Shipping insurance conditions
Article 1 - Definitions
For the purpose of interpreting these General 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;
- Cargo Insurance: the insurance contract covering the carried items, provided by the Insurer, and available only from Secursus;
- Insurer: the insurance company providing the Cargo Insurance, or the insurance broker of which Secursus is the agent. Their respective identities can be revealed to the Customer on request;
- Internet Site: the Internet site 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 (La Poste in France);
- 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;
- Loss: total or partial theft, or damage to the Items;
- Service: service of acting as an agent of insurance intermediary provided by Secursus.
Article 2 - Application of these T&C
The purpose of these T&C is to define the contractual framework for relations between Secursus and its professional or private Customers.
These T&C apply without restriction nor reserve to any purchase of subscription services to the Cargo Insurance.
These T&C are accessible at all times on the Internet Site, and prevail over all and any other contradictory documents.
When purchasing our Services, it is considered that the Customer has read these 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 Internet Site.
Contact details for Secursus:
86 Boulevard Maurice Barres
Tel: +33 1 80 46 87 06
Article 3 - Territorial scope of the Cargo Insurance
3.1. The Cargo 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 Cargo 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.
Article 4 - Items covered by the Cargo Insurance
4.1. Secursus insures all new and used goods, except those listed in the exclusion list (4.3)
Here are some examples of risky goods covered by Secursus :
- 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;
It should be noted that this is not a limiting list , All goods not listed in the exclusion list will be covered by the Insurance.
Once entrusted to a Carrier, the above Items are covered by the Cargo Insurance contingent upon firstly, the Customer having respected the obligations set out in article 7, and secondly, the total value of the Package not exceeding the amount indicated below.
4.2. Please be informed that Items entrusted to an inland waterways or maritime Carrier are not covered by the Cargo Insurance.
4.3. The following, given their nature, are not within the scope of the Cargo 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, 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 Cargo Insurance covers Packages up to a value of 100,000 (one hundred thousand euros) beyond which the Cargo 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 Cargo 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 7.1 below and that the same Items were covered by the Cargo Insurance during the initial (i.e. outgoing) shipment.
Article 5 - Duration of coverage of the Cargo Insurance
5.1. For Items entrusted to a Carrier other than La Poste, the Cargo Insurance enters into effect at the moment when the insured Items, packaged in accordance with the requirements set out in article 7, 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 Items entrusted to La Poste, the Cargo Insurance enters into effect at the moment when the insured Items, packaged in accordance with the requirements set out in article 7, are handed over to La Poste, and ends upon delivery against receipt issued by the Recipient or by any beneficiary of the Cargo Insurance, or, at the latest, 15 (fifteen) days from when the delivery notice issued by La Poste.
5.3. For returned Items, the Cargo Insurance terminates either 14 (fourteen) days after the Initial Pick-Up Date, regardless of the means of transportation (case where the Package is handed over to a Carrier other than La Poste) or, at the latest, 15 (fifteen) days from when the delivery notice issued by La Poste (case where the Package has been handed over to La Poste).
Article 6 - Types of risks covered by the Cargo Insurance
6.1. The Cargo Insurance covers loss and complete theft or partial theft, or damages caused to the Items.
6.2. The Cargo 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. The Parcel Insurance does not cover packages sent by parcel shops.
Packages sent by « Hermes » or « MyHermes » will be covered up to a maximum of 200.
Articles 7 - The Customer's obligations
The Cargo Insurance will not apply if the Customer does not meet all the following requirements:
7.1. Requirements relating to the packaging of the Items:
7.1.1. Requirements applicable when the Items are handed over to any type of Carrier:
- the Items must be shipped inside rigid containers such that the contents cannot be deduced by touching the container;
- the Items must be shipped inside a second packaging;
- 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.
Special Rules :
- If you are a professional selling an item listed on a website, and if your parcel is worth less than 4100 , taking a photo is not mandatory.
- Non-rigid and non-resistant packaging such as bubble envelopes or thin cardboard envelopes will be insured for a maximum value of 200 per package.
7.1.2. When the Items are handed over to La Poste, and in addition to those requirements set out in article 7.1.1.
7.1.3. The Packages must be sent by registered mail with request of proof of delivery.
7.2. Requirements relating to the terms of Delivery of the Items: the Items or Packages must be handed over to the Recipient in exchange for a conforming signature of the Recipient.
7.3. Requirements concerning the value of the Items, as declared to Secursus: the Customer shall declare, to Secursus, the value of the Items carried. 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 (case of secondhand Items) or by an expert appraisal indicating the value of the Items (case of secondhand 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.
7.4. 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 8 - Compensation value in the event of a Loss
8.1. The value used as a basis when compensating for a Loss is equal to 100% of the value declared to Secursus upon shipment, subject to this value being backed up by one the documents for new or secondhand Items, as per article 7.3.
8.2. No deductible is applied to insurance payouts.
Article 9 - Reporting a Loss:
9.1. In the event of a Loss, 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;
- write clear, precise and significant reserves on the delivery slip;
- take a picture of the Package and its contents;
- keep all packaging;
- in the case of partial theft, file a complaint with the police.
9.2. The Customer must inform Secursus of all losses 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 Loss, 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.
9.3. 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.
9.4. Before a claim can be submitted, the Customer must be able to provide Secursus with the following documents without delay:
- Carrier ticket;
- proof of the value of the lost or stolen Items;
- copy of the commercial invoices of the Items and miscellaneous expenses incurred;
- copy of the complaint filed with the police (case of partial theft).
- copy of the reserves sent to the Carrier and/or other responsible third parties, and of their replies;
- certificate of non-delivery issued by the Carrier;
- expert's report prepared and approved by all concerned parties (including the Carrier, if applicable);
- picture of the Package and its contents.
Secursus shall forward the above documents to the Insurer without delay.
9.5. 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 Cargo Insurance.
Article 10 - 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 11 - Cost of the Insurance Service / Refund
11.1. The Insurance Service rendered 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.
11.2. 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.
11.3. 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 12 - 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 13 - 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 14 - Personal data
The Customer is informed, and accepts, that its personal data may be collected on the Internet Site, 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 Cargo Insurance as well as relations with the Customer;
- strengthen and improve the level of communication of the Internet Site;
- 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 Internet Site.
Article 15 - Cookies
Most of the cookies used by Secursus and saved when the Customer browses our Internet Site are either required to ensure basic operation of our Internet Site, 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 Internet Site, available on our site.
Article 16 - 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 17 - 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 Internet Site), or other alternative channels of recourse (reconciliation, for example) in the event of a dispute.
Article 18 - 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.