Shipping insurance conditions
Article 1 - Definitions
For the purpose of interpreting these insurance Terms & Conditions (hereinafter 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 Client having been the subject of an Incident ;
- " Customer ": any Individual or Professional, Shipper or Recipient using the Parcel Insurance ;
- " Delivery ": 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 which 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 a number of 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 ": person named as the Recipient of the Package or the Item on the Shipping Label, and also named in the form completed by the Customer when subscribing to Secursus's Services ;
- " Second Hand Merchandise(s) ": any Items in 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 registered office at 86 Boulevard Maurice Barres, 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 ": 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
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:
86 Boulevard Maurice Barres
92200 Neuilly-sur-Seine, France
Article 3 - Territorial scope of the Parcel Insurance
3.1. The Parcel Insurance covers the Items during transit worldwide, with the exception of those countries listed in article 3.2 below.
3.2. 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, Myanmar (Burma), Iran, Kenya, Central African Republic, Cuba, Ghana, North Korea, Democratic Republic of the Congo, Iraq, Liberia, Libya, Nigeria, Mali, Russia, Senegal, Somalia, Sudan, South Sudan, Syria, Tchad, Togo, Ukraine, Venezuela, Zimbabwe.
Article 4 - Items covered by the Parcel Insurance
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:
- jewelries, pearls and precious stones, watches;
- goldsmithing, collector coins;
- leather goods;
- works of art or collectible Items, collector's stamps;
- high-tech Items;
- clothings, shoes, fashion accessories;
- sporting goods (including Bicycles);
- books, magazines, posters;
- medicines that do not require controlled temperature;
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:
- 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;
- TOBACCO, CIGARETTES, ALCOHOL;
- PORCELAIN, CERAMICS, VASES, POTTERY, CROCKERY. THE PACKAGING OF THESE GOODS MUST BE VALIDATED BEFORE SHIPMENT IN ORDER TO BE INSURED.
4.4. The Parcel Insurance covers Packages up to a value of €100,000 (one hundred thousand euros) beyond which the Parcel Insurance no longer applies. That said, Secursus is willing to consider specific Customer requests for Items or Packages 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.
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 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.
Article 6 - Types of risks covered by the Parcel Insurance
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:
- RUST AND/OR 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 CLEARLY RESULTING FROM AN INCIDENT DURING TRANSIT;
- ARTISTIC DEPRECIATION;
- LOSS OF DATA RECORDED ON MAGNETIC MEDIA;
- SCRATCHES, SCUFFS, DEFORMATION, AND OTHER COSMETIC DAMAGE;
- DAMAGE DUE TO USE (SECONDHAND 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).
6.3. THESE EXCEPTIONAL EVENTS ARE NOT COVERED BY THE PARCEL INSURANCE:
- CONFISCATION, SEQUESTRATION, REQUISITION, BLOCKADE RUNNING, SMUGGLING, ANY KIND OF 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
Article 7 - Approved Carriers and Delivery methods
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" 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 in a way 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, cardboard envelope, then placed secondly in a larger and resistant packaging such as a box, cardboard, etc.);
- there must be no information on the packaging that could be used to deduce the nature nor value of the Items. In particular, the packaging must not indicate (non-exclusive list): name or description of the Items; name of a firm; 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 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.
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(s) dating less than 2 (two) months from the Collection Date in case the Customer is an official Business, or a written and signed agreement between the buyer and the seller stipulating the value of the Merchandise(s) dating less than 2 (two) months from the Collection Date, in case the Customer is an Individual;
- an expert's estimate made prior shipping stipulating the value of the Merchandise(s) dating less than 2 (two) months from the Pickup Date.
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) or an expert's statement drawn up before shipping. 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.
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 andprecise 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. Before a claim can be submitted, the Customer must be able to provide Secursus with the following documents without delay:
- 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 of 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 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 + 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 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 firstname.lastname@example.org. 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.
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. 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.
Article 13 – Liability and Fraud
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 Parcel.
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:
- Suspension of the Customer account;
- Suspension of the Compensation claim;
- Secursus will initiate criminal proceedings against the Customer, Sender or Recipient.
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.
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&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.
Article 15 - Personal data
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:
- manage the Parcel Insurance as well as relations with the Customer;
- strengthen and improve the level of communication of the Website;
- enhance and personalize the services pushed to the Customer; and
- respect the legal and regulatory obligations.
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.
Article 16 - Cookies
Article 17 - Applicable law - Language
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.
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.
Geschichte der Vertragsversionen