PLAN TERMS AND CONDITIONS
These are the terms and conditions on which we supply breakdown services to you. It is important for your benefit and protection that you read these terms and conditions. These and your certificate, and any changes we notify you about (at renewal or otherwise), form your agreement with us.
Definitions
plan: this contract for services.
product(s): the appliance(s) protected by this plan, as shown on your certificate.
your certificate: the personalised section of your plan documentation, sent to you once you have taken out a plan or at renewal.
1. Our contract with you
1.1 Our acceptance of your application to purchase a protection plan will take place when we email you to accept it, at which point a contract will come into existence between you and us.
1.2 This plan is not categorised as an insurance product and therefore insurance regulation does not apply. This plan is a contract for services.
2. Eligibility
You must be at least 18 years old and a resident in the United Kingdom to be eligible. Your product must be in good working order when this plan starts.
3. Important conditions and your obligations
3.1 The following conditions apply to this plan:
• You must provide us with any information that we request when you apply for the plan. All information you give must not be false, exaggerated or misleading;
• Your product must have been installed, maintained and used in accordance with the manufacturer’s instructions;
• Your product must be owned by you and kept only for domestic use;• Your product must be used in a private home, solely occupied by a single household (at the address you gave to us);
• Your product must be easily accessible and meet all relevant safety standards and be safe to work on; and
• Your product (if it is able to store data or images, e.g. laptops or PCs)must not contain any content that may be considered to be illegal, and if we find any content we consider to be illegal, we reserve the right to inform the relevant authorities. Your obligations
3.2 You must promptly inform us if there is a problem with your product.
3.3 You must arrange any work required to make your product accessible and compliant with all relevant safety standards and safe for our engineers to work on, for example, you will be responsible for carrying out work required to fix a gas leak. You must notify us if such work is required, let us know when it has been completed and provide us with the relevant certification (if applicable). We will not provide our services until you have fulfilled these obligations. If you do not arrange such work, we may charge you additional costs incurred by us as a result, for example if we have visited your premises to carryout a repair but we have been unable to do so because the product is inaccessible or unsafe for our engineer to work on.
3.4 You must, within a reasonable time, provide us with access to your premises to supply the breakdown services.
3.5 You must make any payment to us within the timescales specified to you.
3.6 If you do not comply with the conditions and the eligibility requirements above or do not fulfil your obligations above, we may end your plan.
4. What this plan includes
4.1 The breakdown services are only provided for products that are outside of any manufacturer or labour guarantee at the time you take out a protection plan.
4.2 There is no limit to the number of repairs you can request unless your plan ends.
4.3 If the appliance being covered was provided to you by us or at point of purchase we advised that we will take responsibility for repairs that would normally fall under the manufactures warranty then exclusion 4.1 will not apply to your appliance.
5. How to request a repair
5.1 If your product suffers a mechanical or electrical breakdown, you must contact our customer services team promptly on 0800 988 4313 to report the problem. Our customer services team will try to resolve the problem over the telephone. If we are not able to resolve the problem, we will, at our discretion, decide whether to approve a repair. Where a repair is approved, we will then authorise an engineer to carry out your repair, or we may also (at our option), decide to replace or pay the cost of replacing your product, in each case subject to these terms and conditions.
6. Repairs information we may require
6.1 You must give us all information we need to verify your repair request, including, but not limited to, the product model number, details of the fault and how the fault occurred.
6.2 We may request documents relating to the product and the fault. You should send any requested documents to the address in ‘Customer services details’ below. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 13.1 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7. Important information about repairs
7.1 Only engineers approved by us are authorised to carry out repairs under this plan, unless we agree otherwise in advance. Our engineers are Gas Safe registered. Repairs will be carried out within the repairer’s normal working hours (which are at least 9am to 5pm,Monday to Friday) on a date agreed with you. Please have your plan documentation to hand when the engineer arrives.
8. Replacements
8.1 If a repair is approved, we may (at our option), decide to replace your product with a new product of the same or similar make and technical specification up to the value of £500, or we may supply you with the spare parts required to bring your product to good working order. Where we supply spare parts to you, we may provide instructions to you to replace the spare parts yourself, or we may (at our option) attend your property to replace the spare parts. Product disposal and delivery, installation and other costs
8.2 If the product is taken or sent away from your home for repair and is then replaced, the original product will become our property at the time of us agreeing for a replacement to be provided to you, and we will dispose of it. If your product remains in your home but is replaced, you will be responsible for disposing of it at your own cost. What happens if your product is replaced?
8.3 If we decide to replace your product, the replacement shall be delivered to your property at our cost. The plan will continue on the replacement product as if it were the original product. What happens if we decide not to repair or replace?
8.4 If we decide not to approve a repair request which would otherwise fall within the terms of your plan, we will inform you. All fee payments you have made in the current period of your plan will be refunded and your plan will end immediately. No further amounts will be payable. We will confirm this in writing to the last address you gave us.
9. General exclusions
9.1 Unless they are listed under the ‘What this plan includes’ section, the following are excluded from the plan, and we will not pay for repairs which relate to:
• Damage during delivery, installation or transportation of the product by a third party who is not our employee, sub-contractor or agent.
• Any breakdown cost already covered by any manufacturer’s, supplier’s or repairer’s guarantee or warranty on a product.
• Any costs incurred as a result of not being able to use the Product.
• Replacement or recall of the product (or any part) by a supplier or the manufacturer.
• Modifying or making a product comply with legislation, work on the product that is only required due to legislation changes or making it safely accessible.
• Your failure to follow the manufacturer’s instructions.
• Any problem with the supply of electricity, gas, water, broadband or broadcast content.
• Routine maintenance, cleaning, servicing and re-gassing.
• Repairs carried out outside of your country of residence.
• Costs or loss arising from not being able to use your product (e.g. hiring a replacement TV), or incidental costs caused by breakdown or repair (e.g. costs to remove or reinstate built-in or fitted equipment).
• Cosmetic damage such as damage to paintwork, dents or scratches.
• Any loss, damage or impairment to functionality caused by: theft, attempted theft, criminal damage, deliberate damage or damage caused by animals, plants or trees.
• Any loss, damage or impairment to functionality caused by: earthquake, flood, lightning, fire, wind, humidity, weather conditions, salt spray, storm or other natural events or catastrophes, abnormally high or low temperatures, plumbing problems, corrosion, chemical exposure, radiation, explosion, sabotage, terrorism, insurrection, revolution, war, riot, armed conflict, civil commotion, rebellion, man-made events or catastrophes or technological hazards.
• Any appliance not registered under the plan.
• Repairs, maintenance work, or use of spare parts, where not approved by us.
• Damage to ceramic or glass surfaces.
• Commercial or business use including use by charities, not- for-profit organisations, local government or other such similar organisations(unless we agree in writing beforehand).
• Fraud or attempted fraud, or where the condition of the product is not consistent with the request you made.
• The cost of replacing any accessories including: external fuses, batteries, rechargeable batteries, power cells, light bulbs changeable by the user, filters, plugs, light covers, grills, removable parts, glass and enamel parts, rain covers, starter connections and straps, 3Dglasses, vacuum cleaner bags, brushes and tubes.
• For products with screens: repairs due to pixel failure where the number or location of pixels does not exceed the manufacturer’s acceptable limit, marks on the screen, or burned screens.
• For televisions: the change from analogue to digital broadcasting including terminating analogue transmissions, software interface problems, satellite or cable systems or gaining access to cables within the fabric of a building or wall.
• Damaged caused by accident, negligence or misuse of the product.
10. Paying your fees
10.1 The price of the plan (which includes VAT) will be the price as told to you on the telephone and as stated in your welcome letter. We take reasonable care to ensure that the price of the product advised to you is correct.
10.2 If you pay the fees (inclusive of all applicable taxes) by Direct Debit, you must make regular payments in accordance with the ‘Payments schedule’ set out in your plan documentation. If we are unable to collect a payment from your bank we may attempt to request payment again unless you advise us otherwise. When you have paid the fees by Direct Debit for the number of consecutive payments shown in the ‘Payments schedule’, if the initial plan period has not yet expired, no further payment will be taken for the remainder of the initial plan period, unless and until your plan renews for a further period (see ‘Duration and renewal of your plan’ below).
10.3 If instead you choose to pay all the fees for the period in advance in one payment, or we require you to do so as a condition of taking out the plan, you must pay this amount (inclusive of all applicable taxes)before the plan will start.
10.4 We may use a collection agency to recover any amount owing to us.
10.5 If you do not pay for your plan on time, it will be suspended from the payment due date. Any requests for repairs past this date will not be considered for approval unless payment is received.
11. Duration and renewal of your plan
11.1 The initial plan period begins on the ‘start date’ and continues until the ‘expiry date’, as specified in your certificate (unless ended in accordance with these terms and conditions).
11.2 Before your plan ends, we will write to you about renewing it. Your renewal notice will show the amount to pay. The fee payable may increase at renewal.
11.3 A cooling-off period (lasting 14 days from renewal of the plan) applies at the renewal of your plan.
11.4 We reserve the right not to offer you a renewal on your plan.
12. Your rights to end the contract
12.1 The ‘cooling-off period’ is the fourteen (14) day period from receipt of your documentation or from the plan start date, whichever is later. If you change your mind during the cooling-off period, you can cancel your plan and we will refund any fee paid.
12.2 If your plan automatically ends or is cancelled by us, these rights do not apply (see ‘Our right to cancel your plan or bring it to an end’ below).
After the cooling off period.12.3 If you cancel your plan after the cooling-off period, all outstanding plan fees due up until the next renewal date must be paid in full and the following will also apply:
• If you have not received a repair, no refund will be given; and
• If you have received a repair, no refund will be given and you will have to pay the cost of the repair. This will be capped at the plan fee(less any fees you have already paid in the current period).
How to cancel 12.4 If you wish to cancel your plan, please contact us on 0800 988 4313(Monday to Friday between 9am & 6pm, and Saturdays & Bank Holidays (excluding Christmas Day, Boxing Day and New Year's Day) 10am to 4pm). You can also cancel by writing to us at the address specified in the ‘Customer services details’ section. If you are paying by Direct Debit and tell your bank to cancel your Direct Debit Instruction, but do not contact us first, we will not immediately cancel your plan. If you do wish to cancel, please contact us directly to avoid any communications regarding outstanding payments.
13. Our right to cancel your plan or bring it to an end
13.1 If you fail to comply with certain conditions and obligations (see ‘Important conditions and your obligations’ above) we may bring your plan to an end and we will not provide any further services to you under the plan.
13.2 We reserve the right to cancel your plan by giving you fourteen (14)days’ written notice if we are to stop providing the service.
13.3 In each case, we’ll confirm any such ending or cancellation of the plan in writing to the last address you gave us.
14. Customer services details
For customer services call 0800 411 88 99, write to us at ApplianceServe Ltd, Kingsland House, 21 Hinton Road, Bournemouth, England, BH1 2DE or email us by clicking on ‘contact us’ on our website: www.applianceserve.co.uk. Calls to 0800 numbers are free. Calls may be recorded and monitored for quality and training purposes. How to complain- If you wish to complain or you are unhappy with the service provided, please contact our customer services team(see ‘Customer services details’ above).
15. Transferring your plan to a new owner
With our permission you may transfer your plan to a new owner of the product by giving us their name and contact details either over the telephone or in writing.
16. Changes to these terms and conditions
16.1 We can, at any time and after taking a fair and reasonable view, modify or replace these terms and conditions in order to:
• Comply with the law, regulations, industry guidance or codes of practice;
• Rectify errors or ambiguities; and
• Rectify changes in the scope or nature of the protection provided to you.
17. Important data protection information
PROTECTING YOUR PERSONAL DATA
We are the Data Controller for the data you provide to us. We need to use your data in order to arrange your plan and associated products and for marketing purposes (please let us know if you would prefer not to receive marketing information from us).You are obliged to provide information without which we will be unable to provide a service to you. We may pass your data to other organisations, such as auditors, external consultants, credit providers, banks, financial transaction processors, crime and fraud prevention agencies and databases and regulators. We process all data in the UK but where we need to disclose data to parties outside the European Economic Area (EEA) we will take reasonable steps to ensure the privacy of your data. In order to protect our legal position, we will retain your data for a minimum of 7 years after the expiry of your policy. We have a Data Protection regime in place to oversee the effective and secure processing of your data. You can request copies of the data we hold, have it corrected, sent to a third party or deleted(subject to our need to hold data for legal reasons). 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
18. Exclusion of third party rights
This plan is only for your benefit. No rights or benefits will be given to any other third party under the plan.
19. Severance
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20. Governing law and statutory rights
We will communicate with you in English and English Law will apply unless we agree otherwise with you. Nothing in the conditions will reduce or affect your statutory rights; for further information about your statutory rights contact the Citizens Advice Bureau:www.adviceguide.org.uk or 03454 04 05 06.
Changes to these terms and conditions:
We can, at any time and after taking a fair and reasonable view, modify or replace these terms and conditions in order to:
• Comply with the law, regulations, industry guidance or codes of practice;
• Rectify errors or ambiguities; and
• Rectify changes in the scope or nature of the protection provided to you unless we agree otherwise with you.
Plan terms and conditions amendments:
There has been an amendment to the plan wording within section 8.1 relating to the maximum contribution towards a replacement appliance, there has also been an amendment to section 12.3 relating to the cancellation of your policy after the cooling off period.
Customers with disabilities
We offer a number of services for customers who have disabilities including providing our documents in Braille, large print or audio formats. For further information please contact us (see ‘Customer services details’ above).
Company information
This plan is provided by ApplianceServe Ltd. Registered in England and Wales. Company No. 08957597. Registered office: ApplianceServe Ltd, Kingsland House, 21 Hinton Road, Bournemouth, BH1 2DE. VAT No.196359361.