Terms & Conditions

Website Terms and Conditions

For tropicoolaircon.com and related online services

Important: These Terms govern use of the Website and online transactions with TROPICOOL. Product-specific quotations, invoices, warranty documents, layaway plans and financing agreements may contain additional terms.

These Terms and Conditions (the “Terms”) form a legal agreement between you and TROPICOOL Limited (“TROPICOOL”, “we”, “us” or “our”). They apply when you access or use tropicoolaircon.com (the “Website”), request a quotation, create an account, place an order, arrange a service or otherwise interact with us through the Website.

By using the Website or submitting an order or service request, you confirm that you have read and agree to these Terms. If you do not agree, do not use the Website. If you act for a business or other organisation, you confirm that you have authority to bind it.

About TROPICOOL

TROPICOOL provides air-conditioning units, parts and related products, together with installation, repair, maintenance, air-quality and related services for residential and commercial customers in Jamaica. Our contact details appear at the beginning and end of these Terms.

Eligibility and customer accounts

You must be at least 18 years old and legally capable of entering a contract to make a purchase or book a service. If you create an account, you must provide accurate and current information, protect your password and promptly notify us of suspected unauthorised use. You are responsible for activity carried out through your account unless caused by our breach of law or security obligations.

We may refuse registration, require verification, restrict an account or close an account where reasonably necessary to address fraud, security risks, misuse, non-payment or a breach of these Terms. Where practical and lawful, we will provide notice.

Website information and product presentation

We aim to keep descriptions, specifications, images, availability and other Website information accurate. Product colours, finishes, packaging and minor specifications may vary from images or descriptions because of display settings, manufacturer updates or stock changes. Website content is general information and does not replace a site assessment, technical diagnosis or written quotation.

If we discover a material error in a description, price, promotion or availability status, we may correct it and contact you before accepting or fulfilling the affected order. You may accept the corrected terms or cancel for a refund of any amount paid for the affected item or service.

Quotations, orders and contract formation

A Website order, quotation request or booking request is an offer or request from you. An automated email, message or payment receipt confirms that we received it but does not necessarily mean that we accepted it. A contract is formed when we issue written acceptance, confirm the booking, dispatch the product or begin the service, whichever occurs first.

For installation, repair, maintenance and other on-site work, an accepted written quotation, work order, job card or service agreement forms part of the contract. If those documents conflict with these Terms on a product-specific or service-specific issue, the more specific document controls for that issue.

We may decline or cancel an order before acceptance where an item is unavailable, a price or description contains a material error, payment cannot be verified, delivery or installation is not feasible, fraud is suspected, or fulfilling the order would be unlawful or unsafe. If we cancel after receiving payment, we will refund the amount paid for the cancelled portion using an appropriate method.

Prices, taxes and availability

Prices are subject to change without notice before an order or quotation is accepted. The price applicable to an accepted order is the price shown in our written acceptance, invoice or accepted quotation. Unless expressly stated otherwise, delivery, installation, electrical works, civil works, accessories, permits and other site-specific costs are additional.

Prices are displayed in the currency stated on the Website or quotation. You are responsible for any bank, card, currency-conversion or similar charges imposed by your provider. Availability is not guaranteed until we accept the order and allocate stock.

Payments and payment services

You must use a payment method that you are authorised to use and provide complete billing information. We may require cleared funds, identity verification or additional fraud checks before dispatching goods or scheduling services. Ownership of goods does not pass until we receive full payment, subject to applicable law.

Online payments may be processed by independent payment providers. Their terms and privacy practices may apply in addition to ours. We do not control a payment provider’s availability, authentication requirements or decision to approve or decline a transaction. A payment dispute or chargeback does not remove an amount validly due under an accepted contract.

Layaway and third-party financing

Layaway purchases require full payment before delivery or collection unless a written plan states otherwise. The payment schedule, minimum payments, cancellation treatment, stock allocation and any applicable fees will be disclosed in the relevant layaway plan, invoice or written confirmation. No term limits a right that cannot lawfully be excluded.

Financing may be provided by a bank, lender or other independent provider. Approval is not guaranteed and is subject to that provider’s eligibility rules, credit assessment, interest, fees, repayment terms and privacy notice. TROPICOOL is not responsible for the provider’s approval decision or performance, except to the extent required by law or expressly stated in writing.

Delivery, collection, title and risk

Delivery and collection dates are estimates unless we expressly confirm a guaranteed date in writing. You must provide a safe and accurate delivery location, access instructions and an authorised person to receive the goods. Additional charges may apply for redelivery, storage, restricted access or a customer-requested change.

Please inspect goods promptly and notify us as soon as reasonably possible of visible damage, shortage or an incorrect item. Risk passes when the goods are delivered to you or your authorised recipient, except where applicable law provides otherwise. Title passes only after full payment has cleared.

Installation, repair and maintenance services

You must provide safe and timely access to the premises, disclose known hazards, secure necessary permissions and ensure that an authorised adult is present where required. You are responsible for identifying concealed services, structural restrictions, landlord or strata requirements and any conditions that could affect the work.

A quotation is based on the information reasonably available when it is prepared. If our technician discovers hidden damage, unsuitable wiring, inadequate drainage, structural issues, hazardous conditions or additional work, we may pause the work and provide a revised quotation or change order. We will seek approval before material additional charges are incurred, except for urgent action reasonably required to prevent immediate harm.

We may refuse or suspend work where conditions are unsafe, unlawful, abusive, materially different from those disclosed, or where required payment is overdue. You must follow operating, maintenance and safety instructions supplied with products or services.

Cancellations, returns and refunds

Cancellation, return and refund rights depend on the product or service, its condition, the stage of fulfilment, the applicable quotation or plan and Jamaican law. To make a request, contact us promptly at info@tropicoolaircon.com with your name, order or invoice number and the reason for the request.

Change-of-mind returns are not guaranteed unless we have agreed to them in writing. Subject to applicable law, specially ordered, customised, installed, used or damaged goods may not be eligible for a change-of-mind return. Approved returns may require proof of purchase, original components and packaging, and inspection before a refund or exchange is issued.

Nothing in these Terms excludes or limits any remedy available for defective, misdescribed or unfit goods or services under the Consumer Protection Act, the Sale of Goods Act or any other applicable Jamaican law.

Warranties and after-sales support

Products may carry a manufacturer’s warranty, and services may carry a workmanship warranty, as stated in the warranty document, quotation, invoice or service agreement. Warranty coverage, duration, exclusions and claim procedures are governed by the applicable written warranty and mandatory law.

To request warranty support, provide proof of purchase and reasonable details of the issue. Subject to applicable law and the written warranty, coverage may not apply to misuse, neglect, improper maintenance, unauthorised modification or repair, unsuitable electrical supply, power surge, external damage, pests, corrosion, blocked drainage, ordinary wear or failure to follow operating instructions. We may inspect or test an item before determining the appropriate remedy.

Acceptable use of the Website

You may use the Website only for lawful purposes. You must not:

interfere with the Website, its security or another user’s access;

introduce malware, harmful code, automated scraping tools or excessive traffic;

attempt unauthorised access to an account, system, database or network;

submit false, fraudulent, misleading, abusive, hateful, threatening, defamatory, obscene or unlawful content;

impersonate another person, misuse personal data, send spam or use the Website for unauthorised promotions; or

copy, reverse engineer, reproduce or commercially exploit Website content except as permitted by law or our written consent.

Intellectual property

The Website and its text, graphics, photographs, videos, logos, trademarks, product presentation, layout, code and other content are owned by or licensed to TROPICOOL and protected by applicable intellectual-property laws. We grant you a limited, revocable, non-exclusive and non-transferable right to access and use the Website for personal or internal business purchasing purposes.

You may not reproduce, adapt, distribute, publish, sell, license or create commercial derivative works from Website content without prior written permission, except where the law expressly permits it. Third-party brand names and marks remain the property of their respective owners.

Reviews, messages and other customer content

If you submit a review, image, comment, enquiry or other content, you confirm that it is accurate, lawful, relevant and does not violate another person’s rights. You retain ownership of your content but grant us a non-exclusive, worldwide, royalty-free licence to host, reproduce and display it for operating, improving and promoting TROPICOOL, subject to our data-protection obligations.

We may moderate or remove content that violates these Terms, creates legal or security risk, contains personal data posted without authority, or is otherwise inappropriate for the Website. We are not required to publish any submission.

Third-party services and links

The Website may link to or integrate services operated by third parties, including payment, financing, maps, messaging, analytics, social media and e-commerce providers. Their separate terms and privacy notices may apply. A link or integration does not mean that we guarantee or accept responsibility for the third party’s content, security or performance, except where applicable law provides otherwise.

Website availability and changes

We may maintain, update, suspend or withdraw parts of the Website and may change products, features or content. We do not guarantee uninterrupted or error-free access. We will take reasonable steps to protect the Website, but internet services may be affected by maintenance, cyber incidents, telecommunications failures or events outside our reasonable control.

Data protection and privacy

TROPICOOL processes personal data as a data controller in accordance with Jamaica’s Data Protection Act, 2020 and other applicable laws. Depending on how you interact with us, we may process:

identity and contact information, including your name, address, email address and telephone number;

order, quotation, delivery, installation, maintenance, warranty and customer-service records;

billing and payment-confirmation information, while payment providers may process full card or bank details under their own terms;

communications, feedback, reviews and preferences; and

technical information such as IP address, device, browser, Website activity and cookie or similar identifier data.

We process personal data fairly and lawfully for purposes that include responding to enquiries, preparing quotations, accepting and fulfilling orders, scheduling and providing services, taking payment, managing warranties and accounts, communicating with customers, preventing fraud, securing and improving the Website, complying with legal duties and sending marketing where permitted.

We may share relevant personal data with employees and authorised contractors, payment and financing providers, delivery providers, e-commerce and IT hosts, communications and analytics providers, professional advisers, insurers, regulators, law-enforcement authorities and other parties where reasonably necessary and lawful. Providers acting for us are expected to use appropriate safeguards and process data only for authorised purposes.

Where personal data is transferred outside Jamaica, we will take steps required by applicable law to ensure an adequate level of protection or another lawful safeguard. We retain personal data only for as long as reasonably necessary for the relevant purpose, legal, tax, warranty, accounting, dispute and security requirements, then securely delete or anonymise it where appropriate.

Subject to the Data Protection Act and any lawful exceptions, you may have rights to be informed, request access, seek correction or rectification, object to certain processing, prevent certain direct marketing or automated decision-making, and request action where data is inaccurate or unlawfully processed. To exercise a right or raise a concern, email info@tropicoolaircon.com. We may need to verify your identity before acting on a request.

We use reasonable technical and organisational measures to protect personal data. No online system is completely secure. Where required, we will notify the Office of the Information Commissioner and affected persons of a qualifying personal-data breach. You may also contact Jamaica’s Office of the Information Commissioner about unresolved data-protection concerns.

Cookies and marketing communications

The Website may use essential cookies and similar technologies needed for shopping, security, preferences and basic operation, and may use optional analytics or advertising technologies where permitted. Browser settings may allow you to block or delete cookies, but doing so can affect Website functionality. Any separate cookie banner or privacy notice displayed on the Website forms part of our privacy information.

We may send service communications about enquiries, orders, appointments, safety, warranties or accounts. We send direct marketing only where permitted and will provide a reasonable way to opt out. Opting out of marketing does not stop necessary transactional or service messages.

Electronic communications

You agree that contracts, notices, invoices, receipts and other communications may be provided electronically using the contact details you supply. You are responsible for keeping those details current. Electronic records and signatures may be used to the extent permitted by Jamaica’s Electronic Transactions Act and other applicable law.

Limitation of liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including applicable consumer remedies, liability for fraud or fraudulent misrepresentation, or liability for death or personal injury caused by negligence where such liability cannot be excluded.

To the fullest extent permitted by law, TROPICOOL is not liable for indirect, incidental, special or consequential loss, loss of profits, loss of business, loss of data or loss arising from events outside our reasonable control. For a claim arising from a particular product or service, our aggregate liability will not exceed the amount you paid for that product or service, except where a greater liability or remedy is required by law.

Technical recommendations depend on the information and access available at the time. We are not responsible for loss caused by inaccurate customer information, undisclosed site conditions, unauthorised third-party work, failure to follow instructions or defects in systems outside the agreed scope, except to the extent caused by our breach or negligence.

Responsibility for misuse

If your unlawful or unauthorised use of the Website causes TROPICOOL a direct loss, claim or reasonable expense, you will be responsible for that loss to the extent permitted by law. This clause does not apply to ordinary good-faith consumer use and does not limit any statutory right.

Suspension and termination

We may suspend or terminate Website access or an account where reasonably necessary because of a serious or repeated breach, fraud, abuse, security risk, unlawful conduct or non-payment. Termination does not affect rights, liabilities or payments that arose before termination. Provisions intended by their nature to continue, including intellectual property, privacy, liability and dispute provisions, survive termination.

Events outside reasonable control

We are not responsible for delay or failure caused by events beyond our reasonable control, including severe weather, natural disaster, fire, epidemic, industrial action, civil disturbance, government action, port or shipping disruption, supply-chain shortage, utility failure, telecommunications outage or cyber incident. We will take reasonable steps to reduce the impact and resume performance. If a material delay continues, any cancellation or refund will be handled under the contract and applicable law.

Changes to these Terms

We may update these Terms to reflect changes in law, services, technology or business practices. The revised version will be posted on the Website with a new effective or last-updated date. Changes apply prospectively and do not alter an accepted order or service contract unless the parties agree or the law requires it.

General legal terms

If any part of these Terms is held unlawful or unenforceable, the remaining provisions continue in effect. A delay in enforcing a right is not a waiver. You may not transfer your rights or obligations without our written consent, but we may transfer ours as part of a reorganisation, financing or sale of the relevant business, provided this does not reduce your mandatory rights.

These Terms, together with any accepted quotation, invoice, work order, warranty, layaway plan, financing terms and privacy notice, contain the agreement relevant to your transaction. They do not exclude representations or rights that cannot lawfully be excluded.

Governing law and disputes

These Terms and any dispute arising from them are governed by the laws of Jamaica. Please contact us first so we can try to resolve the issue promptly. Nothing prevents a consumer from contacting the Consumer Affairs Commission, the Office of the Information Commissioner or another competent regulator, or from exercising a right available under Jamaican law. The courts of Jamaica will have jurisdiction, subject to any mandatory rule that applies.

Contact us

Questions, complaints, cancellations, warranty requests and data-protection requests may be sent to:

End of Website Terms and Conditions