Contratto di assicurazione

Shipping Insurance Terms and Conditions

Article 1 – Definitions

To interpret these insurance Terms & Conditions (from now on, the "T&C"), the following definitions apply:

• Brand New Merchandise(s): any Items in new condition subject to a sales contract of which the seller is a professional;
• Business(es): any natural or legal person, public or private, who acts for purposes falling within the scope of his commercial, industrial, craft, liberal, or agricultural activity, including when acting in the name or on behalf of another professional;
• Carrier: any air or land Carrier, or the Postal Service;
• Compensation: amount paid by the Insurer or Secursus to the Customer who has been the subject of an Incident;
• Customer: any Individual or Professional, Shipper, or Recipient using Parcel Insurance;
• Delivery: the physical handover of the Package or the Item to its Recipient;
• Exclusions: list of Goods excluded by their nature defined in Article 4.3. of the General Conditions;
• Incident: total or partial theft, damage, or non-delivery of the Items;
• Individual(s): any natural person who acts for purposes that do not fall within the framework of a commercial, industrial, craft, liberal, or agricultural activity;
• Insurer: the insurance company providing the Parcel Insurance;
• Item: any movable object that is not listed in the exclusions list (4.3);
• Package(s) or Parcels(s): a single Item or several Items, regardless of weight, size, or volume, constituting an identifiable unit load when handed over to the Carrier, excluding pallets;
• Parcel Insurance: the insurance contract covering the carried Items, provided by the Insurer, and available only from Secursus;
• Pick-Up Date: the date on which the Package or the Items are handed over to the Carrier;
• Recipient: the person mentioned on the shipping label as the recipient of the package or item, who is also the person mentioned on the proof of value.
• Second-Hand Merchandise(s): any Items in a used condition that are bought or sold;
• Secursus: an agent of insurance intermediary listed in the Nanterre Trade & Companies Register under number 837 953 041, with a registered office at 99 Avenue Achille Peretti, 92200 Neuilly-sur-Seine, France, accredited by ORIAS (i.e., the centralized database of Insurance, Banking and Finance Services brokers) under number 18002684;
• Service(s): service of acting as an agent of insurance intermediary provided by Secursus;
• Shipper or Sender: person mentioned as being the Sender of the Parcel or the Goods on the Shipping Label and in the form completed by the Customer when subscribing to the Parcel Insurance;
• Website: the website www.secursus.com.

Article 2 - Application of the T&C

These general Terms and Conditions define the contractual framework of the relationship between Secursus and its Professional or Individual Customers. The Sender and the Recipient must be two distinct natural or legal persons. A natural person who would be the legal representative of a legal person is not considered as two separate persons. However, it is specified that Parcel Insurance only applies to Second-hand Goods concerning Individual Shippers. Private Shippers not having to carry out a commercial act within the meaning of article L.110-1 1 ° of the Commercial Code for applying these General Conditions. The T&Cs are accessible at all times on the Website and prevail over all and any other contradictory documents. When purchasing our Services, it is considered that the Customer has read the T&C and has accepted them by ticking the box provided for this purpose and the general terms and conditions of use of our Website. Contact details for Secursus: Figural / Secursus, 99 Avenue Achille Peretti, 92200 Neuilly-sur-Seine, France Email: contact@secursus.com.

Article 3 - Territorial Scope of the Parcel Insurance

3.1.Countries covered by the Parcel Insurance

The following countries are covered in full: all European countries and the United Kingdom. Only international shipments will be covered for the following countries: the U.S.A., Canada, Japan, South Korea, Switzerland, Singapore, Australia, Hong Kong, Norway, New Zealand, and Israel.

3.2.Countries Excluded from the Insurance Policy

The following countries are explicitly excluded from coverage, regardless of whether they be the country of origin or destination: any countries subject to embargo as well as any country where the execution of the Parcel Insurance would cause Secursus or the Insurer to incur a sanction, prohibition, or restriction as a result of a resolution passed by the United Nations and/or as a result of economic or trade sanctions provided for by the laws or regulations of the European Union, France, the United States of America, or any other national law formalizing such measures. The following countries are explicitly excluded: Afghanistan, Belarus, Burma, Cuba, North Korea, Iraq, Iran, Russia, Syria, Ukraine, Venezuela, and the entire African continent.

Article 4 - Items covered by the Parcel Insurance

4.1. Secursus insures all new and used Items except those listed in the exclusion list (4.3).

4.2. Here are some examples of Items covered by Parcel Insurance:

• jewelry, pearls, and precious stones, watches;
• goldsmithing, collector coins;
• leather goods;
• works of art or collectible Items, collector's stamps;
• handicrafts;
• high-tech Items;
• clothing, shoes, and fashion accessories;
• sporting goods (including Bicycles);
• books, magazines, posters;
• medicines that do not require controlled temperature;

This list is not exhaustive. Parcel Insurance will cover all items that are not on the exclusion list (4.3). Once entrusted to a Carrier, the above-mentioned Items are covered by the Parcel Insurance, provided that, first, the Customer has complied with the obligations outlined in Article 8, and second, the total declared value of the Package does not exceed the amount declared to Secursus.

4.3. THE FOLLOWING, GIVEN THEIR NATURE, ARE NOT WITHIN THE SCOPE OF THE PARCEL INSURANCE:

• ALIVE ANIMALS;
• MERCHANDISE TRAVELING UNDER CONTROLLED-TEMPERATURE CONDITIONS (POSITIVE OR NEGATIVE);
• MANUFACTURING OR PRODUCTION EQUIPMENT;
• ITEMS SHIPPED IN BULK BY SEA OR RIVER;
• BANKNOTES, COUPONS, SECURITIES, CHECKS, CURRENCIES, PURE PRECIOUS METALS;
• FURS, SKINS, LEATHERS;
• FURNITURE OR ITEMS BEING MOVED;
• CONTAINER BODIES;
• COMMODITIES FALLING WITHIN THE SCOPE OF TRADING IN RAW COMMODITIES;
• MERCHANDISE CLASSIFIED AS DANGEROUS BY THE CONVENTIONS, LAWS, OR REGULATIONS IN FORCE;
• WEAPONS AND AIR GUNS (UNLESS APPROVED BY SECURSUS IN WRITING)
• TOBACCO, CIGARETTES, ALCOHOL, ANY GOODS CONTAINING CBD;
• OBJECTS OR ART OBJECTS MADE OF GLASS, PORCELAIN, CERAMICS, EARTHENWARE, CRYSTALWARE, MIRRORS, VASES, POTTERY, CROCKERY, and TV AND COMPUTER SCREENS. SECURSUS MUST VALIDATE THE PACKAGING OF THESE GOODS BEFORE SHIPPING TO BE INSURED.

4.4. The Parcel Insurance is limited to € 100,000 (one hundred thousand) per Customer and day for shipments to the same Carrier, regardless of the number of Parcels. Secursus is willing to consider specific Customer requests for Items or Parcels of a higher value.

4.5. The Parcel Insurance also covers returned Items, provided that the Items are, when returned, whole, merchantable, and properly packaged in accordance with the requirements set forth in article 8.1 below and that the Parcel Insurance covered the same Items during the initial (outgoing) shipment.

Article 5 - Duration of coverage of the Parcel Insurance

5.1. For Items entrusted to a Carrier, the Parcel Insurance enters into effect at the moment when the insured Items, packaged per the requirements set out in article 8, are handed over to the Carrier and ends upon delivery, to the Recipient, against receipt issued by the latter, or, at the latest, 14 (fourteen) days as from the Pick-Up Date, this regardless of the means of transportation.

5.2. For returned Items, the Parcel Insurance terminates either 14 (fourteen) days after the Initial Pick-Up Date, regardless of the means of transportation. The Goods delivered and then returned to the Sender are not covered by Parcel Insurance (unless agreed in writing by Secursus).

Article 6 - Types of risks covered by the Parcel Insurance

6.1. Parcel Insurance covers loss and complete theft, partial theft, or damages caused to the Items during transit.

6.2. THE PARCEL INSURANCE DOES NOT COVER:

• RUST AND OXIDATION ON ITEMS SHIPPED WITHOUT PROPER WRAPPING/PACKAGING;
• THE FUNCTIONAL BREAKAGE OF ITEMS OR DISRUPTION/MALFUNCTION OF ANY ITEMS WITH ONE OR SEVERAL MECHANICAL, ELECTRICAL OR ELECTRONIC MECHANISMS NOT RESULTING FROM AN INCIDENT DURING TRANSIT;
• DEPRECIATION;
• LOSS OF DATA RECORDED ON MAGNETIC MEDIA;
• SCRATCHES, SCUFFS, DEFORMATION, AND OTHER COSMETIC DAMAGE;
• DAMAGE DUE TO USE (SECOND-HAND ITEMS);
• LOSSES OR DAMAGES ON PACKAGES THAT WERE RECEIVED WITHOUT SIGNATURE OR THAT WERE RECEIVED WITH A NON-CONFORMING SIGNATURE;
• RISKS RELATED TO ELECTROMAGNETIC, BIOCHEMICAL, BIOLOGICAL OR RADIOACTIVE CONTAMINATION, OR CHEMICAL WEAPONS;
• NUCLEAR RISKS;
• CYBER RISKS;
• ITEMS THAT ARE ALREADY BROKEN OR WEAKENED (UNLESS APPROVED BY SECURSUS IN WRITING);
• ITEMS SHIPPED ON A PALLET (UNLESS APPROVED BY SECURSUS IN WRITING);
• ITEMS SHIPPED THAT ARE SOLD/PURCHASED ON AN ONLINE MARKETPLACE BY INDIVIDUALS. ONLY OFFICIAL BUSINESSES WILL BE COVERED UNLESS APPROVED IN WRITING.

6.3. THESE EXCEPTIONAL EVENTS ARE NOT COVERED BY THE PARCEL INSURANCE:

• CONFISCATION, SEQUESTRATION, REQUISITION, BLOCKADE RUNNING, SMUGGLING, ANY ARREST OR SEIZURE, THE INSURER FURTHERMORE NOT BEING LIABLE FOR ANY SECURITY PAYABLE FOR RELEASE OF THE INSURED CARGO IN SUCH CIRCUMSTANCES;
• WILFUL MISCONDUCT OR GROSS NEGLIGENCE OF THE CUSTOMER OR ANY OTHER BENEFICIARY OF THE INSURANCE, REPRESENTATIVES OR OTHER AUTHORIZED PERSONS;
• INHERENT VICE OF THE INSURED CARGO; WORM AND VERMIN UNLESS CAUSED BY CONTAMINATION DURING THE INSURED VOYAGE, EFFECT OF ATMOSPHERIC TEMPERATURE, ORDINARY LEAKAGE OR ORDINARY LOSS IN WEIGHT OR VOLUME;
• ABSENCE OR INADEQUACY, OR UNSUITABILITY OF PREPARATION, PACKING, OR PACKAGING;
• WAR OR CIVIL WAR, HOSTILITIES, REPRISALS, TORPEDOES, MINES, AND ALL OTHER WEAPONS OF WAR, AND GENERALLY ALL ACCIDENTS AND MISFORTUNES OF WAR, AS WELL AS ACTS OF SABOTAGE OR TERRORISM OF A POLITICAL NATURE OR RELATED TO WAR;
• CAPTURE, TAKINGS AT SEA, ARREST, SEIZURE, RESTRAINT, MOLESTATION, OR DETENTION BY ANY GOVERNMENT OR AUTHORITY;
• RIOTS, CIVIL COMMOTION, STRIKES, LOCKOUTS, AND OTHER SIMILAR EVENTS;
• PIRACY OF A POLITICAL NATURE OR RELATED TO WAR.

6.4. NO INSURER SHALL BE DEEMED TO PROVIDE COVER, AND NO INSURER SHALL BE LIABLE TO PAY ANY CLAIM OR PROVIDE ANY BENEFIT HEREUNDER TO THE EXTENT THAT THE PROVISION OF SUCH COVER, PAYMENT OF SUCH CLAIM, OR PROVISION OF SUCH BENEFIT WOULD EXPOSE THAT INSURER TO ANY SANCTION, PROHIBITION OR RESTRICTION UNDER UNITED NATIONS RESOLUTIONS OR THE TRADE OR ECONOMIC SANCTIONS, LAWS OR REGULATIONS OF THE EUROPEAN UNION, FRANCE, UNITED STATES OF AMERICA OR ANY OTHER APPLICABLE NATIONAL LAW IMPOSING SUCH MEASURES.

Article 7 - Approved Carriers and Delivery Methods

7.1. Packages must be insured on the same day as shipping (until midnight) by the Sender or before if the tracking number is already known. Packages insured by Recipients are not covered by Parcel Insurance unless approved in writing by Secursus.

7.2. The Parcel Insurance only applies to Parcels shipped with an « adult signature » or « direct signature » of the Recipient.

The Parcel Insurance coverage ends when delivery is made. Delivery is made when a package is signed for at the consigned location or when the Package is left at the consigned location without a signature (in case the Carrier doesn't need a signature), as determined by the Carrier's tracking information.

Delivery information is based on information provided by the Carrier.

7.3. The Goods entrusted to a river or sea carrier are not covered by Parcel Insurance.

7.4. The Parcel Insurance does not apply to Items shipped to or from parcel shops or parcel lockers unless approved by Secursus in writing. For instance, they are considered « parcel shops » if they are not primarily dedicated to parcel shipping (as opposed to FedEx, U.P.S., and DHL dedicated offices). Parcels must be dropped off at an official carrier shop or picked up by the Carrier from your home or Business address.

7.5. Parcel Insurance Exception

As an exception, the carrier "Hermes" (Evri) is limited to €1000 (one thousand euros) per Parcel.

Article 8 - The Customer's Obligations

The Parcel Insurance will not apply if the Customer does not meet all the following requirements:

8.1. Requirements relating to the packaging of the Items

8.1.1. Requirements applicable when the Items are handed over to an accepted Carrier:

• The Items must be shipped inside rigid containers so the content cannot be deduced by touching the container. The shipping label must be affixed to the outside of the Package on a rigid surface.
• The Goods must be properly packed using new, resistant double packaging. (More specifically, double packaging means that your goods are first packed in a first container such as cardboard, box, bubble wrap, or cardboard envelope, then placed secondly in a larger and rigid packaging such as a box, cardboard, etc.).
• The Goods must be prepared, packed, and packaged sufficiently and appropriately according to their nature in order to withstand the risks of transport.
• There must be no information on the packaging that could be used to deduce the nature or value of the Items. In particular, the packaging must not indicate (non-exclusive list): the name or description of the Items; the name of a firm; the name of a website; any other information that could be used to deduce the nature of the Items; the customs form is not considered as an indication of the value, it should be placed under the airway-bill.
• A photograph of the Package as well as of the Package's contents must be taken before each shipment.

8.1.2. Rules about damaged Items

If the Package arrives damaged or altered, the Customer must describe the damage precisely on the delivery slip in order to be compensated. If the Customer signs the delivery note without making any reservations with the courier who delivers the Goods, the Customer accepts the Goods and waives any claim. In any event, in case of doubt, the Customer has the right to check the Package's contents before signing the delivery note.

8.1.3. Special rule regarding non-resistant packaging

Non-rigid and non-resistant packaging, such as bubble envelopes or thin cardboard envelopes, will be insured for a maximum value of €200 (two hundred euros) per Package.

8.2. The requirements relating to the shipping methods

The goods or Packages must be shipped over to the Recipient against the Recipient's signature. The shipping label must be attached to the Package with full contact details of the Recipient, including first name, last name, phone number, full address, zip code, city, and country. Suppose the Recipient or the Sender agrees with the Carrier that the Delivery of goods or the Package be delivered without signature, to a third party, in his/her (or their) absence, in his/her (or their) mailbox or in any other place. In that case, it stops being covered by the Parcel Insurance. If the negligence comes from the Carrier, the Parcel Insurance still applies.

8.3. Requirements regarding the insured value of the Items

The Customer must declare the value of the Merchandise(s) in the Package when subscribing to the insurance. This value must be established by the following proofs only:

• For Brand New Goods: An invoice for the Goods(s) dating less than 2 (two) months from the Collection Date;
• For Second-hand Goods: An invoice for the Goods dated within two months of the Collection Date, if the Customer is a business, or a written and signed agreement between the Customer and the Recipient stating the value of the Goods, if the Customer is an individual.

Article 9 - Compensation value

9.1. The Parcel Insurance reimburses the value declared to Secursus only if the insured value is proved by a commercial invoice (for Businesses), by a certificate of sale (for Individuals). These documents must be backed with proof of payment.

9.2. The total amount refunded may not exceed the insured value. In the event that the Customer receives compensation from the Carrier (such may be the case when the Carrier has committed a fault), this will be deducted from the final reimbursement. It is specified that the Customer cannot generate a profit by combining the compensation from the Carrier and the refund from the Parcel Insurance provided by Secursus.

Article 10 - Reimbursement of a claim

10.1. In the event of a claim, the Customer must:

• Take precautionary measures to protect the insured Items and limit damage;
• Retain all rights and legal recourse options against the Carriers and/or any third party assumed to be responsible;
• In case the Parcel arrives damaged or tampered: write clear and precise reservations on the Delivery slip;
• Take a picture of the Package and its content;
• Keep all damaged packaging;
• In the case of theft, file a complaint with the police.

10.2. The Customer must provide Secursus with the following documents within 14 days of shipping to file a claim:

• Copy of identity document and/or Business registration from the company;
• Carrier Shipping Label;
• Proof of the insured value of the Goods (s) as explained in Article 8.3. including a proof of payment (credit card receipt or copy of bank transfer) establishing the transaction;
• Copy of the claim addressed to the Carrier and, if applicable, of the latter's responses;
• The photo of the Parcel and its contents taken by the Shipper before the Collection Date;
• The photo of the Parcel received damaged or of which the Merchandise(s) is/are missing;
• In the event of a loss: the certificate of non-delivery issued by the Carrier;
• In the event of theft: copy of the police complaint in the country where the theft occurred;
• In the event of damage (s): a repair quote and/or a repair invoice paid by the Shipper. Once the invoice has been paid, Secursus will compensate for the damage.

Secursus reserves the right to open an investigation and ask the Insured for any other useful documents.

10.3. Secursus applies a filing deadline for claims. In the event of an Incident, the Customer must notify Secursus without delay, and in any case within 3 days of the originally scheduled delivery date, and in any case within 14 days of shipment.

10.4. Secursus will provide support to the Customer in processing its claim. Secursus will be the Customer's direct contact person and, to this end, will help the Customer fill in the forms and identify the documents required to submit a complete claim to the Insurer.

10.5. In case of non-delivery of one or more Packages, the Customer must provide proof of due diligence performed to obtain, from the Carrier, the definitive voucher for the missing/damaged Items and must give a written undertaking to accept any Package(s) that might be subsequently found and to reimburse, to the Insurer, the corresponding insurance value, less the amount of any damages or losses covered by the Parcel Insurance.

Article 11 - Options of Recourse against Carriers

In all cases, the Insurer is subrogated in the rights of the Customer as regards undertaking actions of recourse against Carriers or any third parties assumed to be responsible.

Article 12 - Cost of the Insurance Service / Refund

12.1. Cost Calculation

The cost of the Insurance Service offered by Secursus is calculated based on the Package's value and depends on your location. The pricing can be calculated using the insurance calculator on the Secursus home page.

12.2. Payment

The cost of the Service must be paid in full, upfront, on the day of subscription to the Service, by way of secure online credit card payment: Visa, MasterCard, American Express, or other credit cards.

12.3. Refund Policy

The Customer is entitled to request the cancellation of the insurance and request a refund within 14 days only if the Package has not been shipped. Once the Parcel has been taken over by the Carrier, the insurance service will take effect immediately and will no longer be refundable or voidable.

Article 13 – Liability and Fraud

13.1. Liability

Each party assumes the consequences arising from its faults and breaches of obligations incumbent on it in accordance with these General Conditions; there is no solidarity between the parties. The limit of liability applicable to Secursus in the event that it is established cannot exceed all the damages combined and, in any event, 100,000 € (one hundred thousand) euros per Customer and per day for shipments to the same Carrier, regardless of the number of Parcels.

13.2. Fraud

Parcel Insurance does not cover claims arising directly or indirectly from fraud/dishonesty/negligence, including but not limited to credit card fraud, check fraud, C.O.D. fraud, mail fraud, or any fraud on behalf of the shipper/recipient or their employees.

In the event that Secursus has doubts as to the good faith of the Customer, Sender or Recipient, Secursus will reserve the right to open an investigation and to request any parts, documents, or elements allowing to establish the good faith of the Customer, Sender or Recipient. Further investigations will be led for customers who open a claim for their first insured Package.

Article 14 - Force majeure

Neither Secursus nor the Customer shall incur any liability if a failure or delay in rendering the Services or respecting their obligations as set forth in these T&Cs are attributable to a force majeure, within the meaning of articles 1218 of the French Civil Code. The first party evoking the force majeure shall promptly inform the other party of the first party's inability to render the Service or respect an obligation and shall submit written proof of the force majeure. Please note that any suspension of obligations shall not release the non-performing party from its obligation to render the Service or respect its commitments.

Article 15 - Personal data

The Customer is informed and accepts that its data may be collected on the Website, and may be used by Secursus, intervening as 'Data Controller' within the meaning of the Regulation (E.U.) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/E.C. Secursus undertakes to protect and ensure the security and confidentiality of the personal data of its Customers in accordance with the GDPR, including taking all necessary precautions to prevent said data from being altered, damaged or shared with a third party without permission.

Article 16 – Cookies

The Website uses cookies. A cookie is a small text file placed or stored on a Customer's device (computer, tablet, or mobile device) when the Customer visits our Website. Most of the cookies used by Secursus and saved when the Customer browses our Website are either required to ensure the basic operation of our Website or are intended to enable or facilitate the Customer's browsing experience. Only Secursus is able to read or change the information contained in its cookies. The Customer's prior consent may be required before certain cookies can be read or placed on the Customer's device. In this case, the Customer will be duly informed by means of the cookie banner and by these T&C, and the Customer's consent will be required by checking the corresponding box.

Article 17 - Applicable law – Language

These T&Cs and the related insurance transactions are governed by French law. These T&Cs were originally written in French, and even if translated into another language, only the French-language version shall prevail in the event of a dispute.

Article 18 – Litigation

All and any disputes that might arise in regards to the services rendered under these terms and conditions, be this as regards their validity, interpretation, execution, termination, consequences, as well as any follow-up actions which have not been amicably resolved between secursus and the Customer shall be submitted to the competent courts under conditions of common law. The Customer can also avail of conventional mediation, including, in particular, the Commission de la médiation de la consommation (Commissioned for Consumer Mediation (French Consumer Code Article L 612-1) as well as other sectoral mediation bodies (contact details given on our Website), or other alternative channels of recourse (reconciliation, for example) in the event of a dispute.

Article 19 - Pre-Contractual Information - Customer Acceptance

The Customer acknowledges that it received, prior to signing any contract, these T&C, considered by the Customer as sufficiently clear and understandable, as well as a copy of the information indicated in article L. 221-5 of the French Consumer Code, including in particular, information concerning:

• the essential characteristics of the Service;
• the cost of the Service;
• information concerning sufficiently detailed to identify Secursus, as well as its contact details (land mail, phone number, and email) and details of its Business;
• information concerning the functionality of digital content as well as, as applicable, its interoperability;
• information to the effect that the Customer can avail of conventional mediation in the event of litigation.

Where a legal person or a physical person carries out an immediate purchase or subscribes to a Service, this shall be considered as tantamount to said legal/physical person fully accepting these T&C, as well as an obligation to pay for the ordered Services. This is expressly recognized by the Customer, who agrees, in particular, not to call on, nor to attempt to call on, the authority of any other contradictory document, whereby any such contradictory document shall be considered as unenforceable again Secursus.