Mobile Phone Care Terms & Conditions

Defined Terms

The terms below have the following meanings when used in the Terms and Conditions.

Crime Reference Number means an official crime reference number obtained from the police;
Insurance Plan means this general insurance contract;
Product means the mobile phone purchased from Argos and covered under the Insurance Plan;
We, us, our means Domestic & General Insurance PLC;
You, your means the customer who has taken out the Insurance Plan and who owns the product.

Insurance Provider

The insurance Plan is underwritten by Domestic & General Insurance PLC.

Eligibility

This insurance Plan is only available to residents of the United Kingdom.

Significant features and benefits

This Insurance Plan is a general insurance contract that provides cover for one mobile phone purchased from Argos with a value of £500 or less in respect of the cost of:

Accidental Damage – The provision of a replacement product following accidental damage.
Theft – The provision of a replacement product following the dishonest taking of the product by persons known or unknown with the intention of unlawfully or permanently depriving you of the product.
Statement of price: Your Insurance Plan fee will include all costs of purchase such as premiums and taxes at the applicable rates. The price for your Insurance Plan is determined by the type of product you have bought, the length of its manufacturer’s guarantee and the price of the product as shown on your purchase receipt, as explained on page [x] of this leaflet.
Duration of the Insurance Contract: The Insurance Plan will start on the start date shown on your purchase receipt (this will be date you purchase your mobile phone) and it will continue for a period of one year (as indicated on your purchase receipt). You should review this cover periodically to ensure it remains adequate.

What we will pay

We will only pay up to a total maximum of £500 per claim towards a replacement of your product. We will always, subject to the full terms, conditions and exclusions of your Insurance Plan, replace your product with a product of the same or similar make and specification, unless we cannot reasonably arrange a replacement, in which case we will we will provide you with Argos vouchers to the value of the price you paid for your product.

You acknowledge and accept that the replacement product may be a different model, may be made by a different manufacturer and may not include the identical features, functions and data capability as the original product.

You must return to the Argos store to receive your replacement product. We will not arrange or pay for the product to be delivered.

When we have replaced your product, your Insurance Plan will end immediately. We will not be responsible for any costs that you may incur in disposing of your original product.

How to claim and your responsibilities

Please comply with the following procedures to obtain claim authorisation with the minimum delay. Failure to observe these procedures will invalidate your claim.

1. Theft Claims

a. Contact the police within 7 working days of your becoming aware of the incident, requesting a Crime Reference Number.
b. Contact us within 7 working days of your becoming aware of the incident on 0844 810 0511. You will then be sent a claim form.

Complete the claim form fully and return it to us in accordance with the instructions on the form. The form must be returned within 30 days of receipt together with any requested supporting documentation such as:

• Police Crime Reference Number;
• Proof of forcible entry (such as a copy of a repairer’s invoice for vehicle damage);
• Your Insurance Plan document;
• Your purchase receipts for both your product and your Insurance Plan;

c. We will assess your claim and providing it is valid, we will authorise the replacement of the product.

2. Accidental Damage Claims
Please return to the Argos store with your Insurance Plan document and the receipts for both your Insurance Plan and your product to claim for a replacement.

What is not provided

1. Any claim notified to us more than 7 working days after becoming aware of the incident occurring.
2. Any claim relating to a product with a purchase price of more than £500 (including VAT) or which is not a pre-pay
mobile phone.
3. Any claim relating to a product not purchased from Argos.
4. Any claim for accessories other that in respect of valid claims for accessories included in the original packaging of your
product where such accessories are damaged or stolen with the product.
5. The VAT element of any claim if you are registered for VAT.
6. Any claim whilst the product is in another person’s possession.
7. Any claim where the claim form together with any of the following requested documentation has not been returned within
30 days of receipt:

• Police Crime Reference Number (in respect of Theft claims only);
• Proof of forcible entry (in respect of Theft claims only);
• Your purchase receipts for both your product and your Insurance Plan;
• Any other requested documentation

9. Any loss(es) you may suffer from not being able to use the product or for the loss of any content contained or stored within the product.
10. Any legal liability directly or indirectly caused by or contributed to or arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel or the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.
11. Any mechanical or electrical breakdown other than when caused by accidental damage.
12. Any claim arising from not following the manufacturer’s instructions, routine maintenance, abuse, misuse or neglect.
13. Repairs, routine maintenance, adjustment, modification or servicing.
14. Damage to or malfunction of the product caused by or attributed to the operation of a software virus or any other software based malfunction.
15. Any cosmetic damage, such as damage to the casing or dents or scratches to the product.
16. Any consequences of riot, strike, lockout, civil commotion, labour disturbances, war, invasion, act of foreign enemy, terrorism, hostilities (whether war has been declared of not), civil war, rebellion, insurrection or military or usurped power.
17. Any claim for loss of the product.
18. Any third party claims, including claims for lost airtime or fraudulent usage of the mobile phone;
19. Any Thefts claims:

i) not reported to the police within 7 days of becoming aware of the claim incident occurring;
ii) not accompanied by a Crime Reference Number (lost property numbers are not acceptable in support of a Theft claim);
iii) for a product stolen from an unattended vehicle unless the product is completely hidden from view within a locked glove compartment or locked boot, within a fully locked and secure vehicle, and violent and forcible entry to both the vehicle and glove compartment or boot can be evidenced.
iv) for a product stolen from unoccupied premises unless there is evidence of violent and forcible entry;
v) where the product has been left unattended in a public place or a place to which the public has regular access, including
any form of public transport; or
vi) for theft of SIM or PCIMA cards other that in respect of valid Theft claims where your card was stolen with the product.

Conditions of Cover

1. You must take reasonable care and maintain the mobile phone in good order and take all reasonable precautions to prevent theft or damage.
2. We may take proceedings at our expense in your name to recover any sums paid under this Insurance Plan.
3. This Insurance Plan is valid in the territorial limits of the United Kingdom.
4. This Insurance Plan is only available to customers who are permanently resident in the United Kingdom.

Cancellation Period – Right To Change Your Mind

1. You can cancel your Insurance Plan at any time within 45 days of purchase, and you will receive a full refund, provided you have not used any services under the Insurance Plan.
2. If you wish to cancel the Insurance Plan during this 45 day cancellation period then return to the store with your Insurance Plan document and receipt to receive your refund.

Termination Rights

1. After the 45 day cancellation period you may terminate your Insurance Plan at any time before the end of your manufacturer’s (parts and labour) guarantee period and you will be refunded a proportion of your Insurance Plan fee relating to the remaining full months outstanding, unless your product has already been replaced or written-off.
2. If you pay for your Insurance Plan by Direct Debit instalments then you will only be refunded any payments that you have made for the unexpired period of your Insurance Plan, and you must tell your bank to cancel the Direct Debit instruction.
3. If you have been provided with a replacement product or a write-off settlement then your Insurance Plan will come to an end and no Insurance Plan fees already paid will be refunded.
4. If you wish to terminate your Insurance Plan after the 45 day cancellation period, you can: click on ‘contact us’ at www.domgen.com; or

• write to Domestic & General Insurance PLC, Leicester House, 17 Leicester Street, Bedworth, Warwickshire, CV12 8JP.

5. Your Insurance Plan may be terminated at any time in the event of any fraud, attempted fraud, or where you have provided incorrect information, and you will not be entitled to any refunds.

How to Complain

If you wish to complain, then:

• Call the Customer Service Department on 0844 810 0511;
• Write to the Customer Care Manager at Domestic & General Insurance PLC, Leicester House, 17 Leicester Street, Bedworth, Warwickshire, CV12 8JP
• E-mail us by clicking on ‘contact us’ on our website (www.domgen.com)

We hope that you will be satisfied with our response to your complaint. If you are not satisfied you can ask the Financial
Ombudsman Service to review your case. They can be contacted at: South Quay Plaza, 183 Marsh Wall, London E14 9SR.

Contacting us

We want you to contact us so that we know what you think of us and the services we provide. If you wish to contact us, then please call the Customer Service Department on 0844 810 0511 or write to the Customer Care Manager at Domestic & General Insurance
PLC, Leicester House, 17 Leicester Street, Bedworth, Warwickshire CV12 8JP. We may monitor or record our communications with you to improve the quality of the service we provide.

Governing Law and statutory rights

Unless otherwise agreed with you, English law will apply. Nothing in the terms and conditions will affect the statutory rights you have when you buy electrical products. These include the right to claim for a refund, repair, or replacement for up to six years (five inScotland) if your electrical goods were not of satisfactory quality or fit for their purpose when they were sold to you. After the first six months you will have to prove that the goods had a fault when sold to you and the longer it takes for the fault to appear the more difficult this will be. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens Advice Bureau, or visit www.consumerdirect.gov.uk.

Other Providers

You should be aware that extended warranties are available from other high street outlets, insurance companies and other providers. Cover may also be available for limited periods on some appliances from your credit card provider. Some household contents insurance policies offer cover for accidental damage, fire or theft. However, you may find that an excess is payable and a claim may affect the cost of subsequent insurance premiums.

When Can I Buy An Insurance Plan?

If you decide not to buy an Insurance Plan when you buy your product, any written quotation given to you will be available on the same terms and conditions for a further 45 days. Any offers, such as discounts and vouchers, which are linked to the purchase of the Insurance Plan will also remain available for that period. You will also have the entire period of the manufacturer’s guarantee in which to decide if you want to cancel the Insurance Plan and receive a full refund unless your product has already been replaced or writtenoff. A reminder about this right is contained within Insurance Plan documentation.

The Financial Services Compensation Scheme

Domestic & General Insurance PLC is the provider of the mobile phone Insurance Plans. We are covered by the Financial Services Compensation Scheme. You may be entitled to compensation under the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. Our obligations are covered for 90% of any claim with no upper limit. Further information about compensation scheme arrangements is available from the FSCS at www.fscs.org.uk or by writing to them at: FSCS, 7th Floor, Lloyds Chambers, 1 Portsoken Street, London E1 8BN.

Exclusion of third party rights

This Insurance Plan is for the benefit of the planholder only and any permitted transferee at our discretion and no rights or benefits will be given to any other third party under the Insurance Plan. The provisions of the Contracts (Rights of Third Parties) Act 1999 will not apply.

Transferring your Insurance Plan

You cannot transfer your Insurance Plan to a new owner of the product or to any other product.

Fraud

This Insurance Plan will not be valid if any information you give us is false or exaggerated.

If any fraudulent claim is made or if any fraudulent means or devices are used to obtain any benefit under this Insurance Plan, all benefits hereunder shall be forfeited. We may inform the police and/or any other law enforcement agency about the circumstances of such a claim.

Data protection

Your details will be held and used by Argos Limited, Domestic & General Services Limited, Domestic & General Insurance PLC, and selected companies acting on our behalf to administer your Insurance Plan. We may pass your data to any relevant regulator or dispute resolution provider. We may also use your data for training and testing purposes. If you have given us permission, your details may also be used by us or third parties for other marketing purposes. We may disclose your information to our service providers and agents for these purposes. We and the third parties (if applicable) may contact you by telephone, email or mail. If you no longer want your data to be used by third parties or by us for marketing purposes and you have not already notified us please write to the Data Protection Officer at: Domestic & General, Freepost CV2560, Bedworth, Warwickshire, CV12 8BR. To help keep your details accurate we may use information we receive from our partners. You can ask us a copy of your details (for a small fee) and to correct any inaccuracies.

Customers with disabilities

We offer a number of services for customers who have disabilities. In particular we can provide this document in Braille, large print or audio formats. For further information please telephone us on 0844 810 0511. Provided by Domestic & General Insurance PLC. Registered Office: Swan Court, 11 Worple Road, Wimbledon, London, SW19 4JS, United Kingdom. Registered in England and Wales. Company No. 485850. Authorised and regulated by the Financial Services Authority (FSA registration number 202111). Our address and details of our authorisation can be checked on the FSA web site (www.fsa.gov.uk) or contacting the FSA on +44 845 606 1234.

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

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