TCL CARE General Terms and Conditions
These terms apply to TCL home appliances distributed by TCL Netherlands B.V. and sold as part of the TCL CARE promotion.
Promotional Period and Registration
The promotional period for this offer is from 01.06.2025 to 30.09.2025. The registration period to activate TCL CARE is from 01.06.2025 to 30.10.2025.
To obtain TCL CARE, customers must register online at https://tch-promotion.com/rs/ no later than 30 days after purchase. TCL CARE is provided by an external service provider, Partum d.o.o.
Definitions
Partum d.o.o., hereinafter referred to as "Partum", is the provider of the TCL CARE extended warranty.
"User" is the person who purchased a TCL home appliance within the Promotion.
"Extended Warranty" "TCL CARE" is the extended warranty provided to users upon purchasing TCL home appliances within the "extended warranty" framework.
Article 1. Subject of TCL CARE
Every electronic appliance (hereinafter: appliance or electronic appliance) as described on the invoice and accessories in the original packaging purchased with the said appliance may be subject to TCL CARE.
CARE T&C are in accordance with the laws of the countries to which the contract applies.
Article 2. Items Not Covered by TCL CARE
The following items are not covered by TCL CARE:
- Portable external hard drives.
- Auxiliary and consumable materials defined by the manufacturer as consumables or spare parts.
- All types of tools.
- Other parts that, based on experience, must be replaced during the lifespan of the electronic appliance, including rubber parts, bearings, radial shaft seals, and heating elements.
- Separately purchased accessories.
- All types of software.
- Appliances delivered with defects, as well as manufacturer's serial errors.
- Additionally or subsequently purchased accessories or equipment.
Article 3. Scope of TCL CARE
Duration and Covered Events: TCL CARE covers unpredictable and sudden failures or malfunctions of the covered electronic appliance.
Unpredictable damage is defined as damage that the User could not have reasonably foreseen or should have foreseen with ordinary due diligence, excluding gross negligence. TCL reserves the right to deny coverage for such events.
TCL will repair or replace the electronic appliance if it sustains damage caused by one or more of the following:
- Failures after the manufacturer's warranty period (extended warranty).
Article 4. Cases Outside the Scope of TCL CARE
TCL CARE does not cover damages caused by:
- Intentional actions by the user.
- War, hostilities, civil war, revolution, rebellion, uprising, or unrest.
- Nuclear energy, nuclear radiation, or radioactive materials.
- Earthquakes.
- Terrorism or acts of terrorism, defined as acts by individuals or groups to achieve political, religious, or ideological goals, intended to spread fear or terror among the public or segments thereof, thereby influencing governments or state institutions.
- Use of a defective item, where the defect was known or should have been known to the User.
- Situations where the User was required to use a third-party supplier (manufacturer or retailer) under statutory warranty, and the User cannot provide proof of repair or if the repair was performed without prior approval.
- Negligence: Only minor negligence is covered. In cases of gross negligence, an expert will assess and verify the cause of damage and the appliance. Damage resulting from improper use, intentional damage, intent, improper handling, or unpredictable disposal will be considered a breach of the user's duty of care and will not be covered.
- Damage or costs caused by material or design defects within the manufacturer's warranty period.
- Claims for damages based on guarantees or compensation from other insurers or contractual obligations of third parties. Differences in relation to other guarantees (e.g., current value versus new device value) are covered by the comprehensive coverage for electronic devices.
- Damage to all types of software, including operating systems, drivers, firmware, and utility programs. The User is personally responsible for programs, drivers, data, and their functionality. Loss of data and software due to the aforementioned causes of damage is not eligible for compensation. Furthermore, repair costs for issues related to software, operating systems, viruses, compatibility, data recovery, system restoration, etc., will not be reimbursed.
- Costs incurred due to any damage that is not hardware damage. This also includes all costs (processing and analysis fees, etc.) for damage analysis without identified hardware defects.
- Damage caused by using the appliance for purposes contrary to the manufacturer's instructions or intended use, as well as damage that does not affect the appliance's intended use (e.g., scratches, scuffs).
- No compensation will be paid for liability, consequential material damage, or property damage. Consequential damage from events is never covered. Only damage to the appliance itself, or the primary cause of damage covered by TCL CARE, will be considered for damage assessment.
- Depreciation due to wear and tear, damage from prolonged chemical or thermal exposure, damage caused by rust, as well as any costs for servicing, adjustment, and cleaning are not covered.
- Damage caused by third parties attempting to repair the appliance or interventions by unauthorized third parties will not be covered by TCL CARE.
- Damage caused by pets, domestic or wild animals.
- Damage caused by the use of faulty or unsuitable external accessories (e.g., fasteners, underground casings, etc.).
- Loss of the appliance due to it being lost, forgotten, left unattended, or otherwise missing. Subsequent finding of the appliance will not be considered, nor will it imply coverage for any damage.
- Damages reported but not provable because the appliance was not delivered will not be covered. This excludes damage from complete destruction of the appliance due to force majeure.
- Damage caused by limescale is considered improper use of the appliance or wear and tear and is not covered.
- Damage incurred during or as a result of sports activities, including sweat or condensation, will not be covered.
- Damages that cannot be attributed to an independent incident will be considered progressive damage (due to environment or use) and will not be covered, excluding material and design imperfections after the manufacturer's warranty expires.
Article 5. Location of TCL CARE
Stationary Appliances: For stationary appliances, the User's location is considered the area covered by TCL CARE within Europe.
Mobile Appliances: For mobile appliances and appliances intended for outdoor use, Europe is considered the geographical area covered by TCL CARE.
Article 6. Value of the Electronic Appliance Covered by TCL CARE
The value of an electronic appliance covered by TCL CARE is the price of a new appliance or an appliance of equivalent technical value on the date of the damage ("Care Value"). The value of the electronic appliance covered by TCL CARE always refers to the purchase price of the appliance, excluding value-added tax and excluding subsidies or special discounts (e.g., manufacturer or supplier support).
Article 7. Costs Outside the Scope of TCL CARE
TCL will undertake all necessary repair or replacement activities for electronic appliances covered by TCL CARE. Users will not be reimbursed for activities they have undertaken independently.
Article 8. Scope of Damage Compensation
Damage Costs: We distinguish between partial damage and total loss. Partial damage means repair costs lower than the appliance's maintenance value. If repair costs are higher, it is considered a total loss, in which case TCL will replace the covered electronic appliance.
Partial Damage: In this case, TCL covers the repair costs, including labor and spare parts. TCL will not cover:
- Repair costs or other measures that would have been necessary regardless of the TCL CARE coverage.
- Additional costs incurred due to modifications or improvements exceeding the scope of renovation.
- Costs of independently organized repairs.
- Lost profits due to independently organized work.
- Additional costs caused by temporary or premature repair.
- Costs of work required for repair but not personally performed on the TCL CARE-covered electronic appliance.
- Compensation for liability, consequential material damage, and property damage.
Total Loss:
- In case of total loss or uneconomical repair, the User will receive a new appliance to replace the old, faulty one. The technical specifications of the new appliance must be at least equal to or better than the old one. Cost inefficiency means that repair costs exceed the appliance's value. If equivalent appliances are available, the User cannot claim a technically superior appliance even if its purchase value is lower than the original appliance's value. A new appliance can only be claimed for uneconomical repairs. Claims based on repair duration are excluded.
- If total loss is covered, after the appliance is replaced, the replaced appliance, including all original accessories (chargers, power supplies, memory cards, cables, compact discs, manuals, boxes, mice, etc.), becomes the property of TCL, and the associated TCL CARE for that product will be considered void. The User will receive the replacement appliance only after providing all original accessories to TCL. This also applies to faulty original and insured accessories (e.g., network equipment).
- If the User fails to provide original parts and accessories that were part of the old appliance at the time of purchase, they will be charged at market prices, and the cost will be deducted from the determined repair or replacement cost of the TCL CARE-covered appliance.
Article 9. Limitation of Replacement or Repair for Appliances under TCL CARE
The limitation for replacement or repair of an appliance under TCL CARE is the Care Value.
Article 10. Buy-back
Damage cannot be bought out in cash, even in case of total loss.
Article 11. Replacement of Electronic Appliances Covered by TCL CARE
Based on the replacement appliance, all accessories of the old appliance that were installed at the time of purchase will be considered replaced, regardless of whether these accessories were also included with the replacement appliance or are missing due to the current configuration of the replacement appliance. Accessories subsequently installed on the old appliance that were not covered by the warranty at the time of purchase will not be accepted for replacement.
Article 12. Effective Date
TCL CARE becomes effective upon payment of the purchase price when buying an appliance sold in the promotion.
Article 13. Duration of TCL CARE
TCL CARE for electronic appliances begins after the expiration of the 24-month factory warranty and ends, in any case, 60 months after the invoice date for the appliance. TCL CARE lasts for 36 months. Claims reported after the expiration of the TCL CARE validity period will not be accepted.
Cancellation in case of total loss: If the appliance is replaced or the replacement of the appliance covered by TCL CARE is approved after a total loss, the associated promotional warranty under TCL CARE will be considered void. In such cases, the User will not be entitled to compensation, in whole or in part.
Article 14. Procedure for Exercising User Rights under TCL CARE
Statement for Exercising Rights under TCL CARE: The User is obliged to report any event covered by Article 2.1 of these General Terms and Conditions to TCL without delay (in regular cases, no later than three working days).
Claim Statement Form for TCL CARE: The claim statement form for TCL CARE is filled out for each individual damage. The User must state the cause of the damage and enter it into the claim statement. The following information must be accurately and completely provided:
- Who caused the damage - indicate the person (including any indication that a child or pet caused the damage).
- When and where the damage occurred - indicate the date, time, place, and country.
- How or by what means the damage occurred - indicate the cause.
- What was damaged - indicate the appliance name and type of damage. TCL reserves the right to request additional documentation from the User to fulfill its obligations under TCL CARE in the most qualitative and efficient manner. In such cases, the documentation provided with the claim statement for exercising rights under TCL CARE constitutes complete and proper documentation for initiating the process of exercising User rights under TCL CARE.
Verbal notifications or information provided by any person cannot be considered. Incorrect, inaccurate, or knowingly false data provided on the claim statement for exercising rights under TCL CARE, as well as failure to provide the requested documentation by TCL, may result in the rejection of the claim under TCL CARE, a request for reimbursement of paid repair or replacement costs by TCL, and potentially legal consequences.
Activation of TCL CARE - Compensation for Damage: TCL will assess and repair the damage as soon as possible upon receipt of complete and proper documentation from the User. If TCL receives a properly completed claim statement for the realization of TCL CARE rights along with all necessary supporting documentation, TCL will issue a temporary confirmation for the incurred damage. Repair may take longer than 45 days. Claims for a new appliance based on repair duration are excluded.
If, during this phase, it is determined that the event or damage is not covered by Article 2.1 of these General Terms (e.g., if the event is covered by the manufacturer's/seller's statutory warranty for the electronic appliance), TCL will inform the User that their claim has been rejected and advise them to pursue their rights through other channels. The temporary certificate issued by TCL will contain information about the location where the User should deliver the TCL CARE-covered appliance, which is subject to damage compensation or the TCL CARE claim process. The User is obliged to deliver the appliance to the designated location, service center, or similar, in accordance with the instructions. TCL will provide the User with a temporary certificate via email, fax, or mail. Upon delivery of the appliance to the designated delivery location, TCL will commence processing the TCL CARE-covered appliance, starting with the necessary diagnostics and fact-finding. After diagnostics and determination of the appliance's factual status, which is subject to TCL CARE, TCL will issue a confirmation of damage compensation if the factual status of the appliance corresponds to the data provided by the User in the claim statement for exercising TCL CARE rights, and if the damage or event is covered by TCL CARE.
If, during this phase, it is determined that the event or damage is not covered by Article 2.1 of these General Terms (e.g., if the event is covered by the manufacturer's/seller's statutory warranty for the electronic appliance), TCL will inform the User that their claim has been rejected and advise them to pursue their rights through other channels. TCL will provide the confirmation of incurred damage compensation to the User via email, fax, or mail. TCL will pay repair costs directly to the service center or provide a new appliance in case of total loss.
Confirmation by State Authorities: For all damages whose existence is related to proceedings before state authorities (fire, natural disasters, burglary, theft, etc.), the User is obliged to submit a statement for exercising rights under TCL. elemental disasters, burglary, and theft, etc.), the User must attach a statement for exercising rights under TCL CARE along with the appropriate confirmation/documentation provided by state authorities.
Appliance Replacement During the Coverage Period: If an appliance covered by TCL CARE is replaced during the manufacturer's warranty period, not by TCL (e.g., by exercising the manufacturer's statutory warranty), corresponding proof (delivery confirmation, proof of replacement, etc.) will also need to be submitted after filing the claim for TCL CARE rights.
Article 15. User Obligations
Obligations Before Any Event Covered by TCL CARE:
- Before the occurrence of any event covered by TCL CARE, the User is obliged to adhere to the obligations undertaken by the contract.
- If the User breaches any of the obligations listed herein, TCL has the right to unilaterally cancel TCL CARE. Cancellation of TCL CARE becomes effective upon its receipt.
Obligations Upon Occurrence of an Event Covered by TCL CARE - TCL's Information Obligations to the User: When an event covered by TCL CARE occurs, the User will:
- Take all possible measures to prevent or mitigate the damage.
- Report the event in writing and without delay upon becoming aware of it.
- Report the damage to the police without delay in cases of criminal acts against property.
- Submit a list of lost items to TCL and the police without delay.
- Provide TCL, without delay and to the extent possible, with all information – in writing, if requested – necessary for determining the event/damage covered by TCL CARE or the scope of TCL's obligations based on damage compensation, and enable any verification of the cause and extent of the damage, and the scope of damage compensation, by repairing or replacing the TCL CARE-covered appliance.
- Provide confirmations that TCL requests, if TCL can reasonably request such confirmations.
Other Obligations: The User is responsible for the purchased and TCL CARE-covered appliance. This includes careful and cautious handling of the appliance and its safe and secure storage, including during transport or carrying. For example, damage can easily occur if the TCL CARE-covered appliance is used in a humid atmosphere or in the rain. Such use of the appliance is also contrary to the manufacturer's instructions. Furthermore, careless handling of the appliance can lead to damage from liquids, falls, or breakage (e.g., washing in a washing machine or carrying the appliance in a trouser pocket). Such damage will not be covered by TCL CARE.
Mobile Devices: Mobile devices, depending on their design (mobile devices such as laptops, cameras, mobile phones, MP3 players, etc.), must be properly protected and, like portable computers, cameras, mobile phones, MP3 players, etc., must be properly protected and supervised during transport/carrying.
Business Use: An appliance intended for business purposes will be considered covered by TCL CARE only if, based on the manufacturer's data, it is suitable for such use.
The User is obliged to report any damage to TCL immediately upon becoming aware of it.
TCL CARE covers electronic appliances based on their relevant condition upon delivery, i.e., the configuration upon delivery without subsequent modifications, or accessories in their original packaging. In this regard, the appliance, modular set of appliances, or original accessories are covered by TCL CARE only if they are in their original packaging.
Article 16. Release from Obligation to Repair or Replace Appliance Covered by TCL CARE in Case of Breach of Obligations
Except in cases of malicious breach of obligations, TCL is obliged to repair or replace the appliance covered by TCL CARE to the extent that the breach is not the cause of the occurrence or determination of the event covered by TCL CARE.
Article 17. No Obligation to Repair or Replace Appliance Covered by TCL CARE for Specific Reasons
TCL is not obliged to repair or replace an appliance covered by TCL CARE if the User deceives or attempts to deceive TCL regarding facts crucial for determining the basis or amount of damage compensation. If deception or attempted deception is established by a final court ruling against the User.
In case of deception or attempted deception, the prerequisites from the previous paragraph are considered proven.
Article 18. Transfer or Sale of Appliance Covered by TCL CARE
Since TCL CARE covering electronic appliances refers to the serial number of the appliance, during the TCL CARE period, the appliance can be transferred/sold, and TCL CARE will continue to apply. During the TCL CARE period, the appliance can be transferred/sold, provided the new owner (User) accepts the rights and obligations under TCL CARE.
Article 19. Notification - Declaration of Intent Form
To the extent that the Law does not provide for a written form and to the extent that this contract does not provide otherwise, declarations and notifications intended for TCL, relating to the contractual relationship and delivered directly to TCL, will be issued in textual form.
Article 20. TCL CARE
TCL CARE consists of the properly completed TCL CARE form, these General Terms and Conditions, and the invoice for the purchased appliance covered by TCL CARE.
Article 21. TCL CARE Contact Information
Phone number: 011/425-0050
Website: https://tcl-promotion.com/rs/