Terms & Conditions of 5 Year Leather Cover

INTRODUCTION

This insurance is arranged by Castelan Limited & underwritten by UK General Insurance Ltd on behalf of Great Lakes Reinsurance (UK) SE, Registered in England No. SE000083. Registered Office: Plantation Place 30 Fenchurch Street, London, EC3M 3AJ Castelan Limited and UK General Insurance Limited are authorised and regulated by the Financial Conduct Authority. Great Lakes Reinsurance (UK) SE, is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. This can be checked on the Financial Services Register at www.fca.org.uk/firms/systems-reporting/register or by calling them on 0800 111 6768.

TERMS AND CONDITIONS

Please read this document carefully as there are conditions and exclusions which limit your cover, we do not wish you to discover after an incident has occurred that you are not insured. If you have any queries, please call the Administrator on 01934 423 758 from the UK or 01 2000 200 from the Republic of Ireland (ROI).

1. DEFINITIONS

Each time we use one of these words it will have the same meaning:

Administrator: The authorised Administrators, 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.

Terms and Conditions: Confirmation of your cover detailing the product covered and details of the Insured.

Insured, you, your: The person or persons whose name and address is shown on Your Terms and Conditions

Insurer, our, us, we: UK General Insurance Ltd on behalf of Great Lakes Reinsurance (UK) SE

Maximum Liability: Leather Upholstery: You are covered for cleaning, repairs or replacement up to a maximum of £15,000 in the UK or €22,500 in ROI 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 term of cover from the start date of your policy, as shown on your Terms and Conditions.

Product: The item(s) detailed under ‘PRODUCT(S) COVERED’ shown on your Terms and Conditions. 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.

2. PERIOD OF COVER

  1. (i) Your insurance for Staining and Accidental Damage will start from the date shown on your Terms and Conditions;
  2. (ii) Your insurance terminates as soon as any of the following alternatives occur:
  3. (a) Your policy expires;
  4. (b) You, or anyone representing you defrauds or deliberately misleads us or the Administrator; or
  5. (c) The maximum liability is reached (as stated above) or;
  6. (d) Your claim has been settled by credit note or cash settlement; or
  7. (e) The premium for this insurance is not paid; or
  8. (f) You modify the product.

It is our intention that this insurance cannot be renewed.

3. ADMINISTRATION TERMS AND CONDITIONS

  1. (i) The Administrator will arrange and administer your insurance cover and settle all claims in accordance with the service standards provided by this insurance.
  2. (ii) The Administrator reserves the right to cancel this policy by giving you at least 7 days’ notice at your last known address. If the Administrator cancels the policy, the Administrator will refund your premium for the remainder of the current policy period shown on your Terms and Conditions, unless a claim has been made.
  3. (iii) You are responsible for informing the administrator of a change of your address by phoning 01934 423 758 or by writing to Castelan Ltd, Administration Manager, Alpha House, Sunnyside Road North, Weston-super-Mare, North Somerset, BS23 3QY, United Kingdom.
  4. (iv) 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.
  5. (v) 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 policy period, unless a claim has been made.

4. WHAT IS COVERED

Each element of cover described below only applies to the extent it is included in your Terms and Conditions

STAINING as follows:

  1. (i) STAINING: Leather and Leather-Look upholstery: Resulting from sudden and accidental contact with any substance.
  2. NOTE: Leather and Leather-Look upholstery is covered against sudden and accidental dye transfer from newspaper print and / or clothing under staining
  3. (ii) ACCIDENTAL DAMAGE
    1. Leather and Leather-Look upholstery: a sudden and accidental event resulting in a rip, tear, burn, scratch, puncture or scuff.
    2. Staining and Accidental Damage: Pet damage and deliberate child damage are limited to only one incident each during the Period of Cover.

      5. WHAT IS NOT COVERED

      Any claim for or resulting from the following will not be valid

      1. 1. Damage caused deliberately by any person other than the first incident of deliberate child damage covered under this insurance;
      2. 2. Wear and tear consistent with the initial quality of the product and the manner in which the product is used;
      3. 3. Neglect, abuse, or misuse of the product;
      4. 4. The effects of sunlight, wind, weather, rusting, radiation, building fire, smoke damage, flooding or corrosion upon the product;
      5. 5. Changes in colour of any part of the product regardless of the cause, other than staining as described in 4(i);
      6. 6. Stains caused by the gradual build-up of dye transfer;
      7. 7. Staining or Accidental Damage to products used in a food preparation area;
      8. 8. Use of incorrect or inappropriate cleaning products or cleaning methods;
      9. 9. The removal of any odour even where caused by a stain;
      10. 10. Damage caused whilst the product is in transit;
      11. 11. Damage caused by pets (except pet fluids) after the first incident of pet damage covered under this insurance;
      12. 12. Damage caused by insects, non-domestic animals or wild birds (except animal fluids);
      13. 13. Costs, expenses or other financial loss other than the cost we agree for cleaning, repairing or replacing the product;
      14. 14. Use of the product in business premises or in residential premises which you let or sublet;
      15. 15. Use of the product outside the United Kingdom, Channel Islands and the Isle of Man.
      16. 16. War: Any direct or indirect consequence of war, civil war, invasion, acts of foreign enemies (whether war be declared or not), rebellion, revolution, insurrection, military or usurped power, or confiscation, nationalisation, requisition, destruction of or damage to property by or under the order of any government, local or public authority.
      17. 17. Terrorism: Any direct or indirect consequence of terrorism as defined by the Terrorism Act 2000 and any amending or substituting legislation. We will, however, cover any loss or damage (but not related cost or expense, caused by any act of terrorism provided that such act did not happen directly or indirectly because of biological, chemical, radioactive or nuclear pollution or contamination or explosion.
      18. 18. Radiation: Any direct or indirect consequence of: Irradiation, or contamination by nuclear material; or The radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter; or Any device or weapon which employs atomic or nuclear fission or fusion or other comparable reaction or radioactive force or matter.
      19. 19. Electronic Data: Any consequence, howsoever caused, including but not limited to Computer Virus in Electronic Data being lost, destroyed, distorted, altered, interpretations, or processing by electronic or electromechanical data processing or other electronically controlled hardware, software and other coded instructions for the processing and manipulation of data, or the direction and manipulation of such hardware. For the purposes of this Policy, Computer Virus shall mean a set of corrupting, harmful, or otherwise unauthorised instructions or code, whether these have been introduced maliciously or otherwise, and multiply themselves through a computer system or network of whatsoever nature.

      6. HOW TO CLAIM

      HOW TO MAKE A CLAIM: Telephone the Administrator on 01934 423 758 from the UK or 01 2000 200 from ROI within 72 hours of discovery and state your Invoice Number shown on your Terms and Conditions and the nature of your claim. The Administrator will then decide if your claim meets the criteria stated in these Terms and Conditions. The Administrator may inspect the product to help them assess your claim and may require you to complete a claim form.

      HOW WE WILL SETTLE CLAIMS: Valid claims will be settled by cleaning, repairing or replacing the damaged product at our discretion up to a value not exceeding the maximum liability. Where we are not able to clean, repair or replace the damaged product satisfactorily:

      1. (a) We will issue a credit note for use at the same retailer from which you originally purchased the product,
      2. (b) 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, or
      3. (c) We may choose to provide an offer of cash settlement in lieu of replacement whereby the damaged product will remain your property in its current condition.
      4. The value of the credit note will be the amount you paid for the product less any previous claims, or if the damaged item is non-integral and therefore easily separated, for the cost of replacing that item only, subject to the maximum liability.

      If your claim is settled by credit note we reserve the right to take sole ownership of the defective product. If we wish to take such ownership, the defective product will be collected at the same time as the replacement product that you select is delivered. Until such time you cannot sell or dispose of the defective product without the Administrator’s prior written consent. 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.

    3. UK General Insurance Ltd is an agent of Ageas Insurance Limited and in the matter of a claim act on their behalf.
    4. 7. FRAUDULENT CLAIMS

      You must not act in a fraudulent manner. If you (or anyone acting for you):

      1. (i) Make a claim under the insurance knowing the claim to be false or fraudulently exaggerated in any respect;
      2. (ii) Make a statement in support of a claim knowing the statement to be false in any respect;
      3. (iii) Submit a document in support of a claim knowing the document to be forged or false in any respect; or
      4. (iv) Make a claim in respect of any loss or damage caused by your wilful act;

      We:

      1. (a) Will not pay the claim or any other claim made under the insurance;
      2. (b) Will declare the insurance void and not make any return of premium;
      3. (c) Will be entitled to recover from you the amount of any claim already paid under the insurance; and
      4. (d) May inform the police of the circumstances.

      8. CANCELLATION AND REFUNDS

      You may cancel this insurance and receive a full refund of any premium you have paid by returning to the store where you bought the product together with the sales receipt or invoice and these Terms and Conditions within 30 days from receipt of your furniture. No refund of premium will be made if you have made a claim or if you cancel the policy at a later date.

      9. GENERAL TERMS AND CONDITIONS

      1. (i) You cannot transfer this Furniture and Conditions to another person;
      2. (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;
      3. (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.
      4. (iv) To improve the quality of our service, we will be monitoring and recording some telephone calls;
      5. (v) When your cover under the policy ends it will not have a cash or surrender value.

      10. COMPLAINTS PROCEDURE

      If you have a complaint, in the first instance please phone: 01934 423 758 from the UK or 01 2000 200 from the ROI or email: [email protected] 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 UK General Insurance and quote scheme reference 04146.

      If your complaint cannot be resolved by the end of the next working day, the administrator will pass it to:

      Customer Relations Department, UK General Insurance Limited, Cast House, Old Mill Business Park, Gibraltar Island Road, Leeds, LS10 1RJ. Tel: 0845 218 2685

      Email: [email protected]

      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

      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.

      11. FINANCIAL SERVICES COMPENSATION SCHEME

      Great Lakes Reinsurance (UK) SE, is 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.

      12. 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, Aplha 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’.

      Prices: Wherever you place your order with DFS, all products made to customers' specifications are on sale at the same price in every store and online. DFS products are always at their normal price for at least as long as they are at a sale/special offer price.

      This information can be supplied in large print, braille or audio on request by calling DFS Customer Services on 01302 330365.