Description of Product / Service
On this website we provide general information about the company’s products and services and the possibility of purchasing products online. Product pictures, specifications and other information are for reference only, and these may be changed and/or updated over time without prior notification.
- Price
All prices shown on the website are in Euro currency (€) and are inclusive of local VAT unless stated otherwise. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancel your order at a full refund. In case that we will not receive feedback from you or are unable to contact you for 5 working days we will cancel the order and refund it in full.
- Payment Method and Security
All online purchases shall only be accepted against payment by credit/debit card or PayPal. When payments are done by a credit/debit card, the card details will be received and processed directly by our payment gateway (PSP) – Endeavour Payment Gateway. The card details are transmitted to the payment gateway (PSP) encrypted over high-strength SSL for maximum protection, security, and confidentiality. At no point during the transaction processing, card details and information are ever handled and/or processed by Top Choice.
For additional security, your three digital security code (CVV/CVC2) found at the back of your card is never stored by the payment gateway. Without this number, additional transactions attempted on your card without your authorization will be rejected. The payment gateway (PSP) is licensed and authorized by Visa, MasterCard, and other major card schemes to act as a payment gateway. The payment gateway (PSP) is fully audited and compliant with the Payment Card Industry Data Security Standards (PCI DSS).
By completing a purchase on our website, the client automatically commits and agree to provide correct details to the best of his/her abilities to Top Choice for the purpose of completing an order from this website. The person responsible of placing an online order is solely responsible to use his/her own credit/debit card or PayPal account. Where the person who is placing the order will be using a PayPal account or a credit card that is not registered on his/her name, he/she is responsible to acquire the authority from the credit/debit card holder or PayPal account holder to complete an online payment. The client is also responsible to ensure that there are sufficient funds available on his payment method to complete the order.
Payments can also be processed by bank transfer. Please contact us on info@woocommerce-979478-5598032.cloudwaysapps.com so that we provide you with the bank transfer details. It is important to include the order number in the “Remarks” field of the payment portal of your banking service provider for Top Choice to quickly identify the payment.
- Communication
The website user agrees that the provided e-mail address and/or telephone/mobile number may be used by a Top Choice representative as a means of communication.
- Conclusion of the Sales Contract
The electronic sales contract between you and Top Choice shall be concluded as soon as you receive an electronic acknowledgment of your order, hereby referred to as “confirmatory email”. The confirmatory email will contain all relevant statutory information concerning your contract and a direct link to these terms and conditions.
It is your responsibility to check that the details on this confirmatory email are correct at the soonest, and to safely keep a copy.
- Liability
This section applies only to the extent permitted by law.
While endeavoring to ensure that all the information provided on this website is correct, we do not accept liability for any errors and omissions. We reserve the right to make changes to all the content at any time and without any prior notice. We reserve the right to modify and/or delete (temporarily or permanently) the products and services from time to time, for any reason, and without prior notice. In any such case we shall not be held liable for any modification, discontinuation or termination of any information and/or detail.
If a price error is identified for the goods ordered, one of our representatives will inform you as soon as possible. Top Choice shall be under no obligation to complete an order for a product advertised at an incorrect price, if the item/s has/have been invoiced at the wrong price, but not dispatched. In this case Top Choice reserves the right to cancel and refund the order in full. Top Choice will do its best to correct errors and omissions as the earliest following such incident.
- Warranty Information
All express, implied, and statutory warranties on the part of Top Choice are hereby expressly disclaimed and limited to the fullest extent permitted by law.
In the unlikely event that the received goods are not what were ordered, or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall rectify a solution for any shortage or non-delivered goods, replace or repair any damaged or defective goods, or refund the full amount paid for the goods in question. A written notification to Top Choice highlighting the problem and web order number must be sent by email on info@woocommerce-979478-5598032.cloudwaysapps.com by not later than 2 days after receiving the product.
The products sold by Top Choice, online or in-store are for private domestic and consumer use only. Top Choice will not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the website or for any products or for any products or services purchased from Top Choice.
Top Choice shall have no liability to the customer for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including by not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental action, and any other similar events.
We shall have no liability, for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
The commercial warranty period provided by Top Choice (where applicable) will be listed under the product description on the Invoice and/or Cash Sale with additional conditions listed on the back of the same Invoice/Cash Sale that is delivered with the product. The commercial warranty provided by Top Choice may guarantee the product from 6 months on parts and labour up to 10 years on parts and labour, depending on the type, brand and/or specific part/s of the product specified in writing on the Invoice/Cash Sale (under the product description, brand, and model).
The additional commercial warranty does not supersede and/or replace or reduce the minimum 2 year guarantee as stipulated under EU regulations. The customer has a 2 year period at no additional cost where the seller must repair, replace, reduce the price or give you a refund if the purchased goods turn out to be faulty or do not look or function as advertised. The EU regulation state that “if the product breaks withing the first 6 months, it is assumed that the problem existed when you received the goods, unless the trader can prove otherwise. Therefore, you have the right to a repair or replacement free of charge, or if this turns out to be too difficult or costly, you may be offered a price reduction or your money back. If the product breaks after 6 months, you still have the right to have your goods repaired or replaced for free or, at least, to a price reduction or your money back, however, you may need to prove that the problem existed when you received the goods.”
Top Choice operates its own after sales department where a client is expected to report any fault and/or turn in faulty products. The described fault is then inspected by a technician and a repair will be performed accordingly by a Top Choice technician or one of its approved service partners may it be based locally or in a foreign country. Subject that a decision to replace the product will be taken, the client will be contacted by a Top Choice personnel and will be guided accordingly with the procedure to replace the faulty product.
- Applicable Law and Jurisdiction
This is a Maltese website and is subject to the laws of the Republic of Malta.
Every purchase made on the website shall be considered as it was performed in Malta. Maltese law shall govern every aspect of the contractual agreement between the customer and Top Choice concerning purchases made from the website.
All disputes arising from the use of this website and/or any online contractual agreement between the client and Top Choice shall be subject to the exclusive jurisdiction of the Maltese Courts of Justice.
10. Miscellaneous
No waiver by Top Choice of any breach of these terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
Website visitors are not permitted to create unauthorized framing, create deep linking to the website, or create derivative work cited from this website content.
In these Terms and Conditions, “Intellectual Property Rights” mean patents, database rights, copyright, design rights (whether registered or unregistered), trade-marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights on the website shall be fully owned by Top Choice.
Top Choice grants visitors the right to use the website, however Top Choice reserves all rights, title, and interest in its Intellectual Property Rights on the website. Any goodwill being accrued from the use of Top Choice and its affiliated trademarks, trade and business names and service marks under this agreement will vest in Top Choice and its affiliates, as appropriate.
The use of a false name or a known invalid credit/debit card and/or unauthorized use of a credit/debit card to pay for an online order are considered as crime. Anyone caught willfully entering an erroneous or fictitious order and/or payment details will be prosecuted to the fullest extent of the law.
We reserve the right to terminate this Agreement immediately and without prior notice to the customer if:
- The customer fails to make any payments to Top Choice when due,
- The customer breachers the terms of this agreement (repeated or otherwise),
- The customer provides inaccurate and/or invalid information which does not allow us to render the service in a timely manner.
- Top Choice suspects the customer has engaged, or is about to engage, or have in any way been involved in fraudulent or illegal activity on the website.
Top Choice reserves the right to amend these terms from time to time, and updates the new version on the website. All confirmed purchases from the date that the amended terms are placed on our website, and onwards, will be governed by those new terms. The changes will come into effect for existing users 30 days after the amended terms and condition are posted on the website. Your continued use of the website following Top Choice’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these terms, then your only remedy is to cease the use of this website.
These terms supersede any and all other conditions, understanding, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Top Choice and yourself relating to your purchase. Top Choice advice that you print out and keep a safe copy of these terms and conditions once your order has been accepted by Top Choice. We will store a copy of the sales contract entered into by yourself and Top Choice. You are advised to read and fully understand (and are responsible for reading and understanding) all information on this website.
If any provision of these terms shall be considered as invalid or unenforceable in whole or in parts by any competent authority, the validity of the unaffected parts of these terms shall remain in affect.
11. Delivery Details
All products purchased online are to be delivered to any address in Malta and Gozo as indicated by yourself. Once products are delivered to the desired address, the person who is receiving the goods must present an ID card to the delivery person.
Deliveries to any address in Malta are free of charge, subject to an order with a value of more than €50.00, including VAT. In cases of orders under the value of €50.00, including VAT, a €5.00 (including VAT) delivery charge will apply.
Top Choice aims to deliver all confirmed orders in not more than 4 working days from the date of order, as this is subject to product availability. Despite the fact that the stock status on the website is very accurate, stock levels on the website and in-store are always considered an approximation of the actual stock due to unforeseen circumstances. Ordered items may not be available since, upon order processing, it is found that the product/s may be slightly damaged or missing. Whatever the reason may be, the client will be contacted immediately to find the best solution. During peak seasons, we recommend that orders be placed at least 10 days prior to your preferred delivery date, to ensure on-time delivery.
Once your order is processed by a Top Choice representative, you will be contacted via the provided email address and/or telephone/mobile number in order to set up a convenient delivery date.
For appliances weighing less than 80 kilograms, a charge of 10 euros per floor is applicable if there are more than 50 steps. Appliances exceeding 80 kilograms will require a lifter or be subject to a 30-step delivery process. American style fridges involve only 5 steps, with 35 euro charges applying for steps exceeding 5 but less than 10, or if a lifter or more than 2 delivery persons are needed. Two-meter fridges/freezers necessitate a lifter for delivery. Installation is provided for two appliances upon delivery. Stacking kits (without a belt) are scheduled by appointment with customer care. There is a 10-euro charge for collecting any old appliance. Pre-delivery requirements such as door sides, wire extension, and jets must be addressed before delivery, with charges incurred afterward. Orders with more than 2 appliances and not on the ground floor require a lifter, excluding small appliances.
For built-in appliances, kindly note that we do not to install furniture. Our delivery process for such appliances is connecting said appliances to the electrical or water supply.
12. Cancellations / Return Policy
All purchases are in general non-exchangeable, non-refundable, and non-transferable besides cases of cancellation and withdrawal of non-delivered orders.
You may cancel your online order at any time prior to you order being processed by clicking on the ‘cancel’ link next to the product ordered on the website. We can also accept order cancellation by email on info@woocommerce-979478-5598032.cloudwaysapps.com. A confirmation of your cancelled order will also be sent to the provided e-mail address by a Top Choice representative during office hours; Monday to Friday between 8:00am and 16:00. Any payments that are processed will be fully refunded.
In cases where the client needs to cancel an order after the order is processed and delivery date is set, the client is responsible for contacting Top Choice on +356 2334 2000 from Monday to Friday between 9:00 and 18:00 at least one day prior to the set delivery date. Please make sure to provide the name under which the order was placed, address and order reference number.
Delivered items that were purchased online have a 14-day cooling off period from the date of delivery. Goods are to be returned unopened together with the original invoice. Top Choice will issue a full refund to the same credit/debit card used to pay for the order originally within 14 days from the date the product/s is/are returned. It is important that the products and all the packaging and/or accessories are returned in the same condition that they were delivered to you. Top Choice reserves the right to make a restocking charge for any goods which are not returned in the same condition.
Top Choice reserves the right to charge you for collecting unwanted goods from your premises in circumstances where the products are not defective and/or damaged but simply there was a change of mind. In cases where the products are bulky such as large domestic appliances, Top Choice will collect the product/s free of charge. Any standard delivery charges will also be refunded, however non-standard delivery charges such as fees for delivery to extra floors, lifters, etc will not be refunded.
13. Privacy Policy
We are committed to protect your privacy and we will not collect any personal information about you unless you provide it voluntarily. Any personal information you communicate to us is kept confidential by Top Choice in accordance with the Data Protection Act, 2001 (Chapter 440 of the Laws of Malta). This privacy policy is governed by and construed with the laws of Malta and relevant EU legislation. For more detailed information about the Privacy Policy please refer to the Privacy Policy section.
