Jewellery and Watch care terms & conditions

INTRODUCTION

This document sets out the terms and conditions of your Argos Jewellery and Watch insurance. We recommend that you attach the Till Receipt relating to the purchase of this insurance to this document as you will need to produce the Till Receipt in the event of a claim.

DEFINITIONS (please refer to the “Definitions” for the meaning of words in bold print)

breakdown: the stoppage of normal operation caused by or arising from internal electronic, electrical or mechanical defects necessitating immediate repair or rectification before normal operation can be resumed.
damage: visible damage to the insured item which is inconsistent with normal usage, wear and tear and gradual deterioration.
insured/ you/ your: the person who purchased the insured item or the person who was given the insured item as a gift from the person who purchased both the insured item and this insurance at the same time.
insured item: the item purchased at an Argos store as shown on the Till Receipt in respect of which this insurance is in effect.
insurer/ we/ us/ our: Enterprise Insurance Company plc.
maximum liability: the original purchase price of the insured item.
period of insurance: the period starting on the date this insurance was purchased as shown on the Till Receipt and ending on the earliest of the following dates

a) the date we replace the insured item or send you Argos vouchers towards a replacement of the insured item;
b) the date the total cost of all repairs to or rectification of the insured item during the period of insurance is
equal to the original purchase price of the insured item;
c) the date you dispose of or sell the insured item or give the insured item away as a gift;
d) the date you cancel this insurance;
e) 24 months from the date of purchase of the insured item.

WHAT IS INSURED

Loss of possession and theft

Your loss of possession of the insured item anywhere in the world during the period of insurance as a result of

a) theft or actual or threatened physical force or violence against you; or
b) the insured item dropping out of an article of clothing you were wearing or a bag you were carrying at the time.

Damage
Damage to the insured item anywhere in the world during the period of insurance.

Breakdown (watches only)
Breakdown of the insured item anywhere in the world during the period of insurance.

WHAT IS NOT INSURED

1. Theft of the insured item

a) from any commercial vehicle;
b) from any convertible or soft topped vehicle, unless from a locked boot;
c) from any unattended vehicle unless at the time of theft the insured item is concealed and the doors and windows of the vehicle are locked with all keys removed;
d) from any building, land or premises unless
i) force, resulting in damage to the building or premises, was used to gain entry or exit; or
ii) the insured item was stored in a fixed, locked receptacle with all keys removed at the time of theft
and force was used to open the receptacle; or
iii) the insured item was in an article of clothing you were wearing or a handbag in your control
immediately before the theft; or
iv) the theft was accompanied by actual or threatened physical force or violence against you.

2. Damage occurring at your premises or theft of the insured item from your premises if your premises have been left unoccupied for a continuous period of more than 45 consecutive days.
3. Damage or breakdown caused by

a) misuse of the insured item or treating the insured item in a neglectful manner;
b) failure to follow the manufacturer’s instructions or warnings or over-winding;
c) servicing, your use of non-genuine replacement parts, inspection, maintenance, repair, cleaning, alteration or restoration;
d) atmospheric or climatic conditions, frost or the action of light;
e) mildew, fungus or oxidisation;
f) use in circumstances the manufacturer has indicated the insured item is not intended or suitable for;
g) water or liquid ingress if the insured item has not been adequately resealed to maintain the manufacturer’s original specification following battery replacement, servicing or repair (other than by a repairer authorised by Argos or us).
4. Repair or other costs for
a) routine servicing, inspection, maintenance, repair, cleaning, alteration or restoration;
b) replacement of, or adjustment to, straps, fittings or batteries;
c) repairs carried out by any person other than a repairer authorised by Argos or us;
d) the rectification of wear and tear or gradual deterioration or cosmetic damage such as discolouration, staining, chipping, dents or scratches, rust or corrosion which does not prevent the insured item from functioning normally.

5. Any costs or expenditure incurred arising out of or consequent on not being able to use the insured item or any costs and expenditure other than the cost of repair, restoration or replacement covered by this insurance.
6. Any repair or other costs due to or arising from any defect or fault relating to the manufacturer’s recall.
7. Any costs covered under the manufacturer’s guarantee or warranty.
8. Any reduction in the market value of the insured item beyond the cost of repair or replacement.
9. Damage or breakdown if the insured item is held or used for any business, trade or commercial purposes.
10. The cost of replacing any undamaged item of a pair or of a set or other item of a uniform nature, colour or design, where matching replacements cannot be obtained.
11. Damage or breakdown occasioned by or in consequence of or arising out of war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power.
12. confiscation, requisition, seizure or destruction by order of the  Government or any Public Authority.

CONDITIONS

Care of the insured item
You must take all reasonable precautions to prevent theft, damage or breakdown and ensure that only genuine replacement parts are used, if you obtain them other than from Argos or a repairer authorised by Argos or us.

Transfer of insurance
You cannot transfer this insurance to any other person without our prior consent.

Purchase rights
You may purchase this insurance at an Argos store at any time within 45 days of your purchase of the insured item, provided that the insured item is still in working order and undamaged. You will need to produce the Till Receipt for the purchase of the insured item if you are not purchasing this insurance at the same time as the insured item.

Cancellation
You may cancel this insurance within 45 days (inclusive of the statutory 14 day cooling-off period) of the start of the period of insurance. To do so, return to the Argos store from where you purchased the insured item. If you
have not made a claim in the meantime you will receive a full refund of the premium on production of your Till receipt and your plan document. This insurance cannot be cancelled after more than 45 days after the start of the
period of insurance.

Non-renewal
It is our intention that this insurance will not be renewed at the end of the period of insurance.

Fraud
If you make any fraudulent claim or use fraudulent means to obtain any benefit under this insurance, we will reject the claim, if aware of the fraud prior to making payment, or exercise all rights for the recovery of any sums paid and appropriate redress. In such circumstances we have the right to retain the premium.

Governing Law
Unless we agree otherwise, this insurance is governed by and construed in accordance with English law. In the event of any dispute the parties will submit to the non-exclusive jurisdiction of the courts of England and Wales.

Personal representatives
In the event of your death or incapacity as determined in accordance with the Mental Capacity Act 2005, we will pay such sums to your personal representatives as would have been payable under this insurance to you but for your death or incapacity.

Liability
Our liability to you under this insurance will immediately cease:

(a) The date you cancel your insurance as set out under these terms and conditions;
(b) On the expiry of the period of insurance;
(c) If we have made claim payments equal to the maximum liability; or
(d) The date we replace the insured item in full;

CLAIMS PROCEDURES

Breakdown and damage
If your insured item fails to work (please check first that it is not a simple problem such as a change of battery) please fill out the attached claims form and take this, together with your insured item and the Till Receipt(s) relating to the purchase of the insured item and this insurance to your local Argos store.

Subject to the terms and conditions of this insurance, your insured item will be replaced or you will be provided with Argos vouchers for the amount of the purchase price of the insured item at the discretion of the Argos store manager.

Loss of possession and theft
If you suspect your insured item has been stolen you must report the theft to the police (you should do so within 24 hours of discovery) and obtain a crime reference number and police station details. All claims relating to loss of possession of the insured item need to be notified to us on 0844 5047230 and we will supply you with a claims form and claims reference number (please note that you will need to quote the claims reference number in all subsequent communication relating to the claim). Please complete the claims form and send it to the specified address, together with a copy of the Till Receipt(s) relating to the purchase of the insured item and this insurance, the crime reference number and police station details. If the claim is valid, we will send you Argos vouchers for you to purchase a replacement.

Maximum we will pay
In no event will we pay more than the maximum liability for all claims made under this insurance during the period of insurance so any amounts previously paid under this insurance will be taken into account if you make more than one claim during the period of insurance.

COMPLAINTS

Any complaints you may have regarding this insurance should in the first instance be addressed to The Complaints Manager, Enterprise Insurance Company plc, R22-24 Ragged Staff Wharf, Queensway Quay, Gibraltar Should you remain dissatisfied with the outcome of any internal enquiries, you may have the right to refer your complaint to: The Financial Ombudsman Service (FOS), South Quay Plaza, 183 Marsh Wall, London E14 9SR. This procedure will not prejudice your right to take legal proceedings. However, please note that there are some instances when the FOS cannot consider complaints. To maintain service levels we operate a call logging system which records all incoming and outgoing calls.

FINANCIAL SERVICES COMPENSATION SCHEME

We are covered by the Financial Services Compensation Scheme so, if we cannot meet our obligations to you under this insurance, compensation may be available to cover these obligations. The compensation provides for 90% of any claim with no upper limit. Full details are available at www.fscs.org.uk or by writing to them at: FSCS, 7th Floor, Lloyds Chambers, 1 Portsoken Street, London E1 8BN.

DATA PROTECTION

DISCLOSURE
Enterprise Insurance Company plc. Registered address Suite 3, 2nd. Floor, Icom House, 1-5 Irishtown, Gibraltar. Registration no. 89698. Registered in Gibraltar. Enterprise Insurance Company plc is authorised and regulated by the Financial Services Authority (FSA registration number 402277). Their address and details of their authorisation can be checked on the FSA web site (www.fsa.gov.uk) or by contacting the FSA on 0845 606 1234

Copies of this document are available in Braille, large print and audio cassette on request.

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