Castelan Warranties
DEMANDS AND NEEDS: This insurance policy meets the demands and needs of those who wish to insure their product against accidental staining, accidental damage and structural defects for the period of cover.
INTENTION OF THIS INSURANCE: The intention of this insurance policy is to provide cover for specific individual accidental events that result in staining or damage to your new product. It 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 or is from normal everyday use. Furthermore, this insurance policy will also provide cover for structural defects or faults found outside of the manufacturer’s guarantee period but are not as a result of wear and tear through use of the product.
You and your family must take all reasonable precautions to safeguard the product and to avoid 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.
INTRODUCTION
Accidental staining, accidental damage and structural defects insurance policy is arranged and administered by Castelan Limited and underwritten by Novus Underwriting Limited on behalf of Helvetia Global Solutions Ltd, UK Branch.
Castelan Limited is registered in England and Wales under Company No. 7637133, with its registered office address at Alpha House, Sunnyside Road North, Weston-super-Mare, North Somerset, BS23 3QY. Castelan Limited is authorised and regulated by the Financial Conduct Authority (Firm Reference No. 572287).
Novus Underwriting Limited is registered in England and Wales under Company No. 10844265, with its registered office address at Cumberland House, 129 High Street, Billericay, Essex, CM12 9AH. Novus Underwriting Limited is an appointed representative of Consilium Insurance Broker Ltd, which is authorised and regulated by the Financial Conduct Authority (Firm Reference No. 306080).
Helvetia Global Solutions Ltd, UK Branch is registered under UK establishment number BR024650, 6 Bevis Marks, London, EC3A 7BA. Helvetia Global Solutions Ltd is incorporated in Liechtenstein, registration number FL-0002.191.799-9, registered office Äulestrasse 60, FL-9490, Vaduz, Liechtenstein. Helvetia Global Solutions Ltd is authorised and regulated by the Liechtenstein Financial Market Authority. Authorised by the Prudential Regulation Authority. Subject to regulation by the Financial Conduct Authority and limited regulation by the Prudential Regulation Authority. Details about the extent of our regulation by the Prudential Regulation Authority are available from us on request. (Firm Reference Number 454140).
The authorisation details of each firm can be checked on the Financial Services Register at https://register.fca.org.uk/ or by calling 0800 111 6768.
As the retailer ultimately acts as agent for the insurer under a delegated authority, monies paid to (or held by) the retailer in relation to the insurance contract are treated as having been paid to (or held by) the insurer
1 DEFINITIONS
The words or expressions detailed below have the following meaning wherever they appear in this policy in bold.
Accidental damage: A sudden and unforeseen accidental event resulting in damage to the product(s) not otherwise excluded under this policy.
Accidental staining: A sudden and unforeseen accidental event, resulting in a stain to the product(s) not otherwise excluded under this policy.
Administrator: Castelan Limited, appointed to administer this insurance policy on behalf of the insurer.
Cabinet furniture: Dining, bedroom, home office and occasional furniture.
Data Controller: The insurer and administrator, who each determine the purposes and means of processing your personal data.
Insured, you, your: The person or persons whose name and address is shown under the ‘Insured’ section on your Certificate of Insurance.
Insurer, our, us, we: by Novus Underwriting Limited on behalf of Helvetia Global Solutions Ltd, UK Branch.
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 in the ‘Policy Details’ section on your Certificate of Insurance.
Product, products: The item(s) detailed under the ‘Policy Details’ section on your Certificate of Insurance.
Structural defects: Faults found outside of the manufacturer’s guarantee period that have occurred due to faulty or defective components not otherwise excluded under this policy.
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 ELIGIBILITY
You are eligible to take out this policy if you meet all of the following criteria:
• you are 18 or older at the date of purchase;
• you are resident in the UK, Channel Islands or Isle of Man;
• the price of the product(s) purchased has a value of no more than £15,000;
• the product(s) must be used for your own domestic purposes; and
• the product(s) must be new at the start date of this policy and free from damage.
3 PERIOD OF COVER
i) Your cover for accidental staining and accidental damage will start from the date shown in the ‘Policy Details’ section on your Certificate of Insurance.
ii) Your cover for structural defects will start following the expiry of the manufacturer’s guarantee.
iii) Your insurance terminates as soon as any of the following events occur:
a) your policy expires on the date shown in the ‘Policy Details’ section on your Certificate of Insurance; or
b) you, or anyone representing you defrauds or deliberately misleads us or the administrator; or
c) The maximum liability is reached; or
d) your claim has been settled by replacement, credit note or alternative settlement; or
e) the premium for this insurance is not paid; or
f) you modify the product; or
g) you or the insurer cancels the policy in accordance with section 8 ‘Cancellations and Refunds’.
It is our intention that this insurance cannot be renewed.
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 (Fabric Protector applied)
Accidental staining from any substance subject to the application of a pre-approved fabric protector.
ii) STAINING UNTREATED (No Fabric Protector applied)
a) Fabric, cabinet furniture, carpet and beds: Accidental staining from any substance except corrosive substances and bleach.
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 • Burn
b) Leather: Accidental damage resulting in a:
• Rip or tear • Burn • Scratch • Puncture • Scuff
c) Cabinet furniture: Accidental damage resulting in a:
• Dent • Burn • Chip • Scratch • 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.
NOTE: Please report each claim as it happens. Cover is not provided for staining or damage, accidental or otherwise, which has occurred or accumulated over a period of time.
iv) STRUCTURAL DEFECTS
If shown within ‘What is Covered’ on the front of this Certificate of Insurance, you are covered under this insurance policy for certain kinds of defects or faults with your product found outside of the manufacturer’s guarantee period, namely;
• Breakage or separation of frame components • Warping,
• Breaking or bending of metal mechanisms or other metal components
• Defective mechanical and electrical recliner mechanisms
• Cushion Interiors and webbing • Fascias • 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 covered:
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 Any damage resulting from neglect, abuse, or misuse of the product;
4 The effects of sunlight, wind, weather, rusting, radiation, building fire, smoke damage, flooding, water damage from leaking pipes or corrosion upon the product;
5 Structural defects in products manufactured with a defective design or specification and subject to a manufacturer recall;
6 Changes in colour or damage to 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, or by accumulated multiple stains or by unidentifiable stain(s);
8 Stains caused by dye transfer unless resulting from sudden contact with clothing or newspaper and magazine print;
9 Accidental staining or accidental damage to products used in a food preparation area;
10 Any transit damage;
11 Accidental staining or accidental damage caused by the use of incorrect or inappropriate cleaning products or cleaning methods;
12 The removal of any odour even where caused by a stain;
13 Any damage caused during delivery, assembly or disassembly of the product;
14 Damage caused by pets after the first incident of pet damage under this insurance, (except accidental staining caused by pet fluids);
15 Damage caused by any animal other than your pet(s);
16 Natural characteristics of leather such as brands, bites, tick marks and opened scars;
17 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;
18 Use of the product in business premises or in residential premises which you let or sublet;
19 Use of the product outside the United Kingdom, Channel Islands and the Isle of Man;
20 Structural defects first discovered before the expiry of the manufacturer’s guarantee period;
21 Damage not consistent with the original claim or misrepresentation of an occurrence;
22 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;
23 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;
24 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.
6 CLAIM PROCESS
HOW TO MAKE A CLAIM
The easiest way to register your claim is online at claim.castelangroup.com. You can also call the administrator on 01934 416 614. Any claim should be made as soon as possible, but no longer than 28 days after noticing the damage. If you report a claim after 28 days we may not consider your claim. Claims outside of this timeframe will be considered on a case by case basis.
HOW WE WILL SETTLE CLAIMS:
Valid claims will be settled by cleaning or repairing the damaged product. If the product cannot be cleaned or repaired, we will provide a replacement or an alternative settlement.
CLEANING:
In the event of a claim for accidental staining, the administrator’s first response may be the despatch of a specialist cleaning product for you to use on the stain. If the cleaning product is unsuccessful in removing the stain, please follow the instructions provided with the cleaning product. The administrator may then arrange for an inspection of your product to decide upon the most economical method of settling your claim, which may involve us completing a repair.
REPAIRS:
Our technicians carry with them most of the equipment needed to complete cleaning or repairs in your home on our first visit, but on occasion we will need to order parts to complete the repair. Where leather and fabric parts are ordered it is important to note that over time the colour, shade and appearance of your product is likely to change and therefore, in the event new parts are required, we will supply them based on the original appearance of your product. Wherever possible we will try and limit any differences but our liability is to repair the product based on the original specification. We may decide to offer you the option of a cash settlement to the value of our repairs, in lieu of any repairs being carried out.
If a repair can be made, it must be considered prior to a replacement or alternative settlement being considered. In any scenario, neither the value of repairs, replacement or alternative settlement shall exceed the maximum liability. At our discretion we may decide that cleaning or repairing your product is not the most appropriate resolution and will settle your claim with a replacement or alternative settlement.
NOTE: If we arrange for a technician to attend your home to inspect the product and the technician is unable to gain access to the product, you will be responsible for the cost of the appointment before we will arrange for the technician to re-attend. The administrator’s standard missed appointment fee is £20.
REPLACEMENT OR ALTERNATIVE SETTLEMENT:
If we are not able to clean or repair the damaged product satisfactorily we will arrange for a replacement product of the same specification. If this is not possible we will arrange an alternative settlement the value of which will be limited to the value you paid for your product, less any previous claim costs, and subject to the maximum liability. Alternative settlement will be in the form of a credit note or reselection form to be used at the retailer where you originally purchased your product. If it is not possible to use this retailer, we will arrange for the credit note or reselection form to be used at an alternative retailer of our choice.
We may also choose to provide an offer of cash settlement in lieu of replacement, this will be lower than the value of the product and takes into account any discounts we may have received when arranging a replacement product. The damaged product will remain your property in its current condition.
If we provide you with a replacement or alternative settlement, we reserve the right to take sole ownership of the damaged product. If we choose to take ownership, the damaged product will be collected from you following the provision of the alternative settlement. If we choose not to collect the damaged product, the ownership of it and the responsibility for it (including disposing of it) will remain solely with you.
Where items are non-integral and therefore easily separated, such as a sideboard and chest of drawers, mattresses and bed frames, arm caps, scatter cushions and other accessories, they are treated as separate products in the event of a claim.
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; and/or
iv) make a claim in respect of any loss or damage caused by your wilful act;
We may:
a) not pay the claim or any other claim made under the insurance;
b) declare the insurance void and not make any return of premium;
c) be entitled to recover from you the amount of any claim already paid under the insurance; and/or
d) inform the police of the circumstances.
8 CANCELLATION AND REFUNDS
You have 14 days from receipt of these terms and conditions in which to cancel this insurance policy if, for any reason, you decide that it does not meet your demands and needs.
To cancel this insurance policy, please return to the retailer where you bought this insurance policy together with your Certificate of Insurance and proof of purchase. On the condition that no claims have been made, or are pending, the retailer will refund your premium in full.
No refund of premium will be made if you have made a claim, if a claim is pending or if you cancel this insurance policy after 14 days from receipt of this insurance policy.
The insurer 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:
a) Fraud
b) Non-payment of premium
c) Threatening and abusive behaviour
d) Non-compliance with policy terms & conditions
e) You have not taken reasonable care to provide complete and accurate answers to the questions we ask.
Provided the premium has been paid in full, you will be entitled to a pro rata refund of premium paid for the insurance policy based on the number of full months remaining on the period of cover less the value of any claims made under the insurance policy.
9 GENERAL ADMINISTRATION TERMS AND CONDITIONS
i) The administrator will administer your insurance policy and settle all claims in accordance with these terms and conditions.
ii) You are responsible for informing the administrator of a change of your address by emailing [email protected].
iii) You cannot transfer this insurance policy to another person.
iv) This insurance policy is governed by English law. If there is a dispute, it will only be dealt with in the courts of England or Wales.
v) To improve the quality of our service, we will be monitoring and recording some telephone calls.
vi) When your cover under the insurance policy ends, it will not have a cash or surrender value.
vii) We may amend these Terms and Conditions for legal or regulatory reasons. 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. If you wish to cancel your policy, you may cancel it and you will receive a pro rata refund of the premium paid for the policy based on the number of full months remaining on the period of cover after the value of any claim(s) have been deducted, where applicable.
10 COMPLAINTS PROCEDURE
Our aim is to provide you with a high quality service at all times, although we do appreciate that there may be instances where you feel it is necessary to lodge a complaint.
If you have a complaint about how your claim has been handled, or how your policy has been administered, please contact the administrator by email at [email protected] or by telephone on 01934 416 614 or by writing to: Castelan Ltd, Customer Care Manager, Alpha House, Sunnyside Road North, Weston-super-Mare, North Somerset, BS23 3QY, United Kingdom. In some cases the administrator may refer your complaint toNovus Underwriting Ltd, 4th Floor, 34 Lime Street, London EC3M 7AT.Email: [email protected]
If your complaint is about the sale of this insurance policy the administrator may refer you to the retailer from whom it was purchased.
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, Exchange Tower, Harbour Exchange Square, London E14 9SR. Tel: 0300 123 9 123 or visit www.financial-ombudsman.org.uk. 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
Helvetia Global Solutions Ltd, UK Branch is covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme, if Helvetia Global Solutions Ltd, UK Branch 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. You may also contact the FSCS on their Freephone number: 0800 678 1100 or 020 7741 4100 or you can write to: Financial Services Compensation Scheme PO Box 300, Mitcheldean, GL17 1DY.
12 DATA PROTECTION
We and the administrator are Data Controllers (as defined by the General Data Protection Regulations) for the data you provide to us. We and the administrator need to use your data in order to arrange your insurance and associated products.
We and the administrator may collect personal information about you, including:
• Name, address, contact details
• Financial information such as bank details
• Details of any claim
We and the administrator may also collect sensitive personal information about your health where we consider a change to our procedures will likely provide you with a better customer outcome. This will only be collected with your consent.
You are obliged to provide information without which we and the administrator will be unable to provide a service to you. Any personal information provided by you may be held by the Insurer in relation to your insurance cover. It may be used by our relevant staff in making a decision concerning your insurance and for the purpose of servicing your cover. It may be held by the administrator for administering claims.
Information may be passed to loss adjusters, solicitors, reinsurers or other service providers for these purposes. We may obtain information about you from credit reference agencies, fraud prevention agencies and others to check your credit status and identity. The agencies will record our enquiries, which may be seen by other companies who make their own credit enquiries. If you provide false or inaccurate information and we suspect fraud, we will record this.
We, the administrator and other organisations may use these records to:
a. Help make decisions on insurance proposals and insurance claims, for you and members of your household;
b. Trace debtors, recover debt, prevent fraud, and manage your insurance policies; and
c. Check your identity to prevent money laundering, unless you furnish us with satisfactory proof of identity.
We and the administrator process all data in the UK, where either need to disclose data to parties outside the UK, we and the administrator will use appropriate safeguards to ensure the privacy of your data during such transfers. In the event that your data needs to be transferred back to us and the administrator from parties outside of the UK, then similar appropriate safeguards will be in place. In order to protect our legal position, we and will retain your data for a minimum of 7 years. The administrator will retain your data for the duration of your policy and a period of 5 years afterwards. We and the administrator have a Data Protection regime in place to oversee the effective and secure processing of your data. Under GDPR legislation, you can ask us and the administrator for a copy of the data we hold, have it corrected, sent to a third party or deleted (subject to our and the administrator’s need to hold data for legal reasons). We and the administrator will not make your personal details available to any companies to use for their own marketing purposes.
If you wish to complain about how we have handled your data, you can contact us and we will investigate the matter. If you are not satisfied with our response or believe we are processing your data incorrectly you can complain to the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF Tel: 0303 123 1113.
For more information about how the administrator uses your data, please see the administrator’s privacy notice at www.castelangroup.com /privacy-notice.administrator will retain your data for the duration of your policy and a period of 5 years afterwards. We and the administrator have a Data Protection regime in place to oversee the effective and secure processing of your data. Under GDPR legislation, you can ask us and the administrator for a copy of the data we hold, have it corrected, sent to a third party or deleted (subject to our and the administrator’s need to hold data for legal reasons). We and the administrator will not make your personal details available to any companies to use for their own marketing purposes.
If you wish to complain about how we have handled your data, you can contact us and we will investigate the matter. If you are not satisfied with our response or believe we are processing your data incorrectly you can complain to the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF Tel: 0303 123 1113.
For more information about how the administrator uses your data, please see the administrator’s privacy notice at www.castelangroup.com /privacy-notice.
For more information about how the insurer uses your data, please see the insurer’s privacy notice at www.micinsurance.net/en/privacy-policy-and-terms-of-use.
Castelan Warranties
1 DEFINITIONS
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: Novus Underwriting Limited on behalf of Millennium Insurance Company Limited
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;
• Burn.
b) Leather: Accidental damage resulting in a:
• Rip or tear;
• Burn;
• Scratch;
• Puncture;
• Scuff.
c) Cabinet furniture: Accidental damage resulting in a:
• Dent;
• Burn;
• Chip;
• Scratch;
• 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,
• Warping,
• Breaking or bending of metal mechanisms or other metal components,
• Defective mechanical and electrical recliner mechanisms,
• Cushion Interiors and webbing,
• Fascias,
• 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.
Millennium Insurance Company Limited 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;
We:
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:
a) Fraud
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:
[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 Millennium Insurance Company Limited
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
Millennium Insurance Company 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’.