Shipping insurance conditions
Article 1 - Definitions
For the purpose of interpreting these insurance Terms & Conditions (hereinafter the "T&C"), the following definitions apply:
- "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;
- "Parcel Insurance": the insurance contract covering the carried items, provided by the Insurer, and available only from Secursus;
- "Insurer": the insurance company providing the Parcel Insurance, or the insurance broker of which Secursus is the agent. Their respective identities can be revealed to the Customer on request;
- "Website": the Website www.secursus.com;
- "Package": 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;
- "Item": any movable object listed, to the exclusion of all others, in article 4 of these T&C, and in regards of which the Service is rendered;
- "Carrier": any air or land Carrier, or the Postal Service;
- "Delivery": physical handover of the Package or the Item to its Recipient;
- "Recipient": person named as the Recipient of the Package or the Item on the transport slip, and also named in the form completed by the Customer when subscribing to Secursus's Services.
- "Pick-Up Date": the date on which the Package or the Items are handed over to the Carrier;
- "Incident": total or partial theft, damage, or non-Delivery of the Items;
- "Service": service of acting as an agent of insurance intermediary provided by Secursus.
- "E-Merchant": any official business selling or buying items online;
Article 2 - Application of the T&C
The purpose of the T&C is to define the contractual framework for relations between Secursus and its professional or private Customers.
The T&C apply without restriction nor reserve to any purchase of subscription services to the Parcel Insurance.
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, Central African Republic, Cuba, North Korea, Democratic Republic of the Congo, Iraq, Liberia, Libya, Russia, Somalia, Sudan, South Sudan, Syria, 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 risky goods covered by the Parcel Insurance:
- jewelry, pearls and precious stones, watches;
- leather goods;
- works of art or collectible items, collector's stamps;
- high tech items;
- clothing, 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:
- LIVE 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, MINTED COINS, PURE PRECIOUS METALS;
- FURS, SKINS, LEATHERS;
- FURNITURE 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.
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.
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 Assured or any other beneficiary of the insurance or their servants, 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. 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. It is specified that the Goods entrusted to a river or sea carrier are not covered by Parcel Insurance.
7.3. The Parcel Insurance does not apply to Items shipped to parcel shops. For instance, are considered as « parcel shops » shops that are not primarily dedicated to parcel shipping (as opposite to Fedex, UPS, DHL dedicated offices).
7.4. As an exception, the carriers "Hermes" or "My Hermes" are limited to €1000 (one thousand euros) per Package. If the Package is sent from or shipped to a parcel shop, the Parcel Insurance is limited to €200 (two hundred euros) per Package.
7.5. Packages send from or shipped to a non-professional parcel shop or relay point is limited to €200 (two hundred euros) maximum per Package. Are considered as invalid parcel shops or relay points any trade or shop having a main activity not related to the transport of goods.
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 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.
- There must be no visible information on the Package that could be used to deduce the nature nor value of the Items. In particular, the Package 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 underneath 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, 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 to the representative of the Carrier 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 verify the Package with the representative of the Carrier who delivers it, before signing the delivery slip, even if the representative of the Carrier refuses.
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 handed 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 declared value of Items
The Customer shall declare the value of the Items carried when subscribing to the Parcel Insurance. This must be backed up either by a commercial invoice or by a certificate of sale between 2 individuals indicating the value of the Items or by an expert appraisal indicating the value of the Items. Please be informed that the value declared to Secursus cannot, under any circumstances, exceed the value indicated on the commercial invoice or the certificate of sale or the expert appraisal in regards to new and secondhand Items.
8.4. Requirements concerning eligibility to avail of legal recourse
The Customer must retain its entitlement to seek legal recourse against the various parties involved in the shipment of the Items.
Article 9 - Compensation value
9.1. The Parcel Insurance reimburses the final retail value.
The insured value must be backed by a commercial invoice, 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 indemnity or compensation from the Carrier and the refund from the Parcel Insurance provided by Secursus.
9.3. Mobile phones will be subject to a deductible of € 150 per unit.
Article 10 - Reimbursement of an Incident:
10.1. In the event of an Incident, 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 of damage: write clear, precise and significant reservations on the Delivery slip;
- take a picture of the Package and its content;
- keep all 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 the ID and/or business ID;
- carrier shipping label;
- invoice or certificate of sale (for individuals) or expert appraisal of the insured items, including a proof of payment;
- copy of the claim sent to the Carrier and/or other responsible third parties, and of their replies;
- picture of the Package and its contents;
- In case of theft: copy of the complaint filed with the police;
- In case of loss: certificate of non-delivery issued by the Carrier;
- In case of damage: copy of the reserves written on the delivery slip;
Secursus reserves the right to open an investigation and to ask the Insured for an identity document as well as any other elements 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.
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 Insurance Service offered by Secursus costs 0.60% of the declared value of the Package, with a minimum cost of €5 per Package. No other costs are charged by Secursus to the Customer for the Insurance Service.
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
Each party shall incur liability to the extent that it failed to respect its obligations as per these T&C. Please note that there shall be no joint liability between the Parties.
The maximum liability potentially incurred by Secursus, assuming said liability be proven, shall not exceed the total value of the damages, this in any case capped at €100,000 (one hundred thousand euro) per 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&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
Most of the cookies used by Secursus and saved when the Customer browses our Website are either required to ensure 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 means of the cookie banner and by these T&C, and the Customer's consent will be required by checking the corresponding box.
For more information, please refer to the conditions of use of our Website, available on our site.
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.
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