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Terms and Conditions

Conditions Applicable to The Service

Article 1 – Definitions

For the interpretation of these general conditions (hereinafter the “General Conditions”), the following definitions apply :

  • « Figural » : insurance intermediary agent company registered in the Nanterre trade and companies register under number 837 953 041 and whose head office is located at 99 Avenue Achille Peretti – 92200 Neuilly-sur-Seine, benefiting from ORIAS approval, registered in the single register of insurance, banking and finance intermediaries under number 18002684
  • « Transported Goods Insurance » or « AMT » : the transported goods insurance contract of the insurance company offered exclusively by Figural.
  • « Insurer » : the insurance company offering the AMT or the insurance broker for which Figural is the agent. Their respective identities may be communicated at the request of the Client.
  • « Website » : the website www.Figural.com
  • « Package » : Goods or set composed of several Goods, whatever their weight, dimensions and volume, constituting a unit load identifiable upon delivery to the Carrier.
  • « Goods » : any movable property not subject to an exclusion.
  • « Carrier » : any air or land carrier or La Poste.
  • « Delivery » : physical delivery of the Package or Goods to its recipient.
  • « Recipient » : person mentioned as the recipient of the Package or Goods on the transport slip and in the form completed by the Customer when subscribing to Figural Services.
  • « Collection Date » : date of collection of the Parcel or Goods by the Carrier
  • « Loss » : total or partial theft, damage, non-delivery of the Goods
  • « Service » : insurance intermediary agent service provided by Figural
  • « E-retailer » : any company with a website allowing online buying and selling

Article 2 – Application of the General Conditions

The purpose of these General Terms and Conditions is to define the contractual framework of the relations between Figural and its professional or individual Clients.

These General Terms and Conditions apply without restriction or reservation to any purchase of the Transported Goods Insurance subscription Services.

These General Terms and Conditions are accessible at any time on the Website and will prevail over any other contradictory document.

The Client declares having read these General Terms and Conditions and having accepted them by checking the box provided for this purpose as well as the general conditions of use of the Website, when purchasing the Services.

Figural’s contact details are as follows:

Figural SAS, 99 Avenue Achille Peretti, 92200 Neuilly-sur-Seine.

Article 3 – Territoriality of Transported Goods Insurance

3.1. The extent of coverage of the Transported Goods Insurance

Only the countries constituting the point of departure of the Goods and/or the place of residence of the Insured are covered: all European countries, and the United Kingdom. Only international shipments will be covered for the following countries: United States, Canada, Japan, South Korea, Switzerland, Singapore, Australia, Hong Kong, Norway, New Zealand, Israel.

3.2. Exclusions from Transported Goods Insurance

Excluded are countries (whether they constitute the point of departure of the Goods or their destination) subject to embargo and any country for which the application of the Transported Goods Insurance would expose Figural or the Insurer to a sanction, prohibition or restriction resulting from a resolution of the United Nations, and/or to economic or commercial sanctions provided for by the laws or regulations issued by the European Union, France, the United States of America or by any other applicable national law providing for such measures. In particular, the following countries are excluded: Afghanistan, Belarus, Burma, Cuba, North Korea, Iraq, Iran, Russia, Syria, Ukraine, Venezuela, as well as the entire African continent.

Article 4 – Goods covered by Transported Goods Insurance

4.1. Figural insures all new or used Goods, except those set out in the exclusion list detailed in Article 4.3.

4.2. For example, the following Goods, considered sensitive, are covered by the AMT:

  • jewelry, pearls and precious stones, watches;
  • goldsmithing;
  • leather goods;
  • art objects or collectibles, collector’s stamps;
  • handicrafts;
  • high-tech objects (computers, telephones, screens, etc.);
  • clothing, shoes, fashion accessories;
  • sporting goods (also including bicycles);
  • books, magazines, posters;
  • medicines that do not require controlled temperature;

It should be noted that this is not an exhaustive list. All goods not included in the exclusion list will be covered by Transported Goods Insurance.

These Goods entrusted to a Carrier are covered by the AMT provided that the Customer has complied with the obligations set out in Article 8 below and provided that the total value of the Package is consistent with the value declared to Figural.

4.3. THE FOLLOWING GOODS ARE EXCLUDED, BY THEIR NATURE, FROM TRANSPORTED GOODS INSURANCE:

  • LIVING ANIMALS;
  • GOODS TRAVELING UNDER CONTROLLED TEMPERATURE (POSITIVE OR NEGATIVE);
  • MANUFACTURING OR PRODUCTION MACHINES;
  • GOODS TRAVELLING IN BULK TRANSPORTED BY SEA OR RIVER;
  • BANK NOTES, COUPONS, SECURITIES, VALUABLES, CHECKS, CASH, PRECIOUS METALS;
  • FURS, LEATHER, LEATHERS;
  • MOVING FURNITURE;
  • CONTAINER BODIES;
  • GOODS ENTERING INTO THE FRAMEWORK OF “TRADING” AND NEGOTIATION OPERATION RELATING TO RAW MATERIALS;
  • GOODS CLASSIFIED AS DANGEROUS BY CONVENTIONS, LAWS OR REGULATIONS IN FORCE;
  • TOBACCO, CIGARETTES;
  • OBJECTS OR WORKS OF ART MADE OF GLASS, PORCELAIN, CERAMICS, EARTHENWARE, CRYSTAL, MIRRORS, VASES, POTTERY, DISHES, TELEVISION OR COMPUTER SCREENS, THESE OBJECTS MAY NO LONGER BE CONSIDERED AN EXCLUSION IF THE PACKAGING OF THESE GOODS IS VALIDATED BY FIGURAL BEFORE THE DATE OF COLLECTION;
  • ALCOHOL OVER 4100€.

4.4. The Transported Goods insurance is limited to €100,000 (one hundred thousand) per insured person and per day for delivery to the same carrier, regardless of the number of packages. The Customer may contact Figural in advance, which may study any request relating to Goods or Packages of a higher value and, where applicable, accept, as an exception, to cover the Package whose value is greater than €100,000 (one hundred thousand) euros by the Transported Goods Insurance.

4.5. The AMT also covers returned Goods, provided that the Goods are, at the time of return, sound, merchantable and properly packaged in accordance with the requirements set out in clause 8.1 below and that the Goods have given rise to the AMT for the outward journey.

Article 5 – Duration of Transported Goods Insurance

5.1. For Goods entrusted to a Carrier, the AMT takes effect at the time the insured Goods, packaged in accordance with the requirements set out in Article 8, are handed over to the carrier and ends at the time of Delivery against discharge of the Goods to the Consignee or in any event upon expiry of a period of 14 (fourteen) days from the Collection Date, regardless of the mode of transport.

5.2. For Goods entrusted to La Poste, the AMT takes effect at the time when the insured Goods, packaged in accordance with the requirements set out in Article 8, are handed over to La Poste and ends at the time when discharge is given to La Poste by the Recipient or any beneficiary of the AMT or in any event upon expiry of a period of 15 (fifteen) days from the notice of availability issued by La Poste.

5.3. For returned Goods, the AMT will terminate upon expiry of a period of 14 (fourteen) days from the initial Collection Date, regardless of the mode of transport. Goods delivered and then returned to the sender are not covered by the Transported Goods Insurance (unless otherwise agreed in writing by Figural).

Article 6 – Risks covered by Transported Goods Insurance

6.1. The risks of theft (total or partial) and damage to the Goods are covered by the AMT, excluding the risks set out in Article 6.2. below.

6.2. The insurance does not cover:

  • rust and/or oxidation on the Goods transported bare;
  • functional breakdown of the Goods and malfunctions or disturbances of any Goods comprising one or more mechanical, electromechanical or electronic devices not resulting from a clearly characterised transport event;
  • artistic depreciation;
  • loss of data recorded on magnetic media;
  • scratches, scuffs, deformation, and any other cosmetic damage;
  • damage due to use (Used Goods);
  • missing or damaged Packages received without a signature or received with an incorrect signature;
  • the risks of radioactive contamination, chemical, biological, biochemical and electromagnetic weapons;
  • nuclear risks;
  • cyber risks;
  • objects already broken, damaged or weakened (unless otherwise agreed in writing by Figural);
  • items shipped on a pallet (unless otherwise agreed in writing by Figural).

6.3 The following exceptional causes are excluded from AMT coverage:

  • confiscation, sequestration, requisition, violation of blockade, contraband, precautionary seizure, execution or other seizures, the insurer also remaining a stranger to the security which could be provided to release the insured assets from these seizures;
  • intentional or inexcusable faults of the insured and all other beneficiaries of the insurance, their agents, representatives or beneficiaries; inherent defect of the insured goods; worms and vermin unless it is a contamination occurring during the insured journey; influence of atmospheric temperature; road braking in use;
  • absence, insufficiency or unsuitability of the preparation, packaging or conditioning of the goods;
  • civil or foreign war, hostilities, reprisals, torpedoes, mines and all other war machines, as well as acts of sabotage or terrorism of a political nature or related to war;
  • captures, takings, arrests, seizures, constraints, molestations or detentions by any governments or authorities whatsoever;
  • riots, popular movements, strikes, lockouts and other similar acts;
  • piracy of a political nature or connected with war;

Article 7 – Accepted carriers and delivery conditions

7.1. For the AMT to apply, the Package must have been shipped using a delivery service with delivery against signature of the Recipient. The Transported Goods Insurance is effective for 14 (fourteen) days from the date of delivery of the Package to the Carrier. It is advisable to choose a shipping method offering delivery within this deadline.

7.2. It is specified that Goods entrusted to a river or sea carrier are not covered by Transported Goods Insurance.

7.3. All relay points of the various Carriers will be covered up to a maximum of 1000 euros (one thousand euros). As an exception, Mondial Relay and Wepost parcels will be covered up to a maximum value of 500 euros (five hundred euros).

Articles 8 – Obligations of the Client

The AMT will not be effective if the Client fails to meet all of the following cumulative requirements:

8.1. Requirements for the packaging of the Goods

8.1.1. Requirements applicable when the Goods are handed over to any type of Carrier:

  • the Goods must be shipped in rigid containers that do not allow their contents to be detected by palpation;
  • the Goods must be shipped in new and sturdy double packaging. (For the sake of clarity, by double packaging it is understood that the Goods must be packed in a first container such as a cardboard box, box, bubble wrap, cardboard envelope. This first packaging must then be placed in a second larger and more rigid packaging such as a second cardboard box);
  • the goods must be prepared, packaged and wrapped in a manner appropriate to their nature in order to withstand the risks of transport;
  • No mention, value or indication that could indicate the nature of the Goods must appear on the outside of the Package. In particular, the following are considered prohibited mentions: the name or description of the Goods, the name of a company, the mention of a website or another entity suggesting the nature of the Goods, without this list being exhaustive. It being specified that the customs declaration is not considered as an indication of value, it must be placed below the shipping slip;
  • a photo of the package and its contents must be taken before each shipment.

Items valued under €4,100 will be exempt from taking photos, only if the item is listed in a physical or online catalogue.

8.1.2. Special rule relating to damages:

If the Package arrives damaged, the recipient must describe the damage precisely on the delivery note in order to be compensated.

By signing 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.

For information, the Customer has the right, in case of doubt, to check the contents of the Package in the presence of the Carrier’s representative, before signing the delivery note. The Carrier’s representative does not have the right to object.

8.1.3. Special rule regarding non-resistant packaging:

Non-rigid and weak packaging (such as bubble envelopes, thin cardboard envelopes) will be covered by the AMT for a maximum value of €200 (two hundred euros) per package.

8.2. Requirements relating to the terms of Delivery of the Goods

The Goods or Packages must be delivered to the Recipient against the Recipient’s proper signature.

The shipping note must be attached to the package with all the Recipient’s information including the name, first name, telephone number, full address, postcode, city and country of destination.

If the Recipient or the sender agree with the Carrier to deliver the Package without a signature, in his absence, by entrusting it to a third party, by depositing it in his mailbox or in any place, it ceases to be covered by the AMT. If the negligence is the cause of the Carrier, the AMT normally applies.

8.3. Requirements for the declared value of the Parcel

The Customer must declare the value of the Package at the time of subscribing to the AMT. This must be corroborated by a commercial invoice for new Goods, and a valued transfer certificate or an expert’s statement established prior to dispatch for used Goods. It is specified that the value declared at the time of subscription may in no case be higher than the value mentioned by the commercial invoice for new Goods, or the valued transfer certificate or the expert’s statement for used Goods.

8.4. Requirements for the retention of remedies

The Customer must retain his rights of recourse against the various parties involved in the transport of the Goods.

Article 9 – Value of compensation for Claims

9.1. The value used as a basis for compensation for Claims is equal to 100% of the value declared to Figural at the time of subscription. The insured value must be corroborated, in accordance with the provisions of Article 8.3, by a commercial invoice, a valued transfer certificate or an expert report drawn up prior to dispatch.

9.2. The total amount compensated may not in any case exceed the insured value. In the event that the Customer receives compensation or indemnity from the Carrier, this will be deducted from the compensation. It is specified that the Customer cannot generate a profit by combining an indemnity or compensation received from the Carrier and the indemnity from the Transported Goods Insurance.

9.3. Mobile phones will be subject to a deductible of €150 per unit.

Article 10 – Procedure for compensation of Claims

10.1. In the event of a Loss, the Customer must:

  • take all precautionary measures to protect the insured Goods and limit the damage;
  • retain all rights and remedies against the Carriers and/or any third party presumed responsible;
  • in the event of damage: write clear, precise and meaningful reservations on the delivery note;
  • take a photo of the Package and its contents;
  • keep all packaging;
  • In case of theft, file a complaint.

10.2. The Client must be able to communicate the following documents to Figural as soon as possible:

  • copy of the identity document and/or Kbis extract of the company or foreign equivalent;
  • shipping slip;
  • proof of the insured value with proof of payment (invoice, valued transfer certificate or expert statement);
  • copy of the complaint sent to the Carriers and their responses;
  • photo of the package and its contents;
  • in the event of loss: the certificate of non-delivery issued by the Carrier;
  • in case of theft: copy of the complaint;
  • in the event of damage: an estimate or invoice for the cost of restoring the Goods;

In case of doubt, Figural reserves the right to open a preliminary investigation and to ask the Insured for an identity document as well as any other elements deemed useful.

10.3. In the event of a Loss, the Customer must notify Figural without delay, and in any event within a maximum of 3 days from the initially scheduled delivery date, of any Loss of which it is aware by sending a complaint via the form provided on the Website or by sending an email to the following address: contact@Figural.com.

10.4. Figural will assist the Customer in their claims process and will remain their direct contact.

In this capacity, Figural will assist the Client in finding the documents necessary to provide a complete file to the Insurer, and in drafting the declarations to be made to the Insurer.

10.5. In the event that the Customer has been compensated by the AMT following the non-delivery of one or more Packages, and the Goods or Package are found, the Customer must make a written commitment to take back the Goods or Package(s) found and reimburse the Insurer for the corresponding insurance value, less, where applicable, the losses and damages covered by the AMT.

Article 11 – Preservation of recourse against Carriers

In all cases, the Insurer is subrogated in the Client’s rights of recourse against the Carriers and any third party presumed liable.

Article 12 – Price and conditions of payment and reimbursement

12.1. The price is set individually for each customer. The price is payable in cash, in full on the day of subscription to the Service by secure payment by bank cards: Visa, MasterCard, American Express, other credit cards.

12.2. The customer is entitled to request the cancellation of the insurance and request a refund within 14 days, only in the event that the package has not been shipped. Once the Package has been taken over by the Carrier, the AMT will take effect immediately and will no longer be refundable or cancellable.

Article 13 – Liability

Each party assumes the consequences arising from its faults and breaches of its obligations in accordance with these General Conditions; there is no solidarity between the Parties.

The ceiling of the liability limit applicable to Figural in the event that it is established may not exceed all damages combined and in any event €100,000 (one hundred thousand euros) per Package.

Article 14 – Force majeure

Figural or the Client may not be held liable if the non-performance of the Services or the delay in the performance of any of their obligations as described in these General Conditions, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

The party noting the force majeure event must immediately inform the other party of its inability to perform its service and justify this to the latter. The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late payment penalties. The performance of the obligation is suspended for the entire duration of the force majeure if it is temporary.

Consequently, as soon as the cause of the suspension of their reciprocal obligations disappears, the parties will make every effort to resume the normal performance of their contractual obligations as quickly as possible. For this purpose, the prevented party will notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or any extrajudicial act.

Article 15 – Personal data

The Customer is informed and accepts that his/her personal data is collected on the Website and used by Figural, which acts as data controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter “General Data Protection Regulation” or “GDPR”).

Figural undertakes to protect and ensure the security and confidentiality of its Customers’ personal data in accordance with the GDPR, in particular by taking all necessary precautions to prevent this data from being distorted, damaged or accessed by unauthorized third parties. In particular, the personal data of the Customers may be transmitted to the Insurer, who as subcontractors within the meaning of the GDPR, intervenes to insure the Goods, for which it is absolutely necessary to access the personal data provided by the Customer when concluding the contract with Figural. Subcontractors may only act on instructions from Figural.

The personal data of the Customers are collected for the following purposes:

  • ATM management and customer relations;
  • strengthening and improving the communication of the Website;
  • the improvement and personalization of the services offered to Customers; and
  • compliance with legal and regulatory obligations.

The Client’s personal data is only kept for the period strictly necessary with regard to the purposes set out above.

In accordance with the GDPR, the Customer has the right to access, rectify and object to personal data concerning him/her (hereinafter the “Data Protection Rights”).

To exercise one or more of the Data Protection Rights, the Customer must send a request by email or by post to Figural, indicating his/her surname, first name, email address and customer references. Each request must be signed and accompanied by a photocopy of an identity document bearing the Customer’s signature and specify the reply address. The response to the request made on the basis of one or more Data Protection Rights will be sent within 2 months of receipt of the request. The Customer may provide Figural with specific instructions in which he/she defines the manner in which he/she intends the Data Protection Rights to be exercised after his/her death in accordance with the GDPR.

For more information on the processing of personal data, the Client can refer to Figural’s privacy policy accessible on its Website.

Article 16 – Cookies

The Website uses “Cookies” files. These are small computer files placed on the hard drive of the computer or on the memory of the mobile terminal used by the Customer when consulting the Website by the latter. Most of the cookies issued by Figural and saved when browsing the Site are either necessary for the operation of the Website or intended to allow or facilitate your browsing. Only Figural is likely to read or modify the information contained therein. The reading or placement of certain cookies may require the prior consent of the user of the Website. In this case, the user, after having been duly informed via the information on the banner dedicated to cookies and the information in these General Conditions, clearly gives his consent by checking the box provided for this purpose. For more information, the Customer can refer to the conditions of use of the Website accessible on the Website.

Article 17 – Applicable law – Language

These Terms and the insurance transactions resulting from them are governed by French law. These Terms and Conditions are written in French. In the event that the Terms and Conditions are translated into one or more foreign languages, only the French version shall be authentic in the event of a dispute.

Article 18 – Disputes

All disputes to which the services provided under these general conditions may give rise, concerning their validity, interpretation, execution, termination, consequences and follow-ups and which could not be resolved between Figural and the Client will be submitted to the competent courts under the conditions of common law.

The Client is informed that he may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L.612-1) or with existing sectoral mediation bodies, the references of which appear on the Website or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

Article 19 – Pre-contractual information – acceptance by the Client

The Customer acknowledges having received communication, prior to the conclusion of the contract, in a clear and comprehensible manner, of these General Conditions and of all the information listed in Article L.221-5 of the Consumer Code and in particular the following information:

  • the essential characteristics of the Service;
  • the price of the Service;
  • information relating to Figural’s identity, its postal, telephone and electronic contact details, and its activities;
  • the functionalities of the digital content and, where applicable, its interoperability;
  • the possibility of resorting to conventional mediation in the event of a dispute.

The fact for a natural or legal person to make an immediate purchase or to subscribe to a Service implies full adherence and acceptance of these General Conditions and obligation to pay for the Services ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against Figural.

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