TERMS AND CONDITIONS

1 – PURPOSE AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS

1.1. Purpose of the General Conditions

The purpose of these General Terms and Conditions is to define the terms of performance and the legal framework of the Services ordered by the Customer via the Site from MOVIIU, SA with a capital of CHF 300,000, registered with the Trade Register of GENEVA (SWITZERLAND) under number CHE-303.888.192 and having its registered office at 6 avenue de Sécheron, 1202 GENEVA (SWITZERLAND) (hereinafter referred to as “MOVIIU”).

1.2. Acceptance of the General Terms and Conditions

The Customer accepts these General Terms and Conditions either by ticking a box to this effect during the process of concluding the Transport Order via the Site, or by agreeing to the quotation sent by MOVIIU.

This acceptance is full and complete. Unless expressly agreed by MOVIIU, no general or specific condition emanating from the Customer may take precedence over these General Conditions with regard to the Services and their consequences.

2 – DEFINITIONS

 For the purposes of these General Terms and Conditions, the following terms are defined as follows:

  • “Insurer”: The insurance company with which MOVIIU has taken out a third-party carrier insurance covers, subject to the terms, limits, and exclusions of the policy, accidental material damages that may occur during the performance of the Service to the goods entrusted by the Principal, up to the value declared by the latter.
  • “Package”: object or set of objects made up of several objects, whatever their weight, dimensions and volume, constituting a unit load when delivered to MOVIIU’s Substitute(s).
  • “Transport Order”: request for Transport Commission Service(s) sent by the Order Giver to MOVIIU; it includes customs representation operations.
  • “User Account”: account that must be created on the Site in order to become a User of the Site and the services it offers.
  • “General Conditions”: the present conditions which, alone and to the exclusion of all others, govern the relationship between MOVIIU and the Order Giver and the Recipient, and anyone else taking part in the operations.
  • “Order Confirmation”: MOVIIU’s acceptance of the Transport Order sent by the Order Giver. The Order Confirmation is sent by e-mail to the Order Giver. It constitutes the conclusion of a freight forwarding contract between MOVIIU and the Order Giver, with confirmation of the customs representation mandate, if applicable.
  • “Consignee”: party to whom the object to be transported is shipped via a Transport Order placed by the Order Giver.
  • “Order Giver”: party who sends a Transport Order to MOVIIU so that it can organize the transport of the object(s), if necessary by representing it in customs.
  • “Shipment”: all packages, including packaging and load carrier(s), delivered to MOVIIU’s Substitute(s) by the Customer or its representatives as part of the performance of the Services.
  • “Delivery”: physical handover of the item(s) to the Consignee or its representative with special written authority.
  • “Service”: the organization of transport carried out by MOVIIU (including additional services such as home packing and return packing) on behalf of the Customer in execution of a Transport Order.
  • “Price of the Service”: price paid by the Client to MOVIIU for the Service.
  • “Price Supplement”: price paid by the Customer to MOVIIU for the options subscribed by the Customer at the time of the Transport Order.
  • “Price”: price paid by the Client to MOVIIU for the Service and the options subscribed to.
  • “Site”: www.moviiu.com website, and more generally any web and/or mobile application published by MOVIIU and linked to the Site.
  • “Substitute”: any professional transport or customs agent to whom MOVIIU entrusts the performance of the transport, part of the transport or an ancillary service in fulfilment of a Transport Order. MOVIIU’s Substitutes are deemed approved in advance by the Order Giver.
  • “User”: the Order Giver registered on the Site.

3 – SITE OPERATING CONDITIONS

3.1. Use of the User Account

The User Account is strictly personal.

The User accesses the Site by means of his/her password and login, and his/her User Account containing all his/her personal data provided when registering on the Site.

The User undertakes to ensure that his/her data is accurate, complete and unambiguous, and to keep said data up to date.

The User undertakes to keep confidential and to refrain from communicating to anyone (including another User) his login and password enabling him to access the Site.

The User is solely responsible for his User Account and the use made of it. It is the User’s responsibility to immediately inform MOVIIU at the first indication that his/her User Account may have been hacked and/or used by a third party.

The User formally refrains from creating or using a User Account other than the one initially created, whether under his own identity or that of a third party, and formally refrains from transferring his User Account to anyone else.

3.2. Suspension and termination of the User Account by MOVIIU

MOVIIU reserves the right to suspend or terminate the User’s Account if it finds inaccurate information and/or behavior by the User contrary to these Terms and Conditions, without notice or liability.

The User indemnifies MOVIIU against all damages, losses, prejudice or condemnation suffered by MOVIIU or any other person as a result of use of the Site in violation of these General Conditions.

4- CONTRACT FORMATION

4.1. Transport order

The Customer places a Transport Order via the Site by filling in the mandatory fields provided for this purpose.

In the event that (i) the object to be transported does not fall into any of the standard categories proposed by the Site and/or (ii) the dimensions and/or weight of the object to be transported are outside the standards provided by the Site and/or (iii) the declared value of the object to be transported is greater than €100,000 (one hundred thousand euros), the Order Giver must complete the special form for this purpose via the Site in order to obtain specific prior acceptance from MOVIIU .

The dispatch of the Transport Order is binding, subject to the modifications provided for in article 5.4 below, and does not allow the right of withdrawal to be exercised.

4.2. Confirmation of the Transport Order

The Site registers the Transport Orders and determines the Price. The contract is formed when the Order Confirmation is sent by e-mail to the Customer.

5 – PRICES AND PAYMENT

5.1. Price calculation

5.1.1 During the Transport Order process, the Site informs the Customer of the amount of the Price and the Services that the Price includes.

The Price is calculated by the algorithms of the system published by MOVIIU on the basis of information supplied by the Order Giver, in particular the nature, weight, volume and value of the object(s) to be transported and the routes to be taken.

The Price is based on the currency exchange rate at the time it is provided.
 In the event of inaccuracy, it is the responsibility of the Order Giver to question MOVIIU prior to sending the Transport Order.

5.1.2 The Price of the Service is stated exclusive of tax. The VAT due is added to the Price by MOVIIU according to the rate applicable on the day of invoicing.

5.1.3 The price of fuel is determined when the Price is fixed at the time of the Transport Order. It should not vary, unless, in the time between the Transport Order on the Site and its completion by the Substitutes, a variation occurs which must be taken into account.

To take account of changes in fuel prices, a fuel surcharge may be applied by MOVIIU ipso jure and without formality, which will be calculated according to changes in fuel prices (based on the average monthly price of the US Gulf Coast (http://www.eia.gov/dnav/pet/pet_pri_spt_s1_m.htm) Index for kerosene, published by the US Department of Energy for international transport, and on the fairest possible measure of the average price of diesel fuel in the country concerned for domestic transport). Given the dates on which the average prices are published, there will be a two-month lag in the application of these indexes.

5.1.4 Unless otherwise specified by MOVIIU in the Order Confirmation, the Price does not include duties, taxes, fees and levies due in application of any fiscal or customs regulations (such as excise duties, import duties, etc.), for which the Customer is liable.

In the event, however, that duties and taxes, carriage costs, transport costs and any other applicable charges have to be paid by the Consignee, the Order Giver remains jointly and severally responsible and liable for the payment of said applicable charges, whether vis-à-vis any administration, MOVIIU or any third party, for whatever reason.

5.2. Terms of payment

5.2.1 Following the Transport Order, the invoice is issued by MOVIIU and is either available on the Site in the case where the Transport Order process has been carried out via the Site, or sent by MOVIIU by email to the Order Giver in the case where the Transport Order process has been carried out via a quotation drawn up specially by MOVIIU.

The Customer pays the Price by credit card, PayPal or bank transfer to MOVIIU’s account.

Only upon receipt of payment of the Price will MOVIIU begin the performance of the Service entrusted by the Transport Order.

5.2.2 Any delay in payment shall automatically give rise, on the day following the date of Confirmation of the order, to the payment of interest on arrears in the amount of 5% plus a fixed indemnity for collection costs in the amount of CHF 40 for each reminder required, and this without prejudice to possible compensation, under the conditions of common law, for any other damage resulting for MOVIIU from the delay.

5.3. Additional charges

Unless MOVIIU is at fault, if additional charges not foreseen at the time of the Transport Order and necessary for the performance of the Services are paid by MOVIIU, the Ordering Party is automatically liable for them. It must reimburse MOVIIU for the costs thus incurred upon presentation of supporting documents, in accordance with the conditions set out in article 5.2.

These cases include, but are not limited to, the following:

  • Incorrect and/or inaccurate information relating to the place of collection of the order and any other incorrect and/or inaccurate information relating to the collection of the order;
  • Requests for additional services such as specific collection or delivery times, change of address;
  • Incorrect and/or inaccurate information concerning the place of delivery and any other incorrect and/or inaccurate information concerning the delivery of the order;
  • Incorrect dimensions and/or weights supplied for the item(s) to be transported and/or for the packaging;
  • Unavailability of the Order Giver or the Consignee (or a representative of the Consignee with special written authority to receive the object entrusted to him) requiring additional costs, e.g. additional journeys or storage of the object to be transported;
  • Omission of specific customs status requiring additional procedures
  • Refusal by the Consignee to pay customs charges, making it necessary to return the Shipment to the Customer: the Customer will only be refunded the item after full payment of the return or storage charges;
  • Any event unforeseeable at the time of the Transport Order and which would give rise to additional costs for MOVIIU…

5.4. Modification of the Transport Order

The Transport Order is binding and cannot normally be modified. For any request to modify the Transport Order, the Customer must contact MOVIIU by email at info@moviiu.com to inform them of the changes they wish to make.

Any modification of the Transport Order, if possible, may lead to a readjustment of the initially agreed Price. In this case, the Customer must make an additional payment in accordance with article 5.2.

5.5. Cancellation of the Transport Order

No cancellation of the Transport Order can be made once the Transport Order Confirmation has been received by the Customer.

In the event of breach of this provision by the Customer (in particular in the event of refusal to hand over the object to be transported to MOVIIU or one of its Substitutes), the Price agreed under the terms of the Transport Order shall be payable in full by the Customer.

However, MOVIIU or its Substitutes reserve the right to cancel any Order which, after inspection of the Shipment, proves not to comply with the information or elements provided by the Customer or to be contrary to the Law.

6 – INSURANCE OF THE ITEM(S) TO BE TRANSPORTED

MOVIIU offers to cover the objects to be transported with a third-party insurance policy…

By default, no insurance covers damage to Shipments, which may be compensated by MOVIIU under the conditions indicated in article 11.2 below.

No insurance is taken out by MOVIIU on behalf of the Order Giver without the latter’s prior written order specifying for each Shipment the risks to be covered and the value to be guaranteed.

At the time of the Transport Order, the Order Giver may cover material damage up to the value of the object(s) to be transported declared by the Order Giver by taking out “ad valorem” insurance via the Site. MOVIIU cannot be held responsible for any declaration of value by the Order Giver that proves to be insufficient.

For any declared value in excess of €100,000, MOVIIU must first submit a special request to the insurer, who is free to accept or refuse to insure the item in question. In any case, MOVIIU may also refuse to carry goods worth more than €100,000.

The Principal acknowledges and agrees that they cannot receive compensation exceeding either the default limit mentioned in Article 11.2 or the declared value if they have opted for the so-called ad valorem insurance. The Customer guarantees that any person interested in the object(s) to be transported will refrain from requesting higher compensation and indemnifies MOVIIU against any claim in this respect.

The insurance is only effective after the Transport Order Confirmation has been received by the Customer and the Price and any additional charges have been paid to MOVIIU. A certificate of insurance is available on request by email to MOVIIU.

In all cases of damage, whether insured or not, only accidental material damage to the item(s) to be transported is compensated, to the exclusion of all other damages, particularly immaterial or indirect damages. The payment of the insurance indemnity by the Insurer to the Customer (or his beneficiaries) will be conditional upon the claimant’s capacity and interest to act being demonstrated, and upon the signature of the required documents (receipt, etc.).

MOVIIU assumes no liability whatsoever, nor any solidarity with insurers. No personal liability may be invoked against it.

MOVIIU is not an insurance broker, agent or intermediary. The Customer undertakes to provide MOVIIU in good time with all the information required to declare the claim, so that MOVIIU can make the necessary arrangements with the Insurer.

The Insurer’s indemnification of the Customer, or his heirs and assigns, discharges them of their rights. Consequently, no further compensation may be claimed from MOVIIU or its Substitutes. Acceptance of the insurance indemnity constitutes waiver by the Customer and his assigns of any recourse against MOVIIU and its Substitutes.

You can consult the insurance conditions via this link.

7 – THE CUSTOMER’S OBLIGATIONS

7.1. Packaging and labelling

Except where the Customer has requested this service from MOVIIU via the Site or via the special form (home packing) and has paid the relevant Price in full, the Customer is responsible for the correct packing and labelling of the item to be transported.
 In the event of non-conformity of the packaging and labeling not carried out by MOVIIU, MOVIIU cannot be held responsible for any damage to the object to be transported and/or any additional costs resulting therefrom.

The Order Giver will also be held solely responsible, without recourse against MOVIIU or its Substitutes, for damage of any kind that the Shipment may cause.

7.2. Reporting obligations and transport instructions

The Customer is obliged to give the necessary and precise instructions in the Transport Order so that MOVIIU’s Substitutes can carry out the transport and additional services covered by the Transport Order.

In this respect, the Order Giver must provide all the information and documents necessary for the proper execution of the transport, and, if requested by MOVIIU, complete these as soon as possible. If necessary, in particular for the proper performance of customs operations, the Order Giver authorizes MOVIIU to issue, in his name and on his behalf, a pro-forma invoice taking up the information supplied by the Order Giver and, if necessary, supplementing it.

In addition to the information and documents required by MOVIIU for the Transport Order, the Order Giver must inform MOVIIU of any additional information and/or instructions required for the transport so that MOVIIU and its Substitutes can properly organize the Transport Order.

The Customer is prohibited from placing a Transport Order for items that are illegal, prohibited, classified as hazardous, dangerous or subject to restrictions by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Agreement concerning the International Carriage of Dangerous Goods by Road), or any other competent body, subject to an embargo as defined in the regulations applicable to the shipment in question, counterfeit goods, animals, gold bullion, currency, precious stones, weapons, explosives, ammunition, human remains.

MOVIIU informs the Order Giver that it is forbidden to make Shipments to the following countries: Belarus, Cuba, Democratic Republic of Congo, Iran, Libya, Burma, North Korea, Sudan, South Sudan, Syria, Venezuela, Zimbabwe, Russia, Ukraine.

MOVIIU or its Substitutes reserve the right to open and inspect any Shipment without prior notice for safety, security, customs or regulatory reasons.

Any specific instructions relating to Delivery must be the subject of a written order repeated for each Shipment and must be sent to MOVIIU in advance, for prior express acceptance.

The Customer undertakes to inform the Consignee that the Shipment may only be delivered to a representative of the Consignee upon presentation of a special written power of attorney.

The Consignee may be offered an alternative delivery option such as delivery on another date, delivery without a signature, redirection of the Shipment. The Customer may exclude certain alternative delivery options.

7.3. Removal of the object to be transported

The Customer is obliged to assist the Substitute(s) in loading the object to be transported onto the means of transport used and, if necessary, in securing it.

The Customer shall be solely liable for any damage caused by his own act or omission in the course of these operations or thereafter.

7.4. Impediments to transport

The Customer undertakes to give MOVIIU at least three (3) working days’ notice if the object to be transported cannot be delivered within the agreed time. Should the Order Giver fail to comply with this notice, the Transport Commission Service will be cancelled and the Order Giver will be invoiced for the agreed Price, which remains due in full to MOVIIU.

If, after the delivery of the object to be transported to MOVIIU’s Substitute(s), the transport is prevented or temporarily interrupted, or if the execution of the transport is or becomes impossible, MOVIIU may request instructions from the Order Giver, who must reply as soon as possible. MOVIIU will endeavor to inform the Customer of all foreseeable consequences of such instructions. The Customer shall reimburse MOVIIU for all unforeseen expenses, on presentation of supporting documents.

In the absence of a timely response from the Order Giver, MOVIIU will take the measures it deems best in the Order Giver’s interest for the preservation of the object to be transported or its forwarding to the Consignee. Costs thus incurred are passed on to the Order Giver, who is liable for them and must pay them within the same period as MOVIIU invoices. The Ordering Party may request the presentation of supporting documents.

7.5 Payment obligations

The Customer is obliged to pay the Price, and any accessories, in accordance with the terms of article 5 of the General Terms and Conditions.MOVIIU is not obliged to carry out any due diligence prior to receipt of the Price, on its bank account, which the Customer expressly accepts.

8 – CUSTOMS REPRESENTATION MANDATE

By accepting the General Terms and Conditions, the Customer gives a mandate to his territorially competent partners, customs representatives, to represent him before the Customs Administration within the framework of direct representation in accordance with the Customs Code of the Union (EU regulation no. 952/2013).The Customer expressly authorizes MOVIIU to subcontract to its territorially competent partners the performance of these customs operations, namely:

  • Sign all import and export customs declarations on behalf of the Customer,
  • Perform all related acts,
  • Present documents and items to be transported, and carry out customs inspections,
  • Represent the Customer in dealings with other administrations or any other interested organization for the performance of the operations entrusted to it (sanitary, phytosanitary, veterinary, excise),
  • Carry out operations under economic regimes (temporary admission, temporary export, inward processing, outward processing, simplified procedures, etc….),
  • Use MOVIIU’s guarantees (guarantees and collection credits) to carry out operations entrusted to MOVIIU,
  • Pay on behalf of the Customer the amount of duties and taxes relating to the customs declarations and documents referred to above,
  • Receive and acknowledge all refunds and withdraw and acknowledge all certificates,
  • More generally, to carry out all acts necessary for the performance of the mission entrusted to it.

In the absence of information to the contrary, MOVIIU will assume that the items entrusted to it are not subject to any import, export or transit restrictions.

The Customer undertakes to provide MOVIIU as soon as possible and in writing with any element likely to influence the customs value of the item to be cleared and which is not taken into account on the invoice provided to MOVIIU.

The Customer remains solely and exclusively liable for any customs debt that may result from customs clearance operations, even if MOVIIU pays the debt before requesting reimbursement.
 The Customer undertakes to indemnify MOVIIU on first demand for any financial consequences, claims or costs incurred, including customs duties and other indirect taxes, for example VAT or excise duties, penalties, fines and interest, which MOVIIU may incur as a result of the Customer’s negligence or incorrect information provided by the Customer.The Customer undertakes to reimburse MOVIIU for any sums incurred by MOVIIU or its subcontractor in the interest of the Customer.

MOVIIU reserves the right to refuse to carry out formalities, in particular in the event of questioning or doubt as to compliance with applicable regulations.

When carrying out customs operations, MOVIIU is only obliged to ensure that documents are complete and consistent. MOVIIU cannot be held responsible in any other case for the documents used.

This mandate takes effect as from the Order Giver’s acceptance of the General Conditions and applies whenever the Service entrusted to MOVIIU includes customs operations. It remains valid until terminated by either party by registered letter with acknowledgement of receipt sent to the registered office of the other party. Termination shall be effective on the date of receipt of said registered letter.

9 – MOVIIU’S OBLIGATIONS

MOVIIU reserves the right to cancel or refuse any Transport Order in the event of late payment or non-payment of an invoice owed by the Customer.

When MOVIIU accepts a Transport Order, it is responsible for organizing the transport of the object in accordance with the Order Giver’s instructions. MOVIIU is free to determine the terms of transport, including the type of transport, and to choose the Substitute(s) who will carry out the transport.

9.1. MOVIIU’s obligations to the Customer

MOVIIU verifies (i) the apparent regularity of the documents provided by the Order Giver at the time of the Transport Order and (ii) that no essential document is missing.

If it appears that the information provided by the Order Giver is incomplete, MOVIIU will ask the Order Giver for further details in order to best organize the Service…

MOVIIU draws up the transport documents or has them drawn up, and checks that the information and documents required for drawing up the transport document and for routing the goods have been supplied to it or, failing this, to the carrier(s) at the latest when the goods are taken over. He draws up the documents for which he is responsible and ensures, as far as he is able, that the documents are drawn up by those responsible for them.

MOVIIU informs the Customer of the progress of the transport operation and reports to him any difficulties requiring his intervention arising during the performance of the Service.

In the event of an incident occurring during the performance of the transport, MOVIIU will do its utmost to preserve the rights and remedies of the Order Giver, and will endeavor to find a solution as soon as possible in order to complete the transport. If necessary, MOVIIU will unilaterally take the necessary decisions to preserve the transported object and the interests of the Customer.

It is not MOVIIU’s responsibility to supervise the loading of the object to be transported, unless specifically ordered by the Customer when placing the Transport Order, as provided for in article 7.1 of the General Terms and Conditions. MOVIIU also assumes no obligation with regard to the packing, chocking and labeling of the object entrusted to it when the packing and chocking are carried out by the Customer.

Except in the case of personal fault on its part, MOVIIU is not liable for any intermediary commission agents and/or Substitutes that may be imposed on it by the public authorities.

9.2. Transport and customs clearance times

The departure and arrival dates and customs clearance dates communicated by MOVIIU to the Customer are given for information only. MOVIIU makes every effort to meet these deadlines, depending on the nature and hazards of each mode of transport.

If an appointment or a deadline is fixed with the Consignee for Delivery, MOVIIU will make its best efforts to respect it. MOVIIU shall not be liable for any delay due to causes beyond its control, such as unusual customs delays or unforeseen customs controls.

10 – RESERVES

If, when the Shipment is picked up, the Substitute deems it necessary, he/she may take reservations concerning the object transported, its packaging and/or its wedging. They will be indicated on the collection slip or equivalent.

In the event of damage to the item and/or its packaging on delivery, reservations must also be made. In order to be valid, reservations made on delivery must comply with the regulations in force, i.e. :

  • be dated, express, written, detailed, precise, must be supported by photographs, must relate to the item entrusted to us and must be mentioned on the bill of lading;
  • be sent to MOVIIU by e-mail to the following address: info@moviiu.com within seventy-two (72) hours of Delivery with the words “urgent – reservations” in the subject line of the e-mail, enclosing if possible and if already done, the declaration sent to the carrier.

The Order Giver, if it is not the Consignee, shall ensure that the Consignee expresses any reservations in accordance with the regulations and brings them to the attention of MOVIIU, in the same manner and within the same time limits indicated above.

The Customer undertakes to keep the transported object pending MOVIIU’s instructions and, in particular, to allow the intervention of an expert charged with determining the extent and causes of the damage should this appear necessary to MOVIIU and/or the Insurer.

11 – LIABILITY

11.1. Responsibility of the Order Giver

The Order Giver is presumed to be the owner of the objects for which it places a Transport Order with MOVIIU.

The Customer is solely liable for all consequences of the absence, inadequacy or defectiveness of the packaging, wrapping, marking or labeling of the entrusted object, unless MOVIIU has expressly agreed to perform these operations at the time of the Transport Order and if the Customer has paid the Price in full.

The Customer is solely liable for all consequences of any failure to provide information concerning the transport and any failure to declare any special features of the Shipment, particularly with regard to its value and/or the covetousness it may arouse, its dangerousness or fragility.

The Customer shall be solely liable for all consequences arising from the delivery to Substitutes of illicit, prohibited or embargoed items, in violation of the General Terms and Conditions. He indemnifies the Substitutes and MOVIIU against any claim arising from non-compliance with this prohibition.

The Order Giver shall bear alone, without any recourse against MOVIIU, the consequences, whatever they may be, resulting from erroneous, incomplete, inapplicable declarations or documents (for example, if the nature of the entrusted object declared by the Order Giver does not correspond to the Shipment delivered), or provided late, including the information necessary for the transmission of any declaration required by customs regulations.

In the event of impediment to Delivery, refusal of the Shipment by the Consignee or its representative who can justify a special written power of attorney, or default by the latter for any reason whatsoever, the Price shall remain payable to MOVIIU in full by the Order Giver, who shall also be liable for any storage, return, destruction or salvage costs and more generally for all costs relating to the Shipment and to the procedures undertaken.

The Client is solely responsible in the event of non-payment of the Price to MOVIIU for any reason whatsoever. It is the sole responsibility of the Order Giver to ensure that the Prize has indeed been paid, i.e. that his account has been debited in favor of that of MOVIIU, and it is his responsibility to question MOVIIU in case of doubt.

11.2. MOVIIU’s liability for loss, damage or delay in delivery

Regardless of MOVIIU’s liability, the Customer shall refrain from unilaterally offsetting the amount of the alleged damages against the Price.

11.2.1. Substitute’s liability

MOVIIU’s liability in its capacity as freight forwarder and guarantor of Substitutes is limited to that incurred by the Substitute in connection with the Shipment.

When the indemnity limits for Substitutes are not known or do not result from mandatory legal or regulatory provisions, they are deemed to be identical to those relating to MOVIIU’s personal liability as set out in article 11.2.3 of the General Terms and Conditions.

In the event that the Shipment is not packaged by MOVIIU, and it is not possible for Substitutes to check the quantity, condition, wedging and/or packaging of the Shipment prior to collection, MOVIIU may only be held liable if it is shown that the damage occurred during transport and is not related to the quality of the packaging or wedging. In any event, the limitation of liability in article 11.2.3 shall apply.

11.2.2. Liability as a customs representative

When MOVIIU acts as a customs representative, whether it carries out the customs service itself or subcontracts it to its territorially competent partners, it can only be held liable in the event of proven fault, within the time limit specified in article 16 of the General Terms and Conditions and subject to the limits and conditions set out in articles 11.2.3 and 11.2.4.

11.2.3. MOVIIU’s personal liability

In all cases where MOVIIU’s personal liability is engaged, for whatever reason and in whatever capacity, it is strictly limited:

  • proven, direct and foreseeable damage at the time of acceptance of the Transport Order;
  • for loss or damage to the objects to be transported, and for any consequences that may result:
  • except when the Shipment is transported solely by road, in accordance with the Montreal Convention or the Warsaw Convention, whichever is applicable, or in the absence of the applicability of such a convention, at the lower of (i) the current market value and the declared value, or (ii) 22 SDR per kilogram (approximately US$ 30.00 per kilogram), with a maximum of CHF 1,000 per package;
  • when the Shipment is transported solely by road, when the Shipment is transported cross-border by road, in accordance with the Convention on the Contract for the International Carriage of Goods by Road (CMR), at the lower of the current market value and the declared value, or (ii) 8.33 SDR per kilogram (approximately 11.00 US $ per kilogram), with a maximum of CHF 1,000 per package.

If the Customer considers that these limits are insufficient, he must make a special declaration of value and take out insurance in accordance with article 6 of the General Terms and Conditions, or with his own insurance company.

11.2.4. Exclusion of liability of MOVIIU

MOVIIU and its Substitutes are not responsible:

  • damage other than material damage, direct and foreseeable at the time of the Transport Order;
  • wear and tear prior to taking charge of the Shipment ;
  • when the packaging and/or wrapping of the object to be transported has been carried out by the Customer or anyone other than MOVIIU on the Customer’s instructions;
  • when the Shipment or the contents of the Shipment do not correspond to the description provided by the Order Giver via the Site (whether in the event of damage or in the event of customs control) and/or when the Order Giver and/or the Recipient have not allowed an expert mandated by MOVIIU and/or the Insurer to intervene after the entrusted object has been declared damaged and/or lost.

All claims must be made in writing and submitted to MOVIIU within 5 (five) days of the date of Delivery, failing which MOVIIU shall not be held liable.

Claims are limited to one claim per Shipment, and settlement of such claim shall constitute final settlement of any loss or damage in connection with such claim.

11.2.5. Cost of returning the Shipment

Any costs incurred for the return of the Shipment are always borne by the Customer, even in the event of damage, unless covered by the Insurer.

The Prize is forfeited to MOVIIU, even in the event of loss or damage to the object(s) entrusted.

11.3 Responsibility of MOVIIU for the operation of the Site

A number of factors beyond MOVIIU’s control may affect exchanges between MOVIIU and the Order Giver and the operation of the Site.
 MOVIIU is not responsible for these factors and may be required to interrupt its services for reasons of maintenance of the Site or to experience technical difficulties relating to the operation of the Site, without being held liable in any way.

In these cases only, and if the Customer urgently needs to obtain a quote or place a Transport Order, he/she may immediately send an e-mail to info@moviiu.com, mentioning “urgent order / site malfunctioning” in the subject line.

For damage resulting from a malfunction of the Site attributable to a personal and proven fault of MOVIIU, the compensation due by MOVIIU is strictly limited to the Price (excluding taxes) paid by the Customer in relation to the Shipment concerned by the damage, and in any event capped at €100.

12 – CONTRACTUAL LIEN AND PRIVILEGE

Regardless of the capacity in which MOVIIU intervenes, the Order Giver expressly acknowledges a contractual right of pledge carrying with it an unconditional and permanent general right of retention and preference over all objects, values and documents in the possession of MOVIIU and/or its Substitutes, as security for the Price and reimbursement of costs advanced by MOVIIU on behalf of the Order Giver, even prior to or unrelated to the operations carried out with regard to the objects, values and documents actually in its hands.

MOVIIU’s preferential claim includes, along with the principal, interest, commissions, incidental expenses and all sums due to MOVIIU.

For any claim resulting from the Services performed by MOVIIU, and if the Customer fails to pay the Price within the time limit set, under threat of sale of the objects entrusted to MOVIIU, at the last address communicated by the Customer, MOVIIU is free to sell the said objects at best, without further formality, at its own discretion (sale by mutual agreement or by public auction).

In the event of minimal value, MOVIIU is entitled to destroy the said items.

13 – PRESCRIPTION

Any legal action relating to the Service, including all those relating to customs operations, shall be time-barred within one year of the occurrence of the event or its knowledge by the Customer.

14 – DATA COLLECTION

MOVIIU collects a number of personal data concerning the User, the Order Giver and the Recipient via the Site, during the creation of the User Account, Transport Orders and exchanges by email or telephone (hereinafter, the “*Data*”).

In particular, Data is collected in order to respond to requests for quotations, to process Transport Orders, for statistical and advertising purposes, and to keep Users informed of our offers and news, on the basis of the performance of a contract binding the parties or on the basis of the User’s explicit consent.

When Data are mandatory to access MOVIIU services, MOVIIU will indicate this mandatory nature at the time of entry.

Data is collected and processed in compliance with the “Regulations”.)

In certain situations, MOVIIU will be qualified as a data controller, joint data controller or subcontractor.

The recipients of the Data are MOVIIU’s internal departments, other companies in the group to which it belongs, Substitutes, its subcontractors and, in some cases, its commercial partners. The Data may also be disclosed in application of a law, regulation or by virtue of a decision by a competent public or judicial authority or, if necessary, for the purposes of MOVIIU preserving its rights and interests.

Data is kept for a period that does not exceed the purposes for which it was collected.

In accordance with the Regulations, Users, Order Givers and Recipients have :

  • a right of access, rectification, deletion, limitation, portability and opposition to the Data which they may exercise in compliance with the Regulations with MOVIIU either via the Site (or for Recipients only, by e-mail to info@moviiu.com);
  • the right to lodge a complaint with the competent supervisory authority if it is felt that their rights have not been respected.

For security reasons and to avoid fraud, all requests must mention the origin of the collection and be accompanied by proof of identity.

Users, Clients and Recipients may receive commercial offers from MOVIIU or its partners. If you do not wish to receive them, simply click on the unsubscribe link included in said communications or send an e-mail to info@moviiu.com.

Full details of MOVIIU’s data management and confidentiality practices can be found in MOVIIU’s Privacy Policy, available at https://moviiu.com/politique-de-confidentialite/ (http://www.moviiu.com/fr/donnees/).

15 – SITE CONTENT

All trademarks, photographs, texts, comments, illustrations, images (animated or not), video sequences, sounds, as well as all computer applications that may be used to operate the Site and more generally all elements reproduced or used on the Site are the full and entire property of MOVIIU or its partners.

Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of MOVIIU, is strictly prohibited.

The fact that MOVIIU does not initiate proceedings as soon as it becomes aware of such unauthorized use does not constitute acceptance of said use and waiver of prosecution.

16 – CANCELLATION – INVALIDITY

Should any of the provisions of the General Terms and Conditions be declared null and void or deemed unwritten, all other provisions shall remain applicable.

17 – CLAIMS

In the event of disagreement, MOVIIU is at the User’s or Order Giver’s disposal to seek an amicable solution

18 – JURISDICTION CLAUSE AND APPLICABLE LAW

All communications from MOVIIU to the Order Giver are sent to the address communicated by the Order Giver via the Site.

In the event of litigation or dispute, the competent courts are the courts of MOVIIU’s registered office, i.e. the ordinary civil courts of Geneva.

Any dispute arising out of or in connection with these General Terms and Conditions shall be governed exclusively by Swiss law, whether such dispute is based on contract, tort or any other provision.

The application of the 1980 United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

In the event of any discrepancy between the French version of the General Terms and Conditions and a foreign language version, the French version shall prevail and prevail.

Insurance Fine Art