Terms and Conditions of the Service

Article 1 - Definitions

For the interpretation of these Terms and Conditions of the Service (hereinafter the "Terms and Conditions"), the following definitions apply:

• Carrier: Any air or land carrier;
• Claim: Refers to the request made under the Guarantee to obtain compensation following an Incident. Also refers to the procedure following this request, including the provision of the supporting documents requested by Figural;
• Collection Date: Date the Parcel or Goods are taken over by the Carrier;
• Delivery: Physical handover of the Parcel or Goods to its Recipient;
• Figural: Refers to Figural Sarl, provider of the Service and Guarantee, and its interfaces. For any useful purpose, Figural can be reached by email at the following address [email protected];
• Force Majeure Event: Means any event beyond the reasonable control of the affected party preventing the performance of its obligation by the debtor, including but not limited to acts of God, acts of war, strikes, acts of terrorism, network or communications failures, government regulations, or any other event considered as such under applicable law or jurisprudence;
• Goods: Any movable property not subject to exclusion;
• Guarantee: Refers to the protection offered under the Service. It entitles the payment of compensation in case of an Incident, provided the Claim is validly constituted and completed. The Guarantee is subject to all exclusions of the Terms and Conditions;
• Incident: Refers to an event covered by the Guarantee resulting in damage or loss of a Parcel. To be admissible, an Incident must be one of the following triggering events: loss of the Parcel, theft of the Parcel, damage to the Parcel, or non-delivery of the Parcel;
• Parcel: Goods or a set of several Goods, regardless of weight, dimensions, and volume, forming an identifiable unit load upon handover to the Carrier;
• Partner: Refers to ITA Consulting GmbH or/and its subsidiaries, subscriber to the Guarantee and beneficiary from the Service;
• Recipient: Physical or legal person listed as the recipient of the Parcel or Goods on the shipping label or delivery slip and in the form completed by the customer of the Partner when subscribing to the Service;
• Service: Refers to all services and benefits provided by Figural. The Service includes the Guarantee, as well as customer service;
• Shipment: Refers to the Parcel(s) handed over to a single Carrier and shipped to the Recipient;

Article 2 - Application of the Terms and Conditions

The purpose of these Terms and Conditions is to define the contractual framework of the Guarantee from Figural to the Partner.

These Terms and Conditions apply without restriction or reservation to any subscription to the Guarantee and use of the Service.

These Terms and Conditions are accessible at any time on Figural’s interfaces. If needed, these Terms and Conditions must be interpreted in the light of the provisions of the Partnership Agreement.

The Partner declares having read and accepted these Terms and Conditions applicable to all parcels for which subscriptions have been made to the Guarantee.

Article 3 - Territoriality of the Guarantee

The Guarantee covers Parcel shipments worldwide.

BY EXCEPTION, THE FOLLOWING COUNTRIES OR TERRITORIES ARE EXCLUDED FROM THE TERRITORIAL COVERAGE OF THE GUARANTEE, AS DEPARTURE, TRANSIT, OR ARRIVAL POINTS: IRAN, CUBA, NORTH KOREA, SUDAN, SYRIA, CRIMEA, AFGHANISTAN, VENEZUELA, BELARUS, RUSSIA, UKRAINE INCLUDING CRIMEA AND THE LUHANSK AND DONETSK REGIONS, INCLUDING THEIR TERRITORIES AND POSSESSIONS AND ANY STATE OR POLITICAL SUBDIVISION THEREOF.

Article 4 - Goods covered by the Guarantee

4.1. The Guarantee covers all new or used Goods, except those listed in the exclusions detailed in article 4.2.

4.2. THE FOLLOWING GOODS ARE EXCLUDED FROM THE GUARANTEE BY THEIR NATURE:

• FOOD OR PERISHABLE ITEMS,
• MEDICATION REQUIRING CONTROLLED TEMPERATURE (POSITIVE OR NEGATIVE),
• CIGARETTES, TOBACCO, AND TOBACCO PRODUCTS,
• LIQUIDS, WINES, AND SPIRITS,
• FRAGILE PRODUCTS,
• PRODUCTS THAT HAVE ALREADY BEEN BROKEN, DAMAGED, OR FRAGILISED,
• CHEMICAL, TOXIC, OR HAZARDOUS PRODUCTS,
• MOLDY, POLLUTED, OR CONTAMINATED OBJECTS OR GOODS,
• FIREARMS, AMMUNITION, EXPLOSIVES, FUELS, AND FIREWORKS,
• RADIOACTIVE OR DANGEROUS MATERIALS,
• LIQUID FUELS SUCH AS LPG, FOD, HEAVY FUEL OIL, AND SIMILAR PRODUCTS,
• COMBUSTIBLE GASES, FLAMMABLE LIQUIDS,
• ILLEGAL SUBSTANCES DEFINED BY THE LEGISLATIONS OF THE PICK-UP OR DROP-OFF COUNTRY,
• LIVING BEINGS, ANIMALS, PLANTS,
• STOLEN OR ILLEGALLY HELD PRODUCTS,
• MOVING FURNITURE,
• CONTAINER BODIES,
• PRODUCTS SHIPPED ON A PALLET,
• IDENTITY CARDS, PASSPORTS, DRIVING LICENSES, PROPERTY TITLES,
• OFFICIAL DOCUMENTS, SECURITIES, CASH, BANK CARDS, COINS, ANY PAYMENT METHOD,
• PRODUCTS SUBJECT TO PROHIBITED OR CLANDESTINE TRADE AS DEFINED IN THE PICK-UP OR DROP-OFF COUNTRY.

4.3. The Guarantee is limited to €100,000 (one hundred thousand euros) per Parcel or per Shipment, regardless of the number of Parcels.

Article 5 - Duration of the Guarantee

5.1. The Guarantee takes effect when the covered Goods, packaged in accordance with the requirements set out in article 8, are handed over to the Carrier and ends upon Delivery against the discharge of the Goods to the Recipient or, in any event, at the expiration of a period of twenty-one (21) days from the Collection Date, regardless of the mean of shipping.

5.2. For returned Goods, the Guarantee will end at the expiration of a period of twenty-one (21) days from the initial Collection Date, regardless of the mean of shipping. Goods delivered and then returned to the sender are not covered by the Guarantee.

Article 6 - Risks covered by the Guarantee

6.1. The Guarantee covers risks of loss, non-delivery, theft, and damage to Goods, excluding the risks listed in article 6.2 below.

In order to be admissible, a Claim must relate to the following triggering events:

• Loss of the Parcel: parcel not delivered to its Recipient and not located by the Carrier who issues a certificate of loss of the Parcel.
• Theft of the Parcel: theft of a Parcel during its transport by force, violence, threat, break-in, use of a false identity, with murder or attempted murder (theft in the hands of the Carrier).
• Damage to the Parcel: the product is delivered damaged compared to its condition at the time of dispatch.
• Non-delivery of the Parcel: the Parcel has not reached its Recipient and has been declared delivered by the Carrier.

NO COMPENSATION WILL BE MADE IF:

• The Parcel is not under the responsibility and control of the common Carrier;
• Or the triggering event occurs before the Parcel is entrusted to the common Carrier or after it has been delivered to the delivery address.

6.2. The Guarantee does not cover:

• Damages, costs, losses, third-party claims and theft resulting directly or indirectly from the absence, inadequacy, or unsuitability of the preparation, packaging, or wrapping of the Goods, in particular rust, oxidation, and various scratches etc.;
• Functional breakdowns and damages caused by mechanical, electrical, or electronic faults in the products covered by the Guarantee which are not related to transport;
• Risks of radioactive contamination, chemical, biological, biochemical, and electromagnetic risks;
• Damages, costs, losses, third-party claims and theft resulting directly or indirectly from ionizing radiation or radioactive contamination caused by nuclear fuel or radioactive waste or by nuclear reaction;
• Damages, costs, losses, recourse by third parties and theft resulting directly or indirectly from the radioactive, toxic, explosive, dangerous, or contaminating properties of any nuclear installation, reactor, or any nuclear equipment or component attached thereto;
• Damages, costs, losses, recourse by third parties and theft resulting directly or indirectly from any weapon, device using nuclear fission or fusion or any other similar nuclear reaction, or nuclear energy, or any radioactive phenomenon or effect;
• Damages, costs, losses, recourse by third parties and theft resulting directly or indirectly from the radioactive, toxic, explosive, dangerous, or contaminating properties of any radioactive material. This last exclusion does not apply to radioactive isotopes, other than nuclear fuels, when they are being prepared, transported, or stored, or when they are used for commercial, agricultural, medical, scientific, or other peaceful purposes;
• Damages, costs, losses, third-party claims and theft resulting directly or indirectly from any chemical, biological, biochemical, or electromagnetic weapon;
• Damages, costs, losses, third-party claims and theft resulting directly or indirectly from the use or operation, with intent to cause damage, of any computer or computer equipment, computer program or software, computer virus, falsified code or data transmission, or any other electronic system;
• Damages, costs, losses, third-party claims and theft arising directly or indirectly from war (civil or foreign), invasion, terrorism, hostile action, reprisal or sabotage, piracy, rebellion, revolution, insurrection, riot, military or usurped power;
• Damages, loss, costs or the Partner's liability caused by a communicable human disease proclaimed or characterized as an epidemic by a government or other competent authority of any country;
• Damages, loss, costs or liability of the Partner caused by a communicable human disease proclaimed or characterized as an epidemic by the World Health Organization (WHO);
• Damages, loss, costs or liability of the Partner caused by artistic depreciation;
• Damages, loss, costs or liability of the Partner resulting from loss of data recorded on magnetic media;
• Damages, costs, losses, third-party claims and theft resulting from capture, arrest, seizure, restraint, molestation, or detention by any government or authority whatsoever;
• Damages, costs, losses, recourse by third parties and theft resulting from confiscation, sequestration, requisition, breach of blockade, smuggling, seizure, execution, or other seizures. The Partner, Figural and any third party involved in the provision of the Service or the Guarantee remain unaffected by any security that may be provided to release the Goods covered by the Guarantee from such seizures;
• Damages, costs, losses, recourse by third parties and theft resulting from riots, civil commotion, strikes, lock-outs, and other similar events;
• Damages, costs, losses, third-party claims and theft resulting from intentional or inexcusable fault on the part of the customer and all other beneficiaries of the Guarantee, their employees, representatives, or assigns;
• Damages, losses, and costs resulting from inherent defects in the Goods covered by the Guarantee; worms and vermin, except in the case of contamination that occurred during shipment; the influence of atmospheric temperature; road braking in use.

It is also agreed that Figural shall not be bound by any Guarantee, shall not provide any service and shall not be obliged to pay any sum under these General Terms and Conditions if the implementation of such Guarantee, the provision of such service, or such payment would expose it to a penalty, prohibition, or restriction resulting from a resolution of the United Nations Organization, and/or the economic or commercial sanctions provided for by the laws or regulations enacted by the European Union, France, the United Kingdom of Great Britain, the United States of America, or by any other applicable national law providing for such measures.