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Terms and conditions of use

Last update: November 2, 2024

Please read these terms of use carefully before using this site. By accessing this site, you accept, without reservation, these terms and conditions.

Article 1 - General Terms of Use

Please read these Terms of Use ("Terms of Use") carefully as they govern your ("Your", "You" or "Your") use of the website located at: www.claisy.com ("Site"), the associated software platform as a service ("Platform"), and tracking services, including, but not limited to, our shipping protection service, accessible via the Site. Claisy is the trading name of TRCKLY, SASU with a capital of 1000€, whose registered office is located at 4 Rue du Rendez-Vous 75012 Paris, registered with the R.C.S de Paris 927541 201.

To make these Terms of Use easier to read, the Site, the Claisy Policy and the other products and services available via the Site and the Platform, as well as the content and materials available on them (the "Content") are collectively referred to as the "Services".

Please read these Terms of Use before accessing our Services or Content. By accessing or using the Services, clicking a button or taking any other action to express your acceptance of these Terms of Use, or completing our account registration process, you agree to abide by these Terms of Use and any subsequent modifications that may be posted on the Site from time to time. In addition, you represent that you have reached the age of majority in your jurisdiction of residence, are able to form a binding contract with Claisy, and are not legally prohibited from using the Services under applicable law. These Terms of Use include the provisions of this document, as well as those of the Privacy Policy. These terms also include the terms (including any exclusions and restrictions) of the Claisy Policy. If you accept or agree to these Terms of Use on behalf of a company or legal entity, you represent and warrant that you have the authority to bind such company or legal entity to these Terms of Use. In this context, the terms "You" and "Your" shall include and apply to such business or legal entity in addition to yourself.

Your use of the Services and your engagement in certain activities may be subject to additional terms and conditions (referred to as the "Additional Terms"). These Additional Terms will either be incorporated into the Terms of Use, or will be subject to your approval when you register for an additional Service. In the event of any inconsistency between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence with respect to such Service. The Terms of Use and any Additional Terms in effect are referred to formally as the "Agreement". Claisy reserves the right to modify these Terms of Use at any time, without notice and at its sole discretion. If such action is taken, we will notify you by posting the revised Terms of Use on the Site, and/or we may also use other means of communication. It is important that you take the time to review the Terms of Use whenever they are updated or when using the Services. Your continued use of the Services following the posting of revised Terms of Use constitutes your consent to such changes. If you refuse to comply with the changes, you will be unable to access the Services. As our services are subject to change, we reserve the right to modify or discontinue all or part of these services at any time without notice, at our sole discretion.

Please review our current Privacy Policy, which also governs your use of the Services, for information and notices regarding our collection and use of personal information.

Article 2 - Use of Services and Content

2.1 Services

‍ As part of the Services, Claisy develops and makes available to you, as a consumer of a merchant who contracts with Claisy (a "Merchant") to offer you the opportunity to add the Services to enhance your online shopping experience (each end customer, a "Consumer").

For greater clarity, reference to "Consumer" shall be deemed a reference to "You" for the purposes of these Terms of Use. Our software applications are built as an add-on module to you, the Merchant's existing online storefront, where applicable, offering value-added functionality. Claisy provides software that allows Consumers to file a notice of physical loss or damage from any external cause ("Dispute") and track the location of their shipments. Upon declaring to protect their shipments under the Claisy Policy, Consumers will receive a link to file such notices of Loss and to track such shipments.

2.2 Account

‍Inorder to access certain features of the Services, you are required to create an Account on the Services directly through the Services and become a Registered User. For the purposes of this Agreement, you are a "Registered User" if you have registered any Account. When registering an Account for the Services, you agree to provide only true, accurate, current and complete information about yourself as prompted by the registration form (including your name and e-mail address) (the "Registration Data") and to promptly update the Registration Data thereafter as necessary to keep it current.

You represent that you are not prohibited from using the Services under any applicable law (primarily those of the European Union, the United Kingdom and the United States, without limitation as to territoriality) and that you will be responsible for all activities that occur under your Account. You agree not to misrepresent your identity, use the image, likeness or identity of another person, or provide any misleading or deceptive profile information in connection with the creation and use of your Account. You also represent and warrant to us that you have the right to create your Account and to provide data to us through that Account. You may not authorize any third party (other than, where applicable, employees, consultants or agents of the company member you represent) to access or use our Services on your behalf. You are responsible for maintaining the confidentiality of your user ID and password and are fully responsible for all activities that occur under your user ID or password. You agree to notify us immediately of any unauthorized use of your user ID or password or any other breach of security.

We may take such steps as we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on user accounts or on the amount of content that may be accessed from the Services at any given time. We cannot and will not be liable for any loss or damage arising from any unauthorized use of your Account. You acknowledge and agree that you have no ownership or other proprietary interest in your Account and that all rights in and to your Account are owned by and belong to Claisy.

Article 3 - Restrictions on Use of Services

‍Youagree not to do the following:

  • Use, display, reflect or frame the Services or any individual item within the Services, the Claisy name, any Claisy trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the express written consent of Claisy ;
  • Access, alter or use non-public areas of the Services, Claisy's computer systems or the technical delivery systems of Claisy's suppliers;
  • Attempt to probe, scan or test the vulnerability of any Claisy system or network or to breach any security or authentication measures;
  • Avoid, circumvent, delete, deactivate, alter or otherwise circumvent any technological measures implemented by Claisy or any of its suppliers or any other third party (including any other user) to protect the Services;
  • Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the search software and/or agents provided by Claisy or other generally available third party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional material, e-mail, junk mail, spam, chain letters or any other form of solicitation;
  • Use meta tags or any other hidden text or metadata using a Claisy trademark, logo URL or product name without the express written consent of Claisy ;
  • Use the Services, or any part thereof, for commercial purposes or for the benefit of any third party or in any manner not authorized by these Terms of Use;
  • Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or otherwise use the Services to send altered, misleading or false source identification information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any software used to provide the Services;
  • Interfere with, or attempt to interfere with, any user's, host's or network's access to the Services, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Services;
  • Collect or store any personally identifiable information about the Services from other users of the Services without their express consent;
  • Impersonate or pose as an affiliation with any person or entity;
  • Systematically retrieve data from any of the Services to create or compile, directly or indirectly, a collection, compilation, database or directory, except with our express written consent;
  • Access or use the Services to develop, or have developed by a third party, a product or service similar to or competitive with the Services, including, but not limited to, any product or service offering or making available shipping insurance to its customers;
  • Send or submit files containing malicious software via the Services or while accessing or using the Services;
  • Engage in activities that pose an unacceptable risk of loss, as determined by Claisy at its discretion;
  • Violate any applicable law or regulation; or
  • Encourage or permit any other person to engage in any of the above prohibited activities.

Claisy is under no obligation to monitor access to or use of the Services or to review or edit any Content. However, we have the right to do so in order to operate the Services, to ensure compliance with these Terms of Use and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including Member Data, at any time and without notice, including, but not limited to, if we, in our sole discretion, deem it objectionable or in violation of these Terms of Use. We have the right to investigate violations of these Terms of Use or conduct affecting the Services. We may also consult and cooperate with law enforcement authorities in prosecuting users who violate the law. Claisy reserves the right to take appropriate legal action, including, without limitation, seeking civil, criminal or injunctive relief.

Article 4 - Proactive Tracking Solution

4.1. Claisy offers a proactive tracking solution that enables packages to be tracked in real time, and alerts to be issued in the event of any anomaly detected. This solution is integrated into the Claisy application and guarantees proactive management of transport anomalies.

4.2. Alerts issued by the tracking solution may include notifications of delays, deviations from the planned route, detected damage, or any other anomaly likely to affect the delivery of the parcel.

4.3. The Member must ensure that the tracking information provided by the Carrier is correct and up to date. Claisy cannot be held responsible for any errors or omissions in the tracking information provided by the Carrier.

4.4 In the event of an anomaly being detected, Claisy undertakes to take the necessary steps to inform the Member and, if necessary, to intervene with the Carrier to try to resolve the problem.

4.5. The proactive tracking solution includes the Protection Service at no additional cost to the Member.

Article 5 - Protection Service definitions

  • Member: any Professional or Shipper using the Service.
  • Property: new or used property 
  • Delivery Note: document issued by the Carrier at the time of Delivery;
  • Dispatch Note: document issued by the Carrier for the dispatch of the Parcel containing all the information of the Consignee;
  • Breakage : any destruction, total or partial deterioration, externally visible on the Covered Good, interfering with the use - in compliance with the manufacturer's standards - of the Covered Good and caused by an Accident during its transport by a professional carrier or by the Post Office. 
  • Parcel: Good or set of several Goods, whatever their weight, dimensions and volume, constituting an identifiable unit load when handed over to the Carrier, with the exception of pallets which are not covered;
  • Pick-up Date: date on which the Parcel or the Merchandise is picked up by the Carrier;
  • Consignee: the person named as the recipient of the Parcel or Merchandise on the Dispatch Note or Delivery Note. 
  • Exclusion: list of Goods excluded by their nature as defined in article 8.3. of these General Terms and Conditions;
  • Shipper: the person mentioned as the sender of the Parcel or Merchandise on the Shipment Note and in the form completed by the Member when subscribing to the Services;
  • Compensation: cash amount paid to the Member who is the subject of a Transport Dispute ;
  • Litigation: total or partial theft, breakage during transport, non-delivery impacting the Covered Good likely to implement the Guarantee, within the meaning of the Contract;
  • Delivery: physical handover of the Parcel or Merchandise to its Recipient ;
  • Commodity(ies ): any movable property not subject to an Exclusion; subject to a sale or transfer ;
  • Oxidation: any corrosion by chemical effect of the components of the Covered Good, and impairing the use and/or proper functioning of the Covered Good. 
  • Individuals: any natural person of legal age who is acting for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity.
  • Professional: any natural or legal person, public or private, acting for purposes relating to his or her commercial, industrial, craft, liberal or agricultural activity, including when acting in the name of or on behalf of another professional;
  • Carrier: any air or land carrier or La Poste ;
  • Third party: any person other than the Member. 
  • Theft: any disappearance of a parcel entrusted to the Carrier 

Article 6 - Application of the ProtectionService General Terms and Conditions

The purpose of these General Terms and Conditions is to define the contractual framework for relations between Service Protection and its Beneficiary. The Sender and the Recipient must be two distinct natural or legal persons. A natural person who is the legal representative of a legal entity is not considered to be two distinct persons. The present General Terms and Conditions apply without restriction or reservation to any purchase of Protection Service subscription services. The Member declares that he/she has read the present General Terms and Conditions and accepts them by ticking the appropriate box, as well as the general terms and conditions of use of the Internet Site, when purchasing the Service.

Article 7 - Territoriality of Services

7.1. Scope of protection of Services

Only those countries are covered which are the point of departure of the Goods and/or the place of residence and shipment of the Member.

7.2. Exclusions from the Services

Explicitly excluded are countries (whether they are the point of departure of the Goods or their destination) subject to embargo and any country for which the application of Service Protection would expose Service Protection to a sanction, prohibition or restriction resulting from a resolution of the United Nations Organization, and/or to the economic or commercial sanctions provided for by the laws or regulations enacted by the European Union, France, the United States of America or by any other applicable national law providing for such measures. 

Article 8 - Goods covered by the Protection Service

8.1. Service Protection covers all Goods, except those listed in the exclusions detailed in article 12.3.

8.2. By way of example, the following Goods, considered as sensitive, are covered by Service Protection:

  • jewelry, pearls and precious stones, watches ;
  • leather goods ;
  • art objects, collectibles, stamps ;
  • high-tech objects (computers, telephones, screens, etc.);
  • clothing, footwear, fashion accessories ;
  • sporting goods (including bicycles)

All goods not included in the list of exclusions will be covered by Service Protection. Goods entrusted to a Carrier are covered by Service Protection if the Member has complied with the obligations set out in article 11 below and provided that the total value of the Parcel is consistent with the value declared to Service Protection.

8.3. THE FOLLOWING GOODS ARE EXCLUDED FROM THE PROTECTION SERVICE DUE TO THEIR NATURE:

  • LIVE ANIMALS ;
  • TEMPERATURE-CONTROLLED GOODS (POSITIVE OR NEGATIVE);
  • MANUFACTURING OR PRODUCTION MACHINES ;
  • GOODS TRANSPORTED IN BULK BY SEA OR RIVER;
  • BANKNOTES, COUPONS, SECURITIES, CHEQUES, CASH, PRECIOUS METALS;
  • FURS, SKINS, HIDES ;
  • MOVING FURNITURE OR OBJECTS;
  • CONTAINER BODIES ;
  • GOODS USED IN COMMODITY TRADING OPERATIONS;
  • GOODS CLASSIFIED AS DANGEROUS UNDER CURRENT CONVENTIONS, LAWS OR REGULATIONS;
  • WEAPONS AND AIRGUNS ;
  • TOBACCO, CIGARETTES, ALCOHOL ;
  • OBJECTS OR WORKS OF ART MADE OF GLASS, PORCELAIN, CERAMICS, EARTHENWARE, CRYSTAL, MIRRORS, VASES, POTTERY, CROCKERY, TELEVISION OR COMPUTER SCREENS, WHICH MAY NO LONGER BE CONSIDERED AN EXCLUSION IF THE PACKAGING OF THESE GOODS IS VALIDATED BY THE PROTECTION DEPARTMENT BEFORE THE COLLECTION DATE.

8.4. The Protection Service is limited to €100,000 (one hundred thousand) per Member and per parcel and per day of shipment and per carrier unless agreed otherwise by Claisy.

8.5. Service Protection also covers returned Goods, provided that the Goods are, at the time of return, sound, merchantable and suitably packed in accordance with the requirements set out below and that the Goods gave rise to Service Protection for the outward journey.

8.6. Deliveries by TSA, Cedex, Boîte Postale, CS, Libre Réponse and Poste Restante are not covered.

8.7. It does not cover consequential loss due to delay or indirect loss (such as loss of market or profit, loss of use, etc.).

Article 9 - Duration of the Protection Service and its Enje En Jeu

9.1. For Packages entrusted to a Carrier, Service Protection takes effect at the time when the Covered Goods, packaged in accordance with the stated requirements, 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 at the expiry of a period of 15 (fifteen) calendar days from the Collection Date, regardless of the mode of transport.

9.2. For Goods returned within the framework of the law in force in the country or in accordance with the general terms and conditions of sale of the professional sender, Service Protection will only take effect :

  • In the case of a parcel that has been covered by Service Protection at the time of shipment by the professional;
  • Within the framework of the respect of the general conditions of sale of return of the professional having sold the Good;
  • And will expire at the end of a period of 15 (fifteen) calendar days from the initial Collection Date, whatever the mode of transport. 

Article 10 - Risks covered by Service Protection

10.1. Service Protection covers the risks of theft (total or partial) and breakage of the Goods, occurring during Transport, to the exclusion of the risks set out below.

10.2. THE PROTECTION SERVICE DOES NOT COVER :

  • RUST AND/OR OXIDATION ON BARE GOODS;
  • FUNCTIONAL BREAKDOWN OF GOODS AND DISTURBANCES OR MALFUNCTIONS OF ANY GOODS COMPRISING ONE OR MORE MECHANICAL, ELECTROMECHANICAL OR ELECTRONIC DEVICES NOT RESULTING FROM A CLEARLY CHARACTERIZED TRANSPORT EVENT;
  • DEPRECIATION ;
  • LOSS OF DATA RECORDED ON MAGNETIC MEDIA ;
  • SCRATCHES, DEFORMATION, AND ANY OTHER AESTHETIC DAMAGE AND PLASTIC DEFECTS;
  • DAMAGE DUE TO USE (USED GOODS);
  • BREAKDOWNS OF THE PROPERTY COVERED ;
  • SHORTAGES OR DAMAGE TO PACKAGES THAT HAVE BEEN RECEIVED WITHOUT A SIGNATURE OR WITH AN INCORRECT SIGNATURE;
  • RISKS OF RADIOACTIVE CONTAMINATION, CHEMICAL, BIOLOGICAL, BIOCHEMICAL AND ELECTROMAGNETIC WEAPONS;
  • NUCLEAR RISKS ;
  • CYBER RISKS ;
  • ITEMS ALREADY BROKEN, DAMAGED OR WEAKENED (UNLESS OTHERWISE AGREED IN WRITING BY CLAISY)
  • PACKAGING (INCLUDING DELIVERY NOTE) MAY INDICATE THE CATEGORY OF GOODS CONTAINED OR A SIGN OF VALUE
  • NO DECLARATIONS OF COVER MORE THAN 24 HOURS AFTER COLLECTION BY THE CARRIER, WITH THE EXCEPTION OF DELIVERIES IN LESS THAN 24 HOURS, WHICH MUST BE DECLARED BEFORE COLLECTION BY THE CARRIER.

10.3. THE FOLLOWING EXCEPTIONAL CAUSES ARE EXCLUDED FROM SERVICE COVERAGE :

  • CONFISCATION, SEQUESTRATION, REQUISITION, VIOLATION OF BLOCKADE, SMUGGLING, SEIZURE, EXECUTION OR OTHER SEIZURES, SERVICE PROTECTION REMAINING EQUALLY UNRELATED TO THE SECURITY THAT MAY BE PROVIDED TO RELEASE THE FACULTIES COVERED FROM THESE SEIZURES;
  • INTENTIONAL OR INEXCUSABLE FAULT ON THE PART OF THE MEMBER AND ALL OTHER BENEFICIARIES OF THE COVERAGE, THEIR AGENTS, REPRESENTATIVES OR ASSIGNS ;
  • WORMS AND VERMIN, EXCEPT IN THE CASE OF CONTAMINATION DURING A COVERED TRIP;
  • INFLUENCE OF ATMOSPHERIC TEMPERATURE ;
  • ROAD BRAKE IN USE ;
  • ABSENCE, INSUFFICIENCY OR UNSUITABILITY OF THE PREPARATION, PACKAGING OR WRAPPING OF THE GOODS ;
  • ACTS OF WAR OR CIVIL WAR AND SIMILAR EVENTS, RIOTS, INTERNAL DISTURBANCES, ACTS OF POLITICALLY MOTIVATED VIOLENCE, TERRORIST ATTACKS OR ACTS, STRIKES, LOCKOUTS AND INDUSTRIAL DISPUTES, EXPROPRIATION OR ACTIONS ASSIMILATED TO EXPROPRIATION, SEIZURES, WITHDRAWALS, DECREES OR OTHER ACTIONS BY A SUPERIOR AUTHORITY, AS WELL AS DAMAGE RESULTING FROM NATURAL DISASTERS OR NUCLEAR ENERGY;
  • EXCLUDED FROM COVER AT ALL TIMES ARE MEMBERS OF ANY OFFICIAL, GOVERNMENT OR POLICE DATABASE OF KNOWN OR SUSPECTED TERRORISTS, MEMBERS OF TERRORIST ORGANIZATIONS, DRUG TRAFFICKERS, OR THOSE INVOLVED AS SUPPLIERS IN THE ILLEGAL TRADE OF NUCLEAR, CHEMICAL OR BIOLOGICAL WEAPONS. 
  • EMBARGO, CAPTURE, ARREST, SEIZURE, RESTRAINT, MOLESTATION OR DETENTION BY ANY GOVERNMENT OR AUTHORITY WHATSOEVER;
  • RIOTS, CIVIL COMMOTION, STRIKES, LOCKOUTS AND THE LIKE;
  • PIRACY OF A POLITICAL OR WAR-RELATED NATURE.
  • EPIDEMICS AND PANDEMICS

10.4. SERVICE PROTECTION SHALL NOT BE BOUND BY ANY WARRANTY, PROVIDE ANY SERVICE OR BE OBLIGED TO PAY ANY SUM UNDER THIS CONTRACT IF THE IMPLEMENTATION OF SUCH A WARRANTY, THE PROVISION OF SUCH A SERVICE OR SUCH A PAYMENT WOULD EXPOSE IT TO ANY SANCTION, PROHIBITION OR RESTRICTION RESULTING FROM A RESOLUTION OF THE UNITED NATIONS, AND/OR TO THE ECONOMIC OR COMMERCIAL SANCTIONS PROVIDED FOR BY THE LAWS OR REGULATIONS ENACTED BY THEEUROPEAN UNION, FRANCE, THEUNITED STATES OF AMERICA OR BY ANY OTHER APPLICABLE NATIONAL LAW PROVIDING FOR SUCH MEASURES (RIOTS, POPULAR MOVEMENTS, STRIKES, LOCKOUTS, NATURAL EVENTS LEADING TO THE TOTAL OR PARTIAL DESTRUCTION OF THE PREMISES STORING THE CARRIER'S GOODS AND OTHER SIMILAR EVENTS).

Article 11 - Obligations of the Member

The Protection Service will have no effect if the Member does not meet all of the following cumulative requirements:

11.1. Packaging requirements for the Goods

11.1.1. Requirements applicable when Goods are handed over to a Carrier

  • Goods must be shipped in containers in which the contents cannot be detected by palpation. The packing slip must be placed on a rigid surface on the outside of the package.
  • Goods must be dispatched in new, strong double packaging (for clarification, double packaging means that (1) the Goods must be packed in a first container such as a cardboard box, box, bubble wrap, cardboard envelope; (2) this first packaging must then be placed in a second, larger, rigid packaging such as a second cardboard box).
  • The outside of the parcel must not contain any statement of value or indication of the nature of the Goods. Examples include, but are not limited to, the name or description of the Goods, the name of a company, the mention of a website or other entity suggesting the nature of the Goods. It is specified that the customs declaration is not considered as an indication of value, which must be placed underneath the Consignment Note.

11.1.2. Special rule for non-resistant packaging

Where flexible packaging is used in the Member's supply chain, such as bubble wrap or thin cardboard envelopes, will be covered by the Protection Service up to a fixed maximum amount per Parcel, subject to prior written agreement from Claisy.

In the case of an exceptional shipment in non-rigid packaging, the Member must take photographs and/or videos of the packaging of the Goods and provide them to Claisy on request in the event of a dispute.

11.1.3. Special rules for damage

In the event of receipt of a damaged Parcel, the Consignee or any other person authorized to receive the Parcel is required to make a precise and detailed mention of the damage noted, such as breakage or the absence of an object, on the Carrier's Delivery Note. This list is not exhaustive. In addition, the Consignee or any other person receiving the Parcel must take photographs of the Parcel, the Consignment Note, the interior of the Parcel and the goods.

The Consignee or any other person receiving the Parcel who has signed the Delivery Note without expressing any reservations to the representative of the Carrier responsible for the delivery of the Property or the damaged Parcel, is deemed to have accepted the Property in the condition in which it is found and thus waives any subsequent claim.

11.2 Requirements for the delivery of Goods

Goods or parcels whose value, tracked and protected by the Protection Service, exceeds €1,000 (one thousand euros) must be sent by "delivery against signature". In the event that Goods or Packages exceeding this amount are shipped without a mandatory signature, Claisy reserves the right not to apply the Protection Service.

The Consignment Note must be firmly attached to the Parcel and contain all the necessary information concerning the Consignee, i.e.: surname, first name, full address (street and street number, zip code, town, country of destination) and telephone number.

If the Consignee or the Sender agrees with the Carrier to deliver the Parcel without signature, in his absence, by entrusting it to a third party, by depositing it in his mailbox or in any other place, the Parcel will no longer be covered by the Protection Service.

11.3 Requirements for the declared value of the Parcel

The Member must declare the value of the Good(s) contained in the Parcel at the time of subscription to the Protection Service. In the event of a claim, this value must be established by the following means of proof only: an invoice for the item(s) dated within 2 (two) months of the Collection Date.

11.4 Requirements for the delivery of a package following compensation

In the event that a protected parcel is delivered late and compensation for total theft has been paid, it is stipulated that ownership of the parcel is transferred to Claisy. Consequently, Claisy reserves the right to take steps with its Member to recover the Merchandise or to be reimbursed the amount of the compensation by including it in the Member's next invoice.

Article 12 - Compensation value of Services

12.1. The value of the Merchandise(s) used as a basis for compensation of claims is equal to 100% of the value declared to Claisy at the time of subscription to the present General Terms and Conditions and of the loss suffered by the Member. The value of the protected Goods must be corroborated by the admissible means of proof stipulated in article 11.3. of these General Terms and Conditions. 

12.2. The total amount indemnified may under no circumstances exceed the value of the Goods protected by the Protection Service. In the event of a Loss, should the Member receive compensation or indemnification from the Carrier, this will be deducted from Claisy's Indemnification. Thus, the Member will not be able to generate a profit, i.e. receive from the Carrier and Claisy more than the value of the Goods covered by the Protection Service, by combining an indemnity or compensation received from the Carrier and the Claisy Indemnity. When the Member is subject to VAT, the compensation value will be based on the amount excluding VAT.

Article 13 - Activation of the Protection Service

13.1. In the event of a Claim, upon receipt of the Parcel, the Member must :

  • take all precautionary measures to protect the protected goods and limit damage;
  • retain all rights and remedies against the Carriers and/or any third party allegedly responsible;
  • in the event of damage :
       
    • write clear, precise and significant reservations on the Delivery Note as provided for in article 11.1.3. of these General Terms and Conditions;
      •  
    • take a photo of the damaged or missing parcel;
      •  
    • keep all packaging
    •  
  • in the event of theft, lodge a complaint with the appropriate police authorities.

13.2. The Member must be able to send the following documents to Claisy as soon as possible, i.e. 14 (fourteen) days maximum from the Collection Date or 3 days from the Delivery Date, without photo editing, retouching or modification:

  • copy of the company's identity document and/or Kbis extract or unique identification number (foreign equivalent);
  • proof of the protected value of the Merchandise(s) as provided for in article 11.3. of these General Terms and Conditions with proof of payment (credit card receipt or copy of bank transfer) establishing the transaction;
  • a photo of the damaged or missing parcel;
  • in the event of theft: copy of the report filed with the appropriate police authority;
  • in the event of damage(s): an estimate of the cost of restoring the Merchandise(s) by a professional qualified to restore the Merchandise(s), which will first be studied by Claisy. Claisy reserves the right to approve the estimate and, if necessary, to issue an invoice for the cost of repairing the Merchandise(s) by a professional competent to repair the Merchandise(s);

It is however specified that this list is not exhaustive and that Claisy reserves the right to open an inquiry and to ask the Member for any other information, documents or exhibits deemed useful.

13.3 In the event of a Claim, the member must inform Claisy without delay, and in any event within a maximum of 3 days from the initially scheduled Delivery date, of any Claim of which he/she is aware by sending a claim via the form provided on the Website.

13.4. In the event that the Member has been compensated by the Protection Service following the non-delivery of one or more Packages, and the Goods or the Package are found, the Member must undertake in writing to take back the Goods or the Package(s) found and reimburse Claisy the corresponding declared value, less, where applicable, any loss or damage covered by the Protection Service.

Article 14 - Prices and conditions of payment and reimbursement

14.1. The price of the Claisy Service offered by TRCKLY is calculated on the basis of the value of the parcel including VAT, and the location of the Member. The price is displayed on the add a parcel page or on the My Parcels page or by API consultation. The Member may cancel protection for each parcel within 24 hours (subject to article 10.2).

14.2. The price is payable monthly, within 8 days of the invoice being issued by TRCKLY.

14.3Non-payment of an invoice does not entitle the customer to compensation for packages for which payment of the Protection Service has not been honored.