The words or expressions detailed below have the following meaning wherever they appear in this policy in bold.
i) Definitions of cover types:
Accidental damage: The sudden and unforeseen damage to the product(s) not otherwise excluded under this policy.
Accidental staining: The sudden and unforeseen contact between the product(s) and a substance resulting in a stain to the product(s) not otherwise excluded under this policy.
Structural defects: Faults found outside of the manufacturers guarantee period that have occurred due to faulty or defective components.
ii) Definitions of coverage:
Administrator: Castelan Limited, appointed to administer this insurance on behalf of the insurer. Their registered address is Alpha House, Sunnyside Road North, Weston-super-Mare, North Somerset, BS23 3QY. Registered number: 7637133. Cabinet furniture: Dining, bedroom, home office and occasional furniture.
Child: For the purposes of this policy, a child is defined as a minor of 12 years or less.
Insured, you, your: The person or persons whose name and address is shown under ‘INSURED’
shown on the front of this Certificate of Insurance.
Insurer, our, us, we: Helvetia Schweizerische Versicherunsgesellschaft.
Leather: a material made from the skin of an animal or artificially man made substitute.
Maximum liability: You are covered for cleaning, repairs or replacement up to a maximum of £15,000 or up to the original purchase price of the damaged product whichever is lower in settling any one claim or all claims in total made during the period of cover. Period of cover: the period specified on the front of this Certificate of Insurance.
Product, products: The item(s) detailed under ‘PRODUCT(S) COVERED’ shown on the front of this Certificate of Insurance.
Transit damage: Damage caused to the product when it is moved between properties.
Wear and tear: the gradual deterioration associated with normal use and age of the product.
2 PERIOD OF COVER
i) Your insurance for accidental staining and accidental damage will start from the date shown on the front of this Certificate of Insurance;
ii) Your insurance for structural defects will start following the expiry of the manufacturer’s guarantee;
iii) Your insurance terminates as soon as any of the following alternatives occur:
a) Your policy expires;
b) You, or anyone representing you defrauds or deliberately misleads us or the administrator; or
c) The maximum liability is reached (as stated above) ; or
d) Your claim has been settled by credit note or cash settlement; or
e) The premium for this insurance is not paid; or
f) You modify the product.
It is our intention that this insurance cannot be renewed.
3 ADMINISTRATION TERMS AND CONDITIONS
i) The administrator will arrange and administer your insurance, cover and settle all claims in accordance with the service standards provided by this insurance.
ii) You are responsible for informing the administrator of a change of your address by phoning
01934 416 614 or by writing to Castelan Ltd, Administration Manager, Alpha House, Sunnyside Road North, Weston-super-Mare, North Somerset, BS23 3QY, United Kingdom.
iii) You must co-operate with us in obtaining reimbursement of any costs we incur under the terms of this cover, which may have been caused by the action of a third party, against whom you have a legal right of action.
iv) We may amend these Terms and Conditions for legal or regulatory reasons or for reasons relating to the availability of the product. Where this change benefits you, we will make the change immediately and notify you of the change within 28 days. In all other cases we will write to advise you of the change at least 28 days prior to any change taking effect. Where the changes do not benefit you and if you wish to terminate your policy, you may terminate your cover and we will refund your premium for the remainder of the period of cover shown on your Certificate of Insurance, unless a claim has been made.
4 WHAT IS COVERED
Each cover type described below only applies if you have paid the appropriate premium and is shown on the front of this Certificate of Insurance within the section ‘What is Covered’.
i) STAINING TREATED Accidental staining from any substance subject to the application of a pre-approved fabric protector.
ii) STAINING UNTREATED
a) Accidental staining from any substance except corrosive substances and bleach to fabric, cabinet furniture, carpet and beds: Without the application of a pre-approved fabric protector.
b) Leather: Accidental staining from any substance.
NOTE: Fabric and leather is limited to cover for sudden and accidental dye transfer from newspaper print and/or clothing only.
iii) ACCIDENTAL DAMAGE
a) Fabric and beds: Accidental damage resulting in a:
• Rip or tear;
b) Leather: Accidental damage resulting in a:
• Rip or tear;
c) Cabinet furniture: Accidental damage resulting in a:
• Heat ring(s);
• Breakage of glass components.
Accidental staining and accidental damage: Pet damage and deliberate damage by a child are limited to only one incident each during the period of cover.
Please note that this policy provides cover for specific accidental events and staining and is not a general cleaning or maintenance contract. As such, cover is not provided for staining or damage, accidental or otherwise, which has occurred or accumulated over a period of time.
iv) STRUCTURAL DEFECTS
Structural defects limited to:
• Breakage or separation of frame components,
• Breaking or bending of metal mechanisms or other metal components,
• Defective mechanical and electrical recliner mechanisms,
• Cushion Interiors and webbing,
• Broken zips,
• Broken castors,
• Peeling of leather and peeling/lifting of veneer,
• Unstitching of buttons or failure of any stitching.
NOTE: Structural defects arising during the manufacturer’s guarantee must be reported to the retailer from whom you purchased your product and will be dealt with under the manufacturer’s guarantee.
5 WHAT IS NOT COVERED
Any claim for or resulting from the following will not be valid:
1 Damage caused deliberately by any person or child other than the first incident of deliberate damage by a child covered under this insurance;
2 Any damage resulting from wear and tear;
3 Neglect, abuse, or misuse of the product;
4 The effects of sunlight, wind, weather, rusting, radiation, building fire, smoke damage, flooding or corrosion upon the product;
5 Structural defects in products manufactured with a defective design or specification;
6 Changes in colour of any part of the product caused by sunlight, perspiration; natural hair and body oils or wear and tear;
7 The gradual accumulation of stains or dye transfer;
8 Accidental staining or accidental damage to products used in a food preparation area;
9 Accidental staining or accidental damage caused by the use of incorrect or inappropriate cleaning products or cleaning methods;
10 The removal of any odour even where caused by a stain;
11 Any transit damage;
13 Damage caused by pets after the first incident of pet damage covered under this insurance, (except accidental staining caused by pet fluids);
14 Damage caused by any animal other than your pet(s).
15 Costs, expenses or any other financial loss, such as loss of earnings, other than the cost we agree for cleaning, repairing or replacing the product;
16 Use of the product in business premises or in residential premises which you let or sublet;
17 Use of the product outside the United Kingdom, Channel Islands and the Isle of Man; and
18 Structural defects first discovered before the expiry of the manufacturer’s guarantee.
6 CLAIM PROCESS
For details on how to make a claim please see the front of this certificate.
HOW WE WILL SETTLE CLAIMS: Valid claims will be settled by cleaning, repairing or replacing the damaged product. If a repair can be made, it must be considered prior to a replacement being considered. Neither the value of repairs or replacement shall exceed the maximum liability.
Where we are not able to clean, repair or replace the damaged product satisfactorily we will issue a credit note for use at the same retailer from which you originally purchased the product or if the retailer has ceased to trade or has moved, we will issue a credit note for use at a similar retailer of our choice that is local to you.
We may choose to provide an offer of cash settlement in lieu of replacement, this will be lower than the value of the credit note and takes into account any discounts we may have received by issuing a credit note. The damaged product will remain your property in its current condition.
The value of the credit note will be the amount you paid for the product less any previous claim costs, subject to the maximum liability. Where items are non-integral and therefore easily separated, such as a mattress and base or arm caps, scatter cushions and other accessories, they are treated as separate products in the event of a claim.
If your claim is settled by credit note we reserve the right to take sole ownership of the defective product. If we chose to take ownership, the defective product will be collected following the delivery of the replacement product. If we choose not to collect the defective product as above, the ownership of it and the responsibility for it will remain solely with you.
Helvetia Schweizerische Versicherunsgesellschaft and in the matter of a claim act on their behalf.
7 FRAUDULENT CLAIMS
You must not act in a fraudulent manner. If you (or anyone acting for you):
i) Make a claim under the insurance knowing the claim to be false or fraudulently exaggerated in any respect;
ii) Make a statement in support of a claim knowing the statement to be false in any respect;
iii) Submit a document in support of a claim knowing the document to be forged or false in any respect; or
iv) Make a claim in respect of any loss or damage caused by your wilful act;
a) Will not pay the claim or any other claim made under the insurance;
b) Will declare the insurance void and not make any return of premium;
c) Will be entitled to recover from you the amount of any claim already paid under the insurance; and
d) May inform the police of the circumstances.
8 CANCELLATION AND REFUNDS
If you decide that for any reason, this policy does not meet your insurance needs then please return it to the store where you bought the product together with the sales receipt or invoice and Certificate of Insurance within 14 days from receipt of your Certificate of Insurance. On the condition that no claims have been made or are pending, we will then refund your premium in full. No refund of premium will be made if you have made a claim or if you cancel the policy after 14 days from receipt of your Certificate.
The insurer shall not be bound to accept renewal of any insurance and may at any time cancel any insurance document by giving 14 days’ notice in writing where there is a valid reason for doing so. A cancellation letter will be sent to You at Your last known address. Valid reasons may include but are not limited to:
b) Non-payment of premium
c) Threatening and abusive behaviour
d) Non-compliance with policy terms & conditions
Provided the premium has been paid in full You will be entitled to a proportionate rebate of premium in respect of the unexpired period showing on the insurance.
9 CONSUMER INSURANCE ACT
You are required by the provisions of the Consumer Insurance (Disclosure and Representations) Act to take care to:
a) supply accurate and complete answers to all the questions we or the administrator may ask as part of your application for cover under the policy;
b) to make sure that all information supplied as part of your application for cover is true and correct;
c) tell us of any changes to the answers you have given as soon as possible.
Failure to provide answers in-line with the requirement of the Act may mean that your policy is invalid and that it does not operate in the event of a claim.
10 GENERAL TERMS AND CONDITIONS
i) You cannot transfer this Certificate of Insurance to another person;
ii) You and your family must take all reasonable precautions to safeguard the product and to avoid loss or damage to it. This includes, but is not limited to, ensuring that the product is maintained in accordance with the manufacturer’s instructions. If you fail to do so any claim you make may be rejected by the administrator;
iii) Unless some other law is agreed in writing, this policy is governed by English law. If there is a dispute, it will only be dealt with in the courts of England or of the country within the United Kingdom in which your main residence is situated.
iv) To improve the quality of our service, we will be monitoring and recording some telephone calls.
v) When your cover under the policy ends it will not have a cash or surrender value;
11. COMPLAINTS PROCEDURE
If you have a complaint, in the first instance please phone: 01934 416 614 or email:
firstname.lastname@example.org or write to: Castelan Ltd, Customer Care Manager, Alpha House, Sunnyside Road North, Weston-super-Mare, North Somerset, BS23 3QY, United Kingdom.
In all correspondence please state that your insurance is provided by Helvetia Schweizerische Versicherunsgesellschaft.
If it is not possible to reach an agreement, you have the right to make an appeal to the Financial Ombudsman Service. This also applies if you are insured in a business capacity and have an annual turnover of less than €2 million and fewer than ten staff. You may contact the Financial Ombudsman Service at: The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, Docklands, London, E14 9SR. Tel: 0845 080 1800
If your complaint is related to a recent Leekes installation (e.g. windows) and you could not reach an agreement with Leekes, you have the right to make an appeal to the IDRS (International Dispute Resolution Centre). You may contact the IDRS at: Centre for Effective Dispute Resolution, International Dispute Resolution Centre, 70 Fleet Street, London, EC4Y 1EU. Tel: 020 7520 3800
The above complaints procedure is in addition to your statutory rights as a consumer. For further information about your statutory rights contact your local authority Trading Standards Service or Citizens Advice Bureau.
FINANCIAL SERVICES COMPENSATION SCHEME
Ageas Insurance Limited are covered by the Financial Services Compensation Scheme (FSCS).
You may be entitled to compensation from the scheme, if they cannot meet their obligations.
This depends on the type of business and the circumstances of the claim. Most insurance contracts are covered for 90% of the claim with no upper limit. You can get more information about compensation scheme arrangements from the FSCS or visit www.fscs.org.uk
HOW WE USE YOUR INFORMATION
Please note that any information provided to us will be processed by us and our agents in compliance with the provisions of the Data Protection Act 1998, for the purpose of providing insurance and handling claims, if any, which may necessitate providing such information to third parties. We may also send the information in confidence for process to other companies acting on their instructions including those located outside the European Economic Area.
The Castelan group of companies and its selected partners may use your data for the purposes of training, testing, quality control, research and statistical analysis. The Castelan group of companies
may also use your data to keep you informed by post or telephone of any products or services which they consider may be of interest to you. If you do not want to receive such information please write to the Castelan Limited address above marking the communication ‘For the attention of the Data Protection Officer, Customer Relations Department’.
To help keep your information accurate and up to date we may use information from selected third parties. Upon payment of a small administration fee you have the right (subject to certain limited exceptions) to access and, if necessary, rectify information held about you. If you do wish to make such an inspection please write to Castelan Limited, Alpha House, Sunnyside Road North, Weston-super-Mare, North Somerset. BS23 3QY marking any correspondence ‘For the attention of the Data Protection Officer, Customer Relations Department’.