Terms and Conditions LetMeShip Guarantee

Terms and Conditions of the Goods Value Guarantee 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 ITA Group 
  • “Collection Date”: Date the Parcel or Goods are taken over by the Carrier; 
  • “Delivery”: Physical handover of the Parcel or Goods to its Recipient; 
  • “ITA Group”: Refers to ITA Consulting GmbH and/or all its subsidiaries operating the LetMeShip.com website in Germany, France, the Netherlands, Belgium, Spain, Switzerland, and Austria. 
  • “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; 
  • “Customer”: Physical or legal person holding a customer account on the LetMeShip platform, subscriber to the Guarantee, and beneficiary of 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 when subscribing to the Service; 
  • “Service”: Refers to all services and benefits provided by ITA Group 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 ITA Group to the Customer. 

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 LetMeShip.com website.  

The Customer declares having read and accepted these Terms and Conditions applicable to all parcels for which subscriptions has 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 PRODUCTS1, 
  • 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 PALLET2, 
  • 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 IONISING 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 LIABILITY CAUSED BY A COMMUNICABLE HUMAN DISEASE PROCLAIMED OR CHARACTERISED 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 ITA Group 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 Organisation, 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. 

Article 7 – Accepted Carriers and Delivery conditions 

7.1. For the Guarantee to apply, the Parcel must have been shipped through a tracked and Proof of Delivery secured shipping service such as a signature or code. The Guarantee takes effect for twenty-one (21) days from the Collection Date. It is the Customer’s responsibility to make sure a shipping method that ensures a delivery within this timeframe has been chosen. 

7.2. It is specified that Goods entrusted to a river or maritime carrier are not covered by the Guarantee. 

7.3. Parcels dropped off at or originally scheduled for delivery to non-transport relay points will be covered up to a maximum value of five hundred euros (€500). Any business whose main activity is not related to the transport of goods is considered to be a non-transport relay point. 

Article 8 – Customer obligations 

The Guarantee shall not take effect if the Customer does not comply with all the following cumulative requirements: 

8.1. Requirements regarding the packaging of Goods: 

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

  • Goods must be shipped in rigid containers that do not allow their content to be detected by palpation; 
  • Goods must be shipped in a double new and sturdy packaging. (By double packaging, it is understood that the Goods must be packed in a first container such as a carton, box, bubble wrap, cardboard envelope. This first packaging must then be placed in a larger and rigid second packaging such as another carton); 
  • Goods must be prepared, packed and packaged sufficiently and appropriately according to their nature in order to withstand the risks of transport. 

8.1.2. Special rule regarding damages: If the Parcel arrives damaged, the Recipient must accurately describe the damages on the delivery note to allow the Customer to be compensated. 

By signing the delivery note without raising objections to the Carrier’s representative delivering the Goods, the Recipient accepts the Goods, and the Customer waives any claims. 

For information, in case of doubt, the Recipient has the right to check the contents of the Parcel in the presence of the Carrier’s representative before signing the delivery note. The Carrier’s representative cannot refuse this. 

8.1.3. Special rule concerning non-resilient packaging: Non-rigid and less resistant packaging (such as bubble envelopes, thin cardboard envelopes) will be covered by the Guarantee for a maximum value of two hundred euros (€200) per Parcel, except for document dispatches, coverage of the Guarantee will be limited to the cost of reproduction for a maximum value of five hundred euros (€500) per Parcel. 

8.2. Requirements regarding the delivery modalities of Goods: 

Goods or Parcels must be handed over to the Recipient against the Recipient’s conforming signature or code. 

The shipping label must be attached to the Parcel with all the Recipient’s information including full name, complete address, postal code, city, and country of destination. 

If the Recipient, the Customer or any third party linked to the Customer agrees with the Carrier to deliver the Parcel without a signature, in their absence, entrusting it to a third party, placing it in their mailbox, or in any other place, it ceases to be covered by the Guarantee. If negligence from the Carrier, is the cause, the Guarantee normally applies. 

8.3. Requirements regarding the declared value of the Parcel: 

The Customer must declare the value of the Parcel at the time of subscribing to the Guarantee. This must be corroborated by a commercial invoice for new Goods, and a valued transfer certificate or a pre-sent dispatch notice for used Goods. It is specified that the declared value at the time of subscription cannot in any case exceed the value stated on the commercial invoice for new Goods, or the transfer certificate valued or dispatch notice for used Goods. 

8.4. Requirements regarding the conservation of claims rights: 

The Customer is obliged to preserve all the rights and remedies against the Carrier(s). 

The Customer may not, without the prior agreement of ITA Group, interfere in exchanges between ITA Group and the carrier regarding the claims process against the carrier, failing which the conditions for reimbursement under the guarantee will be rendered null and void. 

Article 9 – Compensation value of Claims 

9.1. The guaranteed value must be corroborated, in accordance with the provisions of Article 8.3, by a commercial invoice, a valued transfer certificate, or a pre-sent dispatch notice. The amount of compensation cannot exceed the highest of the following sums: 

  • For new products, the invoice value; 
  • For used products, the replacement value, depreciation deducted up to 50% of the declared value; 
  • For damaged products, the value of the repair costs of the product if it is reparable and if it does not exceed the value of the product. 

9.2. The total amount compensated cannot in any case exceed the guaranteed value. In the event that the Customer receives compensation or indemnification from the Carrier, this amount will be deducted from the compensation or must be refunded to ITA Group. It is specified that the Customer cannot profit by combining compensation or indemnity received from the Carrier and the Guarantee compensation. 

Article 10 – Claims and Compensation procedure 

The Guarantee will not be effective if the Customer or any third party linked to the Customer fails to comply with all the requirements of this Claims and Indemnification procedure: 

10.1. In case of a Claim, the Customer must: 

  • Take all precautionary measures to protect the guaranteed Goods and limit damages; 
  • Preserve all rights and recourse actions against the Carriers and/or any presumed third party responsible; 
  • In case of damage:  
  • Require the Recipient to write clear, precise, and meaningful reservations on the delivery note, or refuse Delivery. A damaged Parcel whose delivery note is signed without reservations or without refusal of Delivery cannot be compensated; 
  • Require the Recipient to provide a photo of the Parcel, its contents and packaging; 
  • Require the Recipient to keep all packaging; 
  • In case of theft, file a complaint. 

10.2. The Customer must promptly provide the following documents if requested: 

  • Copy of the shipping label or proof of dispatch of the Parcel with the information required to determine the details of the Parcel (weight, type, value, contents) and of the customer (dates, names of persons involved, details of the goods); 
  • Copy of identity document and/or Kbis extract of the company or equivalent foreign document; 
  • Proof of guaranteed value: 
  • For new goods: Copy of the original invoices for the goods contained in the Parcel, 
  • For second-hand goods: Copy of the original invoices for the goods contained in the Parcel or a document corroborating the value of the Parcel (a valued certificate of transfer or an expert’s opinion drawn up prior to dispatch); 
  • A photo of the Parcel and/or its contents and/or its packaging; 
  • In case of theft: copy of the police report detailing the circumstances of the theft of the Parcel; 
  • In case of damage: photos of the damage, a copy of the reservations made on the delivery slip, an estimate or invoice for the repair costs of the Goods if this is possible. 
  • A sworn declaration of non-receipt of the Parcel accompanied by proof of identity; 
  • Proof of the transaction; 
  • The pick-up receipt from the carrier. 

In case of doubt, ITA Group or any third party acting on its behalf reserves itself the right to conduct a preliminary investigation. 

10.3. The Customer must notify ITA Group of any Claim of which it is aware of by sending its Claim to ITA Group using the provided tools, within the following deadlines: 

– In the event of loss or theft of the Parcel during its transport by force, violence, threat, break-in, use of a false identity, with murder or attempted murder, at the latest within a maximum of twenty-one (21) days after the Collection Date of the Parcel; 

– In the event of damage to or non-delivery of the Parcel declared delivered, within a maximum period of fourteen (14) days after the actual or notified Delivery date of the Parcel; 

10.4. ITA Group will assist the Customer in their Claim process and remain their direct contact. In this capacity, ITA Group will assist the Customer in obtaining the necessary documents to provide a complete file. 

10.5. If the Customer has been compensated under the Guarantee due to the non-delivery of a Parcel, and the Goods contained in the said Parcel are subsequently found, the Customer hereby agrees to retrieve the Goods, the recovered Parcel(s), and reimburse ITA Group for the compensation previously received, deducting, if applicable, the losses and damages covered by the Guarantee. 

Article 11 – Cancellation of the Guarantee 

The Customer has the right to request cancellation of the Guarantee and seek a refund, only if the Parcel has not been shipped. Once the Parcel is taken over by the Carrier, the Guarantee will immediately take effect and will no longer be refundable or cancellable. 

Article 12 – Liability 

Each party assumes the consequences arising from its faults and breaches of obligations under these Terms and Conditions; there is no joint liability between the parties. The maximum limit of liability applicable to ITA Group, if established, shall not exceed in any case, all damages combined, and in any event, one hundred thousand euros (€100,000) per Parcel, or per Shipment regardless of the number of Parcels. 

Article 13 – Force Majeure 

ITA Group or the Customer, shall not be liable if the non-performance of Services or delay in the performance of any of their obligations as described in these Terms and Conditions results from a Force Majeure Event, within the meaning of Article 1218 of the Civil Code. The party experiencing the force majeure event must immediately inform the other party of its inability to perform its obligation and justify it to the other party. The suspension of obligations shall not in any case be a cause of liability for non-performance of the obligation in question, nor entail the payment of damages or penalties for delay. The performance of the obligation is suspended for the entire duration of the force majeure if it is temporary. Therefore, upon the disappearance of the cause of the suspension of their reciprocal obligations, the parties shall make every effort to resume the normal performance of their contractual obligations as quickly as possible. To this end, the hindered party shall notify the other party of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act. 

Article 14 – Applicable law and language 

The applicable law is French law. Any dispute arising from the validity, interpretation or performance of the general terms and conditions of sale and the use of the site shall be brought before the Commercial Court of Nantes, even in the event of multiple defendants or the introduction of third parties, if the plaintiff is a merchant. In all other cases, the designation of the competent court will be determined in accordance with the rules applicable to the Code of Civil Procedure. 

Article 15 – Severability clause 

The total or partial invalidity of one of the provisions of these conditions of use shall not affect the validity of the other provisions. The invalid clause will be replaced by a valid clause whose purpose is as close as possible to the invalid clause from an economic point of view. The same applies to legal loopholes.