Terms and Conditions of the Protection Plan Insurance

Terms and Conditions of the Protection Plan Insurance for Mobile Electronic Devices from PhotoFury

Import Export GEFT 2014 HK LTD

Trade Name: PhotoFury
Registered Address: 706, 7F South Seas Centre, Tower 2, 75 Moody Rd, Tsim ShaTsui, Hong Kong.

1. General Information

This policy covers your mobile electronic device as detailed in your insurance certificate. This policy, along with the insurance certificate, details what is covered and what is not. Please read both documents carefully. Non-compliance with the conditions may result in invalid claims or reduced compensation amounts. Please contact us immediately if any details in your insurance certificate are incorrect.

Some words in this policy have specific meanings. These words are explained in the “General Terms” section below.

1.1 General Terms

Accessories: All items contained in the original packaging, but not the insured device itself, such as chargers, protectors, cases, headphones, hands-free kits, keyboards.

Age Value of the Device: The percentage value of the purchase price/depreciation on the date a claim is made.

Damage: Damage caused to the insured device by an accidental drop or impact occurring at a specific time and place, affecting the functionality or safe use of the insured device.

Economic Sanction: Any sanction, prohibition, or restriction under United Nations resolutions or trade or economic sanctions, laws, and regulations of the European Union, the United Kingdom, or the United States of America (US economic sanctions apply only if they do not violate local or European regulations).

Excess: A predefined amount payable by the insured for each valid claim made under the insurance policy. The amount of the excess varies depending on the price/value ratio of the insured device.

Explosion: A sudden release of energy caused by gases or vapors expanding outward.

Fire: Conflagration caused outside of any designed source for it or that has left its place of origin and spread spontaneously.

Insured Device: The device and its unique specifications as stated in the insurance certificate.

Lightning: An abrupt electric discharge produced naturally in the atmosphere striking directly on a property.

Loss: The disappearance of your device under circumstances not including theft, and the whereabouts of the device remain unknown.

Market Value: The sale price (including VAT) of the insured device or the price of an equivalent product, which may include refurbished devices.

New Device: A completely new device insured within the first 14 days following the purchase date.

Proof of Purchase: The original receipt and any other documentation required to prove that the device was purchased from a company with VAT registration in your country of residence, including the purchase date, model, serial number, and IMEI code (where applicable). This document will be requested in the event of a claim.

Purchase Price/Value: The original unsubsidized price of the insured device including VAT and excluding any discount, offer, or promotion given by the seller.

Replacement Device: A device similar in specifications, quality, and market price to the insured device. This may include so-called "refurbished devices."

Replacement Value: The amount the insured would have to pay to replace an insured device considering its age and state of repair at the time of the claim event.

Personal and Safe Custody: Visual or physical contact with the insured device and the theoretical ability to perceive and prevent a potential theft.

Theft: Illegal taking of the insured device by another person with the intention of permanently depriving the insured of the device.

Used Device: A device less than 6 months old that was not insured within the first 14 days following the purchase date. This excludes refurbished or second-hand devices unless provided by us as a replacement device.

Waiting Period: Only for second-hand devices, an initial period before coverage begins during which the device is not insured.

We, Our: Import Export GEFT 2014 HK LTD (on behalf of the insured)

You: The individual or legal entity in possession of the device covered by this policy, as stated in the insurance certificate as "the insured" and who must be over 18 years old at the time of policy purchase.

2. Definition of Insurable Objects

2.1 Insured Devices
This policy covers a new or used device that is not damaged at the time of purchasing this policy, including its accessories, as specified here:
Smartphones, mobile phones, tablets, notebooks, smartwatches, e-book readers, cameras, video cameras, projectors, navigation systems, digital photo frames, portable TV and video players, portable music players, headphones and portable speakers, shavers, personal digital assistants, mobile digital assistants.

Used devices are subject to a waiting period of 4 weeks from the policy start date.

2.2 Uninsured Devices
This policy does not cover a device that is:

  • More than 6 months old
  • Not mentioned in 2.1
  • Defective at delivery by the retailer
  • Purchased outside the country of residence
  • Damaged on the date of policy acquisition

3. Definition of Insured and Uninsured Events

3.1 Insured Risks, Damages, and Losses
This policy covers accidental damage to the insured device due to:

  • Operational errors
  • Breakages
  • Device drops and liquid damage (excluding damage or destruction due to weather conditions)
  • Fire, lightning, explosions, implosions, overload, induction, and short circuit
  • Vandalism

Additionally, if the option has been purchased along with this insurance policy, your device is protected against forcible extraction (robbery or assault) and theft of the device outside of your personal custody.

3.2 Uninsured Risks, Damages, and Losses
The following are not covered under this policy:

  • The policy excess
  • Any damage or loss occurring if you have not made the payment or any monthly installment
  • Any damage or loss occurring during the applicable waiting period
  • Claims where you have not kept the insured device in good repair and taken all reasonable measures to prevent damage
  • Damage also covered by any warranty
  • Theft if the device has not been kept safe under your personal custody
  • Theft if the device has been left visible inside a motor vehicle or stolen from premises or buildings unless force was used to access the building
  • Failure of, or caused by, the batteries
  • Any software or data installed, such as phone numbers, ringtones, music, photos, applications, or videos
  • Damage caused by a virus or by installing software or applications or any expenses incurred for reinstallations
  • Cosmetic damage such as scratches, dirt, or loss of color
  • Screen burn or pixel damage
  • Damage occurring during the packaging or transport of the insured device (excluding shipping the device after we have approved a repair at an assigned workshop)
  • Damage caused by unauthorized repairs to the insured device
  • Damage caused by nuclear hazards, war, hostilities, civil conflicts, revolutions, acts of terrorism, protests, insurrections, confiscations, series production failures claimed to the manufacturer by public or legal authorities
  • Damage caused by construction errors, wiring failures, or any other assembly errors of the device
  • Costs derived from adjustments or troubleshooting when there is no damage or need for the device
  • Damage caused intentionally by you
  • Any malfunction or damage that can be corrected by resetting the device to factory settings or cleaning it
  • Direct and indirect collateral damage as well as financial losses
  • Liquid damage caused by weather events, e.g., rain
  • Abuse by unknown persons as a result of theft or loss of the device
  • Wear or gradual deterioration of the device’s functionality
  • Loss of the device
  • Payment of a claim or the provision of any other benefit under this policy if we are prevented from doing so by any economic sanction prohibiting us from providing coverage under this policy

4. Geographic Scope

This insurance is valid worldwide. If an insured device is lost, stolen, or damaged while you are outside your country of residence, the shipping costs to and from the workshop are covered as long as they do not exceed the local rates of your country of residence.

5. Insured Amounts, Limits, and Excess

5.1 Insured Sum
The insured sum is the original purchase price of the device including VAT and excluding any discount, offer, or promotion provided by the seller and shall be the maximum possible compensation payable by us less the applicable excess.

5.2 Compensation
If you claim for damage to your insured device, we will always try to repair it. If your insured device cannot be repaired or the cost of repair exceeds the market price or purchase price of the insured device, you will be entitled to a new replacement device (possibly refurbished). We cannot guarantee that the replacement device will be the same color as the original item. The service of removing the defective device is excluded.
In the event that the insured device cannot be repaired or if a replacement device cannot be provided, we will proceed to a cash settlement.
If we determine that your insured device needs to be replaced following a valid claim, we will try to replace it with a device of identical condition (possibly refurbished) to the original device. The type of compensation (repair, replacement, or cash settlement) is solely at our discretion.
Any repair of the insured device is guaranteed by us for three months, regardless of the expiration or termination of your policy. If the insured device was subject to changes or design improvements before the claim, these are not insured under this policy. If the repair of the device creates additional expenses to maintain these changes, those costs are also not covered by this policy. We will notify you of these costs in advance so that you can pay them separately.
In the event of a cash settlement, the maximum amount payable is the age value or market price of the device, whichever is lower.

5.3 Device Age
Device Age at the Time of Claim
Age Value of the Device
Up to 6 months: 100%
7-12 months: 80%
13-24 months: 60%
25-42 months: 40%

5.4 Excess
For a valid claim to proceed, the respective excess must be paid before the claim is processed. This excess is based on the purchase price at the time of acquisition of the insured device as detailed below:
Purchase Price (EUR) Excess (EUR)
1.00 - 250.00: 35
250.01 - 500.00: 50
500.01 - 750.00: 75
750.01 - 1,000.00: 75
1,000.01 - 1,500.00: 100
1,500.01 - 2,000.00: 150
2,000.01 - 3,000.00: 200
3,000.01 - 4,000.00: 250
4,000.01 - 5,000.00: 300
In case of theft, the excess is 25% of the purchase price.

6. Making a Claim

All claims must be notified as soon as reasonably possible, otherwise, if we have been prejudiced by the delay, we may have the right to deny or reduce the claim appropriately.
All claims for theft or loss: you must notify the local police authority as soon as you discover the theft or loss to obtain a crime reference or lost property number.
To initiate a new claim, you must submit the claim details to us. This is done by registering the claim on our website photofury.com or contact vie email info@photofury.com and selecting "Report a Claim."
Once selected, follow the on-screen instructions. If you have any questions or issues, contact our Customer Service at the number found in "Your Intermediary."
You must complete any claim form we provide and return it signed, along with any additional documentation requested, including but not limited to:

  • Incident number or crime reference or lost property report (if applicable)
  • Proof of purchase
  • The damaged device (including accessories)
  • Photos
  • Any other document we reasonably request relevant to your claim

We will evaluate your claim and, if valid, arrange for the repair of the insured device in accordance with this policy. Before your claim can be processed, you must pay the excess.
Occasionally, we may authorize the use of a local repair shop of your choice. In this case, you must provide us with a repair estimate from that local shop, including the device name, serial number, and cause of damage.

7. General Conditions

7.1 Information You Must Provide a) You are obliged to provide us with all expressly required information and all that is necessary to establish the policy truthfully and in good faith.
b) You are solely responsible for accurately providing the device identification details listed on the insurance certificate (e.g., serial number). Please verify this information as soon as you receive the insurance certificate and report any inaccuracies by email. If you fail to do so and the device identification details do not match what is printed on the certificate, your device may not be covered by this policy. If any of your personal details change (such as name or address), please ensure you contact us as soon as reasonably possible to update your information.
c) During the insurance coverage period, you must maintain the insured device properly and in operational condition and take reasonable care of the device to prevent or at least reduce the risk of damage. Failure to do so may result in subsequent damages not being covered by this policy.
d) If costs arise due to any kind of misrepresentation on your part that would not have arisen if accurate and correct data and information had been provided, we reserve the right to charge you for them.
e) If you intentionally breach any of the obligations stipulated in this policy, it may result in us not being obliged to pay any claims under this policy.
f) If an obligation is breached through negligence, we shall have the right to reduce the payment or compensation in accordance with the severity of the negligence.
g) Except in the case of fraudulent breach or negligence, we would be obliged to compensate unless the breach of the obligation has no causal connection with the event or discovery of the insured event.

7.2 Fraud
We take any suspicion or confirmation of fraud very seriously. If you or someone on your behalf makes a claim with fraudulent or false documentation or exaggerates a claim, you will lose all rights under this policy with immediate effect from the date the fraud was committed.
We also reserve the right to report any fraudulent activity to the police and fraud prevention agencies. It is in your interest that we want to minimize the volume of fraudulent claims by ensuring that certain checks are carried out as part of the claims process.

7.3 Start of Insurance Coverage, Renewals, and Premium Payment
Your policy starts on the date stated in the insurance certificate sent to you by email when you purchase this insurance policy.
The earliest coverage date will be the day after you have purchased this insurance policy, provided you have made the premium payment. Note that there may be a waiting period applicable to your insurance policy.
This is an annual or biennial policy that can be paid in a single payment or in monthly installments. If you make a single payment, you will have paid the total at the time of purchase. If you pay in installments, the price will be charged each month during the policy duration. The due date for each installment is the monthly anniversary of the date indicated in the insurance certificate. If the payment is canceled by you or if the payment collection fails at any time, we will send you a cancellation notice, and any outstanding payments will be due.
An extension of insurance coverage is possible up to 36 months if you have been offered this extension and it has been proactively confirmed by you during the original insurance policy duration.

7.4 Policy Termination
Termination by You
Policyholders can cancel this insurance policy within 14 days from the payment date (cooling-off period) by contacting us at the email address info@photofury.com. If no claim has been made, the full price paid will be refunded. This period expires prematurely if a claim is paid before exercising the right to cancel.
You can cancel the policy at any time; however, no refunds will be made after the initial 14-day period, and if you are making a monthly payment, you must continue paying each month until the insurance end date. If you wish to cancel, you must contact us by email at info@photofury.com.
You can also terminate this policy after making a valid claim.

Termination by Us
We have the right to terminate your insurance policy or change the terms with immediate effect if you:

  • Breach the Terms and Conditions
  • Have acted dishonestly or provided incomplete information at the time of policy creation
  • Have misrepresented or concealed facts when submitting your claim
  • Have committed or attempted to commit fraud
  • Have deceived or tried to deceive us

We may also cancel the policy if you have not made the payment or if we have not been able to collect an installment from your account. We may also terminate this policy after resolving a valid claim. In this case, termination is only possible until the end of the month once the claim is resolved. If we terminate this policy, we will inform you one month in advance in writing. If the premium payment is not made by the deadline in accordance with 7.3, we have the right to terminate the insurance contract and reject any claims.

Automatic Termination
The insurance policy will end at the end of the agreed period without the need for written notification, and no coverage will be considered from that date.
If repair costs exceed the market value, your policy will automatically terminate once the claim is resolved.
This policy will also terminate if you change your permanent country of residence.

7.5 Change, Transfer, or Sale of the Insured Device
If, within the framework of a statutory warranty, you cancel the purchase contract of the insured device with the seller, you can also terminate this policy and obtain a pro-rata refund for the unused portion of the premium payment. The termination will be effective from the date we receive your written request. Alternatively, you have the option, with our consent, to transfer the unused portion of the premium payment to a new device. If the device is exchanged for a new one of equal characteristics and value during the statutory warranty period, the device coverage will be transferred to the new device. To do this, you must provide us with the necessary documentation (proof of shipment, exchange).
You can transfer this insurance policy when transferring the insured device to another person over 18 years old residing in the same country as you at the time of this policy creation. The new policyholder will be covered for the remaining insurance period, and all you need to do is:

  • Notify us of the transfer as soon as possible
  • Provide us with the IMEI and/or serial number of the insured device
  • Provide us with the new owner's name, address, date of birth, and email address.

You must provide the new owner with the terms of this policy and the proof of purchase of the insured device. You must also ask the new owner to contact us to provide their explicit consent to accept these Terms and Conditions to complete the transfer of your insurance.

7.6 Other Insurances
If at the time of a claim under this policy, there is another insurance policy that provides coverage for the same loss, we will provide subsidiary coverage. You will assist us reasonably to recover our losses. In case of a claim, you will be asked for details of any other contract, warranty, or insurance that may apply to the insured device, including but not limited to your home insurance.

8. Policy Cancellation

The cancellation letter must be sent by email to info@photofury.com. Transmitting data via unencrypted email poses significant security risks such as data disclosure due to third-party access, data loss, virus transmissions, transmission errors, etc. You are responsible for the conditions of your email inbox. Your email inbox must be able to receive documents with attachments of up to 5MB in size at all times, and our correspondence should not be filtered into the spam folder. Please note that postal service costs are not covered.

9. Complaints

If there is any occasion when our service does not meet your expectations, please contact us using the following contact details:
Email: info@photofury.com
Please ensure your policy number is quoted in all correspondence to facilitate a quick and efficient response.
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10. Jurisdiction and Applicable Law

This contract is governed by the law of the State of Spain unless excluded by international law.
In the event of a dispute arising from this policy, you may bring proceedings against us in Spanish courts or in any country of the European Union where you reside.
If at the time of legal proceedings, your domicile or habitual residence is in a country outside the European Community, Iceland, Norway, or Switzerland, or if your domicile or place of residence is unknown, we may bring proceedings before a competent court in the area where our head office is located.

11. Changes to Your Policy

You can only insure one device per policy. If you purchase more than one device at the same time, each device must be insured separately by obtaining another insurance policy. Any corrections to the premium payment or the terms and conditions of the policy or the insurance certificate are only valid if we have confirmed them in writing.

12. Data Protection

12.1 Import Export GEFT 2014 HK LTD
We are committed to ensuring your privacy is protected. We will use and safeguard any information you share with us as required by the Organic Law on Data Protection and Guarantee.
We may collect, process, and store information about you, including your name, address, and other information you have provided to obtain a quote or purchase an insurance policy.
We use the information you provide to organize and manage your insurance policy. We also use it to compile statistical studies to improve our services and products or the information available to customers and potential customers before purchasing an insurance policy. If you agree, we will send you marketing information such as updates on insured products or offers that may interest you.
We may also need to share your information with other companies such as insurers, reinsurers, credit or verification agencies, organizations like the Financial Conduct Authority, and other selected third parties.

12.2 Import Export GEFT 2014 HK LTD
Import Export GEFT 2014 HK LTD retains your personal information in accordance with all applicable Data Protection laws.
To administer your policy, Import Export GEFT 2014 HK LTD will collect and use information about you provided by you. This notification applies to anyone insured under this insurance policy whose personal information may be processed for the provision of insurance and related services.
Personal information may be used by us for the purpose of administering your policy, including making decisions in anticipation of insurance coverage, processing and managing claims, and detecting and preventing crime.

Your Insurer
This policy is underwritten by Import Export GEFT 2014 HK LTD, a company registered in Hong Kong.
Details of the scope of our regulation by the Financial Conduct Authority and the Prudential Regulation Authority are available upon request.

Your Intermediary
Import Export GEFT 2014 HK LTD, 706, 7F South Seas Centre, Tower 2, 75 Moody Rd, Tsim ShaTsui, Hong Kong.