(1) Introduction
Please read these terms of sale carefully.
You will be asked to expressly agree to these terms of sale before you purchase insurance from our website.
(2) Interpretation
In these terms of sale, “we” means Carriagehouse (UK) Ltd T/A Carriagehouse Insurance (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
(3) Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps: (i) you must complete the appropriate quotation form and submit this for a quote; (ii) you must then click the ‘purchase insurance button’ ; (iii) you must then complete the proposal form: (iv) you will be transferred to the Opayo website, and Opayo will handle your payment; (v) we will then send you an initial acknowledgement; and (vi) once we have checked your proposal form and agreed to provide the insurance, we will issue you policy documents: (vii) If we require further clarification or are unable to provide the insurance you have requested, we will contact you either by telephone or by email.
We will not file a copy of these terms of sale specifically in relation to your insurance. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors either during the process of entering or when you receive our confirmation email or finally when you receive your policy document. You may correct those input errors either by email or by telephone or by letter to us. We reserve the right to amend the cover provided or the premium depending on the effect of these errors. Please see your policy wording for the effect that errors and omissions can have upon your insurance and any potential claim you may have to make.
(4) The products
Insurance Policies
(5) Price and payment
The premiums for certain policies are quoted on our website. The website contains a large number of variations and it is always possible that some of the premiums on the website may be incorrect. We will verify the premium as part of our sale procedures so that a policy’s correct premium will be charged which may mean that you are contacted about an amendment to that premium charged on line.
Payment must be made upon effecting the insurance. We may withhold the policies and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website includes insurance premium tax, at the current rate.
Payment for all policies must be made by Opayo OR any method detailed on the website.
Premiums for policies are liable to change at any time, but changes will not affect contracts which have come into force.
If you dispute any payment made to us you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back: (i) an amount equal to the amount of the charge-back; (ii) all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer); (iii) an administration fee of GBP £26.50 and (iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).
Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.
For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.
(6) Your warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete;
(c) you will be able to accept delivery of the products;
(d) you are resident in United Kingdom, Channel Islands and Isle of Man; and
(e) you are at least 18 years of age.
(7) Delivery policy
We will arrange for the products to be delivered to the email address for delivery indicated in your order.
(8) “Cooling off” period
You are entitled to cancel this Policy by notifying the Insurer in writing within fourteen (14) days of either:
- the date you receive this Policy, or
- the start of your new policy period of insurance
whichever is the later.
A full refund of any premium paid will be made unless you have made a claim in which case the full annual premium is due. For renewal premiums, a time on risk premium will be charged as per the policy documentation.
(9) Statutory rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
(10) Refunds
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you by cheque using the same method originally used by you to pay for your policy. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation. We will charge an adminstration fee inline with our company terms and conditions.
(11) Limitations and exclusions of liability
Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
(13) General terms
We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section 11: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
(14) About us
Our full name is Carriagehouse (UK) Ltd trading as Carriagehouse Insurance
Our registered office is Spring Farm, Stratford St Mary, Colchester, Essex, CO7 6NB.
Our company registration number is 08221173
Our email address is carriaghouseinsurance@btopenworld.com
We are regulated and authorised by The Financial Conduct Authority no: 592646.