Terms and Conditions
DEFINITIONS (please refer to the “Definitions” for the meaning of words in bold print)
administrator/ our/ us/ we: Valspar Industries (UK) Limited;
damage: visible impairment such as staining, ripping, tearing, burn marks, scratching, puncturing, scuffing, chipping, dents or breakage.
excluded causes of damage: the following causes of damage: -
a) a deliberate and reckless act on your part or on the part of a member of your immediate family;
b) insects, parasites or vermin;
c) fungus or mildew;
d) atmospheric or climatic conditions, frost or the action of light;
e) rust, corrosion, wear and tear or loss of resiliency consistent with the initial quality of the insured item, gradual deterioration or build-up of impairing substances or matter consistent with normal usage of the
insured item (such as human perspiration or body acids, oils or greases or household dust or dirt); and
f) chewing, scratching, tearing or fouling by pets.
immediate family: your domestic partner, child or children and any other person permanently residing at your address and not paying commercial rent.
insured/ you/ your: the customer and his or her immediate family.
insurer: Enterprise Insurance Company plc.
insured item: the product listed in your till receipt.
maximum liability: the cost (excluding administration costs incurred by us or the insurer)
of settling all claims made during the period of insurance which relate to the same insured item up to the original purchase price of that insured item or £15,000 whichever is the lesser amount.
period of insurance: the period starting on the date entered in your till receipt and ending on the earliest of the following dates
a) any premium for the continuation of cover is unpaid;
b) the date you or anyone representing you defrauds or deliberately misleads the insurer or us;
c) the maximum liability has been reached in settlement of claims under this insurance;
d) you have received Argos vouchers in settlement of claims under this insurance, where we are unable
to clean, repair or replace the insured item satisfactorily;
e) the end date as shown on your till receipt.
structural defect: a defect in materials or workmanship resulting in breaking or bending of metal components (other than zips), recliner, rocker, sleeper and swivel boxes, excessive loss of resiliency of webbing, springs, foam or fibre filled interiors).
territory: the United Kingdom, the Channel Islands and the Isle of Man.
WHAT IS INSURED
a) Damage to an insured item occurring during the period of insurance and attributable to a specific incident occurring in the territory;
b) a structural defect in an insured item first discovered in the territory and after the date of expiry of the manufacturer’s guarantee and before the end of the period of insurance. Any structural defect first discovered before the expiry of the manufacturer’s guarantee must be reported to the Argos store from which you bought the insured item and, provided you produce your sales receipt or delivery note, will be dealt with under the manufacturer’s guarantee.
WHAT IS NOT INSURED
1. Damage caused by or resulting from an excluded cause of damage.
2. Damage to fabrics, other than leather, as a result of contact with corrosive substances, including bleach.
3. Damage to an insured item arising out of use of the insured item in a food preparation area.
4. Changes in colour of the insured item or any part of the insured item, regardless of the cause of the changes in colour.
5. Damage resulting from the use of incorrect or inappropriate cleaning or deodorising products or methods.
6. Damage to any insured item in premises used for the conduct of any profession, trade or commercial activity or residential premises you have let or sub-let to another person.
7. Use of the insured item within your bathroom or kitchen or outdoors, other than dining room table and chairs.
8. Structural defects first discovered before the expiry of the manufacturer’s guarantee.
Care of the insured item
You and your immediate family must take all reasonable precautions to prevent damage to the insured item and ensure that the insured item is maintained in accordance with the manufacturer’s instructions. Failure to comply with this condition may result in our rejection of your claim.
Transfer of insurance
You cannot transfer this insurance to any other person without the insurer’s prior consent.
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 sales receipt or delivery note and your plan document. This insurance cannot be cancelled after more than 45 days after the start of the period of insurance.
It is the insurer’s intention that this insurance will not be renewed at the end of the period of insurance.
If you make any fraudulent claim or use fraudulent means to obtain any benefit under this insurance, the insurer 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 the insurer shall have the right to retain the premium.
Unless the insurer agrees 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.
In the event of your death or incapacity as determined in accordance with the Mental Capacity Act 2005, the insurer will pay such sums to your personal representatives as would have been payable under this insurance to you but for your death or incapacity.
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 a claim payment equal to the maximum liability; or
(d) The date we replace the insured item in full;
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.
Change of address
Any change of address must be notified to us.
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 the insured item. Should a spill result in a stain, follow the claims procedure.
HOW TO MAKE A CLAIM AND CLAIMS PROCEDURE
In the event of a possible claim contact us as soon as practicable by telephoning 0845 1281 240.
Please ensure your have your plan document at hand and have the article number ready to quote to us.
Your telephone calls may be recorded and monitored and we reserve the right to use any recordings made.
All possible incidents that may give rise to a claim must be notified to us as soon as practicable after the damage or structural defect is discovered. Delay in reporting these may result in permanent damage. In order to claim, you will be required to complete a service request form. We may inspect the insured item to help assess your claim. If any structural defect is first discovered before the expiry of the manufacturer’s guarantee, please report it to the Argos store from which you bought the insured item.
HOW WE WILL SETTLE CLAIMS
We will decide whether the damage or structural defect is covered by this insurance. Valid claims will be settled by cleaning, repairing or replacing the damaged insured item at our discretion up to the amount of the maximum liability.
If your claim is regarding stains, depending on the nature of the claim we may supply you with a stain removal solution. If the stain removal solution does not remove the stain and you require professional help, we will arrange for an approved technician to visit your home. Any product replacement (at our reasonable discretion) will be arranged by us and will be of a similar standard, specification and style as the insured item, subject to the limits of cover in these terms and conditions.
If we are unable to clean, repair or replace the insured item satisfactorily we will send you Argos vouchers up to the original purchase price paid, less any claim amounts previously paid by us with respect to the same insured item. We will then have the right to take sole ownership of the damaged insured item and, if we exercise this right, we will arrange for collection at the same time as the replacement product you select is delivered and you must not sell or dispose of the insured item in the meantime without our prior written consent. You must co-operate with us in arranging any delivery or collection.
If the damage or structural defect is limited to any part that can be detached from the rest of the insured item without causing further damage we will only clean, repair or replace that part. We do not guarantee an exact match of colour, grain, sheen or pattern in the event of the insured item being repaired or replaced. In such circumstances our liability is limited to the reasonable endeavours of our approved technician.
Any complaints you may have regarding this insurance should in the first instance be addressed to:
Service Director, Valspar Industries (UK) Limited, 152 Milton Park, Abingdon, Oxfordshire OX14 4SD. Please quote your article number or claim number so that your complaint can be dealt with quickly. Complaints for the insurer should 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
The insurer is covered by the Financial Services Compensation Scheme so, if they cannot meet their 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.
Your details will be held and used by Argos Limited, Valspar Industries (UK) Limited and Enterprise Insurance Company PLC, and selected companies acting on our behalf to administer your 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 mail, telephone or email. 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: Valspar Industries (UK) Limited, 152 Milton Park, Abingdon, Oxfordshire OX14 4SD. To help keep your details accurate we may use information we receive from our partners. You can ask us for a copy of your details (for a small fee) and to correct any inaccuracies. To improve our service we may monitor or record our communications with you.
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. Valspar Industries (UK) Limited. Registered office is: 152 Milton Park, Abingdon, Oxfordshire OX14 4SD. Company number: 02360505. Registered in England and Wales. Valspar Industries (UK) Ltd is authorised and regulated by the Financial Services Authority (FSA registration number 311766). 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.