Terms & Conditions of 5 Year Fabric Cover

GUARDSMAN FURNITURE PROTECTION PLAN

Your Guardsman Furniture Protection Plan is underwritten by Assurant General Insurance Ltd and covers You in the event of Accidental Damage or Stains to Your Product(s). However, Your Products are only covered if You follow the terms & conditions of this policy and You have paid the required premium.

1. Definitions

Words and phrases shown in "bold" have special meanings as detailed below.

"Accidental Damage" means any unexpected, sudden and unforeseen damage caused by external force being applied;

"Assurant" means Assurant General Insurance Limited whose registered address is 6-12 Victoria Street, Windsor, Berkshire, SL4 1EN. Assurant General Insurance Limited is authorised and regulated by the Financial Services Authority, reference number 202735

"Delamination" means the act of splitting or separating a laminate into layers

"Extensive Scratching" means and includes incidents of multiple scratching (including multiple areas) or any scratching which has occurred over a period of time and/or not reported to Guardsman at the time of the occurrence

"Guardsman" means Valspar Industries (UK) Limited, whose registered office is 152 Milton Park, Abingdon, Oxfordshire OX14 4SD and is regulated by the Financial Services Authority, reference 311766

"Product(s)" means the new item(s) (as detailed on Your sales invoice), which You purchased from DFS and issued with this individually numbered Sales Invoice

"Stain(s)" means any sudden and unforeseen spillage caused by food, drinks, human & animal bodily fluids, cosmetics, dyes, tar, inks, glue, soaps, wax, paints and caustic solutions

"You/Your" means the person who has purchased this Product(s)

"We, Us, Our" means Assurant

SECTION 1 - LIMITS OF COVER

1. Our maximum liability to You under this Guardsman Furniture Protection Plan is limited to the original purchase price of Your Product and shall not exceed £15,000.
2. This insurance is limited to the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland. Your Product is only covered if it remains within these geographical locations.
3. Cover is limited to Products in private residences and does not apply to use in commercial or sub-let premises.
4. Cover is limited to the time periods as detailed in section 3.

SECTION 2 - WHAT IS COVERED

Guardsman will cover You for the cost of the repair of Accidental Damage and Stain removal. We will cover Your Product once it has been delivered in satisfactory condition to Your home. We will cover Your Product if the cause of the damage can be identified. We will cover Your Product if We are the only insurer that You claim from for this incident. If a repair cannot be achieved, We may choose to replace the damaged part, and in the event of this not being possible, We may provide a replacement Product at Our discretion.

SECTION 3 – WHEN DOES COVER START & FINISH

Type of Cover Start date End date

Stains Date of delivery Expiry date of policy

Accidental Damage Date of delivery Expiry date of policy

SECTION 4 - WHAT IS NOT COVERED

Your Guardsman Furniture Protection Plan will not cover You for:

1. the incorrect use or application of any cleaning substances or materials;
2. any natural characteristic to the covering of the item;
3. damage during transit or storage, caused by contractors, neglect, abuse, misuse or malicious damage of the Product caused by You or Your family or any other person lawfully on Your premises;
4. damage caused by wild animals/birds, termites, insects, moths or vermin;
5. domestic pet damage caused by biting, chewing or Extensive Scratching;
6. any gradually occurring Stain or damage and general wear & tear;
7. colour loss, fading, fire, scorching, flood, burst pipes (including radiator leaks and spillages), sunlight, wind or weather; leaking roofs and conservatories, theft or any other similar external cause;
8. any other costs that are indirectly caused by the event which led to Your claim, unless specifically stated in this Guardsman Furniture Protection Plan;
9. routine repair/cleaning whether carried out by a Guardsman approved repairer/cleaner or another party;
10. any failure of repairs not undertaken as part of this Guardsman Furniture Protection Plan;
11. removal of odors even when caused by a Stain.

SECTION 5 - WHAT TO DO IN THE EVENT OF A SPILL

In the event of spill, You should act immediately. Blot liquid spills or remove solids with a clean white cloth/paper towel, work towards the centre of the spill. Do not rub as this will damage Your Product. Should a spill result in a Stain, follow the claims procedure in section 6 below.

SECTION 6 - CLAIMS PROCEDURE

In the event of a possible claim under this Guardsman Furniture Protection Plan please contact Guardsman as soon as practical by telephoning 0845 120 3236. Please have Your Guardsman Furniture Protection Plan document to hand. Guardsman will explain the claims process and give You information to help You with Your claim. To assist You with the claims procedure You will need to follow the notes and terms and conditions as detailed below.

1. All possible incidents that may give rise to a claim must be notified to Guardsman as soon as possible after the Accidental Damage or Stain is discovered. Delay in reporting the incident may result in permanent damage.
2. In order to claim, You will be required to complete a service request form. Guardsman may ask to inspect Your Product to help assess Your claim.
3. If Your claim is regarding Stains, depending on the nature of the claim Guardsman may supply You with a Stain removal solution. If the Stain removal solution does not remove the Stain and You require professional help, Guardsman will arrange for an approved technician to visit Your home.
4. We do not guarantee an exact match of colour, grain, sheen or pattern in the event of Your Product being repaired or replaced. In such circumstances Our liability is limited to the reasonable endeavors of a Guardsman approved technician. If a flaw or defect in the material is discovered within 365 days of the delivery date, please direct all enquiries to the retailer from whom Your Product was purchased for further information and advice.
5. Any Product replacement (at Our reasonable discretion) will be arranged by Guardsman and will be of a similar standard, specification and style as Your original Product, subject to the limit of cover as set out in Section 1.
6. If We agree to replace Your Product in full or in part:
   • We will take ownership of the original item or part, if We choose to do so;
   • We will have no further liability under this Guardsman Furniture Protection Plan for the replacement item or part; and
   • You must co-operate with Guardsman in arranging any delivery or collection.

SECTION 7 - GENERAL CONDITIONS

1. You should at all times ensure that reasonable care is taken of Your Product.
2. Our liability to You under this Guardsman Furniture Protection Plan will immediately cease:
   1. In the event of fraud or misrepresentation or any attempt by You or Your agent;
   2. If We have made a claim payment equal to the limit of cover set out in Section 1;
   3. On the expiry of the Guardsman Furniture Protection Plan; or
   4. If a claim has already been made for the Product under any other insurance.
3. This Sales Invoice and any endorsement hereon will contain all the terms and conditions relating to the cover of Your Product. The provisions of this cover are, where their nature permits, conditions precedent to Our liability under this Guardsman Furniture Protection Plan.
4. Unless We agree otherwise, English law will apply to this Guardsman Furniture Protection Plan.
5. Insurers share information with each other to prevent fraudulent claims via a register of claims. A list of participants is available on request. In the event of a claim, any information You have supplied relevant to this insurance and on the service request form, together with other information relating to the claim, will be provided to the register. If a claim is fraudulent or any false information is provided in relation to any policy or claim, all benefits under this policy will be forfeited. We will keep the premium You have paid Us. We may also prosecute You.
6. We are covered by the Financial Services Compensation Scheme (FSCS). If We are unable to meet Our liabilities You may be entitled to compensation from the FSCS. Further information is available from their website: www.fscs.org.uk.
7. Any change of Your address must be notified, in writing, by the policyholder, to Guardsman.
8. This Guardsman Furniture Protection Plan may be transferred to another named party (subject to the payment of a £20.00 administration fee made payable to Guardsman) by returning Your Sales Invoice and supplying the full name and address of the new Guardsman Furniture Protection Plan holder together with the transfer date. The transfer will not be effective unless Guardsman receive from You this Sales Invoice and the administration fee.
9. You will be liable for any costs falling outside this Guardsman Furniture Protection Plan.
10. It will be a condition precedent to Our liability that You comply with each of the above terms and conditions of this Guardsman Furniture Protection Plan.
11. We may need to change the terms of this policy under certain circumstances such as a requirement for change under legislation or regulation. We will always give You at least 60 days' written notice of any change.

SECTION 8 - WHEN COVER ENDS

1. All cover under this Guardsman Furniture Protection Plan and all benefits will automatically end on the earliest of the following:
   • 5 years after the date of delivery.
   • The date You or We cancel Your insurance as set out under the terms of this Guardsman Furniture Protection Plan;
   • The date We replace Your Product in full;
   • In respect of each of Your Products, the date We compensate You for the full loss of Your Product.
2. Where We replace Your Product in part or in full, all cover under this Guardsman Furniture Protection Plan and all benefits will automatically end in respect of the replacement item or part.

SECTION 9 - YOUR RIGHT TO CANCEL

1. You may cancel this cover by contacting the DFS store from whom Your Product was purchased within 30 days of the delivery date of Your Product and providing You have not made a claim, a full refund of premium will be due to You. If the Product(s) has been pre-treated with a Stain protector a 75% refund will be given.
2. If You wish to cancel Your policy after the initial 30 day period, You can do so by writing to Guardsman. If You have not made a claim and wish to cancel Your policy, You will be entitled to a proportional refund. Which will be calculated based on the number of complete months of the policy remaining from the date You request the policy to be cancelled. For example, if You paid a Premium of £150.00 and request that Your policy is cancelled during the 24th month, You will be entitled to a refund for the remaining full 36 months. This will be calculated as 36/60th of the Premium You have paid as follows: The Premium taken for a policy is £150.00, therefore the refund would be £150.00/60 x 36 = £90.00 less any administration fee(s) detailed
3. Guardsman will apply an administration fee of £40 to a policy cancellation made after the initial 30 days which will be deducted from any refund given.
4. If Your furniture has been pre-treated with a Stain protector a further £25 will be deducted from any refund.
5. If a furniture care kit was provided by Your retailer a further £25 will be deducted from any refund.
6. Cancellations will not be backdated. Where You have made a claim or where there has been an incident likely to give rise to a claim during the current period of cover and You wish to cancel Your policy You will not be entitled to a refund.

SECTION 10 - COMPLAINTS

Although We and Guardsman set ourselves high standards, if we do not meet Your expectations or You are dissatisfied in some way we would like to know. If You follow the guidelines below, Your complaint will be dealt with in the most efficient way possible. Please quote Your Guardsman Furniture Protection Plan reference number or claim number so that Your enquiry can be dealt with quickly. Please write to the Claims Manager at, Guardsman, 152 Milton Park, Abingdon, Oxfordshire, OX14 4SD or email complaints@guardsman.co.uk or call 01235 444798.

If You are still not satisfied with the way Your complaint has been dealt with, You can ask the Financial Ombudsman Service (FOS) to review Your case. Write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR. Telephone 0845 080 1800. Referral to the FOS does not affect Your right to take legal action against Us. In order for the Financial Ombudsman Service to review Your case, You must send Your complaint to them within 6 months of the date of our final correspondence to You.

SECTION 11 - NOTICE TO CUSTOMERS

You are advised that any telephone calls You make regarding this policy may be monitored or recorded. This is to monitor the accuracy of information provided by Our customers. It may also be used to provide additional training to staff or to prove that Our procedures comply with legal and regulatory requirements.

SECTION 12 - PRIVACY STATEMENT

1. For the purposes of the Data Protection Act 1998, Assurant and Guardsman are the data controllers for any personal information You give in relation to any claim under this Guardsman Furniture Protection Plan. Assurant and Guardsman will keep Your personal information confidential and will only use it or process it as allowed by law. Both Assurant and Guardsman will make sure that the information they hold about You is accurate and up to date, and will not keep it for longer than it is needed. Assurant and Guardsman will protect Your information against unauthorised or unlawful processing, and accidental loss or damage to the information.
2. Assurant and Guardsman will use Your data for a number of different purposes, including the following:
   • To manage Your policy.
   • To assess Your application and any claims including carrying out credit checks and fraud checks.
   • To contact You with details of changes to the Products You have bought.
   • For review and analysis of the Guardsman Furniture Protection Plan.
   • To meet legal conditions or rules.
   • To identify You when You contact Guardsman.
   • Guardsman may send You marketing literature. If You do not wish to receive such information please contact Policy Administration at Guardsman on 01235 444747 or marketingoptout@guardsman.co.uk.
3. Assurant and Guardsman may need to share Your personal data with service providers, agents and other subsidiaries for these purposes. Some of these parties may be located outside the European Economic Area (the EEA). The data protection laws and other laws of these countries may not be as comprehensive as those that apply within the EEA - in these instances Assurant and Guardsman will take steps to ensure that Your privacy rights are respected and Your personal information processed in strict compliance with the Data Protection Act 1998. Details of the countries relevant to You will be provided to You upon request. 4. Sensitive personal data - If You provide sensitive personal data, Assurant, Guardsman and related companies may also process it, both manually and electronically, for the same purposes described in this privacy statement.
4. If Assurant, Guardsman or a related company, are reorganised or sold to another organisation the personal data You have given, may be transferred to that reorganised organisation or new organisation, and used for the purposes set out in this Privacy Statement. The new organisation will deal with Your personal data in line with UK law or, if they transfer Your information to countries which do not provide the same level of protection as the UK, Your personal data will be protected as if UK law applied.
5. You have the right to access the information that Assurant and Guardsman hold on You at any time. If You wish to see Your information then please write to the respective companies at the addresses set out in the section "definitions".