Anwendbare Bedingungen zur der Versicherung
For the purpose of interpreting these insurance Terms & Conditions (hereinafter the "T&C"), the following definitions apply:
The purpose of these general Terms and Conditions is to 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 the 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 the application of these General Conditions. The T&C 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, as well as the general terms and conditions of use of our Website. Contact details for Secursus: Secursus 86 Boulevard Maurice Barres 92200 Neuilly-sur-Seine, France Email: firstname.lastname@example.org
3.1.Countries covered by the Parcel Insurance
The following countries are covered: all European countries and the United Kingdom. Only international shipments will be covered for the following countries: USA, Canada, Japan, South Korea, Switzerland, Singapore, Australia, Hong Kong, Norway, New Zealand, Israel.
3.2.Countries excluded from the Insurance Policy
The following countries are excluded from coverage, regardless of whether they be the country of origin or of 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, as well as the entire African continent.
4.1. Secursus insures all new and used goods, except those listed in the exclusion list (4.3).
4.2. Here are some examples of Items covered by the Parcel Insurance:
This is not an exclusive list. All goods that are not listed in the exclusion list (4.3) will be covered by the Parcel Insurance. Once entrusted to a Carrier, the above Items are covered by the Parcel Insurance contingent upon firstly, the Customer having respected the obligations set out in article 8, and secondly, the total value of the Package not exceeding the amount declared to Secursus.
4.3. THE FOLLOWING, GIVEN THEIR NATURE, ARE NOT WITHIN THE SCOPE OF THE PARCEL INSURANCE:
4.4. The Parcel Insurance is limited to € 100,000 (one hundred thousand) per customer and per 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 same Items were covered by the Parcel Insurance during the initial (i.e. outgoing) shipment.
5.1. For Items entrusted to a Carrier, the Parcel Insurance enters into effect at the moment when the insured Items, packaged in accordance with 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.
6.1. The Parcel Insurance covers loss and complete theft or partial theft, or damages caused to the Items.
6.2. THE PARCEL INSURANCE DOES NOT COVER:
6.3. THESE EXCEPTIONAL EVENTS ARE NOT COVERED BY THE PARCEL INSURANCE:
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.
7.1. Packages must be insured on the very same day as shipping (until midnight) by the Sender, or before if the tracking number is already known.
Packages insured by Recipients won't be covered by our Insurance Policy.
7.1. The Parcel Insurance only applies to Packages shipped by signed-for delivery service to the Recipient. Secursus accepts air/ground Carriers that offer a public tracking system and a signed-for delivery service. The Parcel Insurance is effective for 14 (fourteen) days from the initial shipment departure. Make sure you opt for a fairly swift shipment service to ensure the parcel is delivered within that time.
7.2. The Goods entrusted to a river or sea carrier are not covered by the Parcel Insurance.
7.3. 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, are considered as « parcel shops » shops that are not primarily dedicated to parcel shipping (as opposite to Fedex, UPS, DHL dedicated offices). Parcels need to be dropped-off at an official carrier shop or picked-up by the carrier from your home or Business address.
7.4. As an exception, the carrier "Hermes" (Evri) is limited to €1000 (one thousand euros) per Parcel.
The Parcel Insurance will not apply if the Customer does not meet all the following requirements:
8.1.1. Requirements applicable when the Items are handed over to an accepted Carrier:
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.
The goods or Packages must 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, zipcode, city, and country. If the Recipient or the sender agrees with the Carrier that the Delivery of the 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, it stops being covered by the Parcel Insurance. If the negligence comes from the Carrier, the Parcel Insurance still applies.
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:
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 a proof of payment.
9.2. The total amount refunded may in no case 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 being 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.
10.1. In the event of a claim, the Customer must:
10.2. Before a claim can be submitted, the Customer must be able to provide Secursus with the following documents without delay:
Secursus reserves the right to open an investigation and to ask the Insured any other documents deemed useful.
10.3. In case of an Incident, the customer must inform Secursus without delay, and in any case within no more than 3 days from the originally scheduled delivery date, doing so by sending an email to email@example.com. The email must clearly describe the Incident, must have a picture of the Package and of its content prior to shipment, and must have the Carrier tracking number given to Secursus when taking out the Insurance Service.
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 with respect to 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.
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.
12.1. 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. 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, other credit cards.
12.3. 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.
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.
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. During the internal investigation procedure, the parts, documents and elements submitted to Secursus as part of a compensation claim are automatically checked and controlled to detect any documents, parts and elements modified or altered. If following the internal investigation, there is still a doubt as to the good faith of the Customer, Sender or Recipient; Secursus will take the following actions:
It is specified that under Articles 313-1 and 441-1 of the French Criminal Code: Fraud is the act, either by the use of a false name or of a false designation, or by the abuse of a true quality, or by the use of fraudulent maneuvers, of deceiving a natural person or moral and thus to determine, to its prejudice or to the prejudice of a third party, to remit funds, values or any good, to provide a service or to consent to an act operating obligation or discharge. The fraud is punished by five years imprisonment and a fine of 375,000 euros.
Any fraudulent alteration of the truth, likely to cause harm and accomplished by any means whatsoever, in writing or any other medium of expression of thought which has as its object or which may have the effect of, constitutes a falsehood. establish proof of a right or a fact having legal consequences. Forgery and the use of forgery are punishable by three years' imprisonment and a fine of 45,000 euros.
Further investigations will be lead for customers who open a claim for their first insured Package.
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&C 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 obligations. Any suspension of obligations due to force majeure shall not cause the non-performing party to incur any penalties nor fines. Performance of an obligation shall be suspended for the duration of the force majeure, assuming it be temporary. Thus, as soon as the force majeure ceases to exist, the parties shall do their utmost to return to normal performance of their contractual obligations without delay. To this end, the non-performing party shall inform the other party, by way of registered letter with request of proof of delivery or by way of an extrajudicial document, that it has recommenced performance of its obligations.
The Customer is informed, and accepts, that its personal data may be collected on the Website, and may be used by Secursus, intervening as 'Data Controller' within the meaning of the Regulation (EU) 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/EC (hereinafter the General Data Protection Regulation or GDPR). Secursus undertakes to protect and ensure the security and confidentiality of the personal data of its Customers in accordance with the GDPR, this including taking all necessary precautions to prevent said data from being altered, damaged or shared with a third party without permission. In particular, Customers' personal data may be forwarded to the Insurer who, in its capacity as a subcontractor within the meaning of the GDPR, is intervening in order to ensure the Items, this explaining why the Insurer needs to have the personal data entered by the Customer when signing the Insurance policy with Secursus. Please note however that subcontractors can only act in accordance with instructions given by the Secursus.
Customers' personal data is collected for the following purposes:
Customers' personal data is retained only for the period of time strictly necessary to meet the end purposes set out above. In keeping with the GDPR, Customers have a right of access, rectification and opposition to all their personal data (hereinafter the "Data Protection Rights"). To exercise all or any of its Data Protection Rights, the Customer must send a letter or email to Secursus, indicating its last name, first name, email address, and its customer reference. Each such request must be signed and include a photocopy of an identification document bearing the Customer's signature. Lastly, a reply address must be given. Secursus will respond to requests made on the basis of one or several Data Protection Rights within no more than 2 months of receiving the request. The Customer can provide Secursus with specific instructions as to how his/her Data Protection Rights are to be exercised upon his/her decease, in keeping with the GDPR. For more information regarding the processing of personal data, please refer to the Secursus Privacy Statement available on its Website.
These T&C and the related insurance transactions are governed by French law. These T&C 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.
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.
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:
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.
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