Further statutory limitations of liability and exemptions from liability remain unaffected by these General Terms and Conditions and apply without exception in addition to them.

(4) KAYA shall be liable for exceeding the delivery period for shipments within Germany limited to three times the freight (transport costs), unless mandatory international law prescribes a different limitation.

The claim shall expire if the entitled party does not notify KAYA of the damage caused by the delay in writing within 21 days of delivery. Timely dispatch shall suffice. Mandatory international law may deviate from this exclusion period.

(5) Liability for financial losses not resulting from damage to or loss of the transported goods or from exceeding the delivery period shall only be assumed by KAYA, its vicarious agents or its legal representatives in cases of intent or gross negligence. KAYA shall be liable for damage to life, limb and health regardless of the degree of fault. If KAYA is liable for other damages that have not been caused by damage, loss, or exceeding the delivery period and if these are not property damage or personal injury, this liability shall be limited to three times the amount that KAYA would have to pay in the event of loss. Unless the subcontractor used is liable to a lesser extent, in which case KAYA shall be liable in the same way as the subcontractor used. These damages are also limited to those typical for the contract and specific to the risk.

(6) The above limitations and exclusions of liability shall not apply if the damage is attributable to an act or omission committed by KAYA or the selected contractor intentionally or recklessly and in the knowledge that damage was likely to occur. Irrespective of this, liability in international air transport is conclusively limited by Art. 22 of the Montreal Convention. Art. 25 of the Montreal Convention is excluded. Clause 27 ADSp does not apply.

(7) Even if the customer is not at fault, the customer shall KAYA or third parties for any damage and expenses incurred as a result of insufficient packaging or labeling, incorrect or incomplete information in the consignment note, failure to notify the dangerous nature of the goods, or missing, incomplete, or incorrect documents and accompanying papers for customs clearance/official handling.

The customer shall be liable in particular, but not exclusively, for any damage incurred by KAYA or third parties as a result of the transport of prohibited goods or the breach of its obligations in accordance with the provisions of these General Terms and Conditions or the transport conditions of the transport company selected by the customer, if applicable. The above liability of the customer also extends to all transport costs, storage and other additional costs, customs duties and taxes incurred by KAYA for the transport service or incurred by KAYA in the interest of the sender or the recipient or a third party, as well as for the indemnification or reimbursement of all claims, damages, administrative penalties, and costs incurred because the shipment is justifiably excluded from transport. The customer shall indemnify KAYA in full against all claims asserted by third parties upon first request.

X. Insurance cover for goods in transit

(1) KAYA's liability is limited in amount. At the customer's request, KAYA will insure the shipment against loss or damage in return for payment of an additional fee (insurance premium). The sum insured may not exceed EUR 50,000.00. Insurance for goods values exceeding the aforementioned amount must be agreed with KAYA in writing prior to the commencement of risk (= commencement of transport), including premiums, conditions, security agreements, and other risk requirements.

The transport insurance is taken out by KAYA in the interest of the customer with KRAVAG LOGISTIC Versicherung AG, Voltastraße 84, 60486 Frankfurt. This is insurance for the account of a third party.

(2) Uninsurable (=excluded) risks are as specified in the insurance conditions

a) Risks of war, civil war or warlike events and those arising independently of a state of war from the hostile use of weapons of war or from the existence of weapons of war as a consequence of one of these risks;

b) risks of strikes, lockouts, labor unrest, terrorist or political acts of violence, regardless of the number of persons involved, riots, and other civil unrest;

c) risks arising from seizure, confiscation or other acts of public authority;

d) risks arising from the use of chemical, biological, biochemical substances or electromagnetic waves as weapons with a dangerous effect on the public, regardless of other contributing causes;

e) risks arising from nuclear energy or other ionizing radiation;

f) risks of insolvency and default of payment by the shipowner, charterer or operator of the ship or other financial disputes with the aforementioned parties, unless

• the policyholder proves that he has selected the aforementioned parties or the commissioned freight forwarder with the care of a prudent businessman;

• the policyholder or insured party is the buyer and, according to the terms of the purchase contract, had no influence on the selection of the persons involved in the transport.

 

(3) The following goods are not insurable in accordance with the insurance conditions (goods group D):

• Jewelry

• Documents

• Drugs (in accordance with the Narcotics Act)

• Real pearls

• Precious metals

• Precious stones

• Items made of precious metals and precious stones

• Money in coins and notes

• Jewelry

• Checks, credit cards

• Valid telephone cards

• Documents

• Securities of all kinds

• Outer packaging

 

(4) Upon agreement prior to the commencement of risk and with the written consent of KAYA, the following goods may be insured (goods group C of the insurance conditions):

• Alcohol (uncustomed),

• Plant engineering,

• Antiques,

• Cotton (sea transport),

• Damaged goods,

• Chemicals (sea transport),

• Personal effects,

• Explosive goods,

• Fibrous materials,

• Fresh fruit/vegetables,

• Spices,

• Carbohydrates,

• Works of art,

• Bulk goods in tankers and bulk carriers,

• Ammunition,

• Nuts,

• Plants (living),

• Radioactive substances,

• Raw coffee,

• raw cocoa,

• cut flowers,

• heavy goods (large/heavy goods transport),

• spirits (uncustomed),

• steel products (sea transport),

• animals (live),

• watches,

• removal goods,

• unpackaged goods,

• weapons,

• sugar (sea transport).

 

The insurability of these goods does not constitute an amendment to Clause V. Prohibited goods and exclusions from carriage.

(5) In particular, the insurance cover does not include damage caused by

a) a delay in the voyage;

b) internal spoilage or the natural condition of the goods;

c) customary differences or losses in quantity, dimensions, or weight;

d) normal humidity or normal temperature fluctuations;

e) packaging that is not suitable for the intended use or improper loading or intentional causing of the damage by the customer.

(6) KAYA is entitled to provide the insurer with the information and data necessary for the processing of the claim within the scope of the insurance.

XI. Data protection

Data protection is a matter of trust, and your trust is important to us. We respect your privacy and personal sphere. The protection and lawful collection, processing, and use of your personal data is therefore an important concern for us. To ensure that you feel secure when visiting our website, we strictly adhere to the statutory provisions when processing your personal data and would like to inform you here about our data collection and data use.

XII. Miscellaneous provisions

(1) Offsetting or retention against claims by KAYA is only permitted with counterclaims that are due, undisputed, ready for decision, or legally established.

(2) The customer may neither assign nor pledge claims against KAYA; this does not apply to monetary claims.

(3) Unless otherwise required by law, the exclusive place of jurisdiction for legal disputes with merchants, legal entities under public law or special funds under public law arising from contracts subject to these General Terms and Conditions is Cologne; The same applies if the customer is not domiciled in the Federal Republic of Germany when placing the order with KAYA. German law applies to the exclusion of the United Nations Convention on the International Sale of Goods (CISG).

(4) If any provision of these General Terms and Conditions is wholly or partially invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose pursued by the parties with the invalid provision.

2. GENERAL TERMS AND CONDITIONS OF KAYA SAS

PRELIMINARY REMARK - GENERAL PROVISIONS

The services provided by KAYA SAS are subject to the provisions of Articles L.132-5 et seq. of the French Commercial Code and the model contract for transport brokerage (Decree No. 2013-293 of April 5, 2013).

These General Terms and Conditions apply to all services and operations provided by KAYA SAS (a simplified joint-stock company with a share capital of €50,000, whose registered office is located at 54-56 Avenue Hoche, 75008 Paris, France, and registered under number 935 072 884 RCS Paris) and agreed upon via the website www.kaya-international.com (hereinafter referred to as the “Website”). Unless otherwise agreed, any commitment, transport or operation entrusted by the Customer to KAYA SAS constitutes acceptance of the following terms and conditions:

All logistics and transport brokerage operations pursuant to Article L.1432-9 are subject to Decree No. 2013-293 of April 5, 2013.

All transport of tangible goods, unless subject to a specific standard contract, is subject to the General Standard Contract approved by Decree No. 2017-461 of March 31, 2017.

ARTICLE 1 - PURPOSE AND DEFINITIONS

The purpose of this document is to define the terms and conditions under which KAYA SAS, in any capacity (agent, carrier, freight forwarder, etc.), performs activities and services related to the physical transport of goods of all kinds, from any origin to any destination, at a freely agreed price that ensures reasonable remuneration for the services provided, both domestically and abroad.

These General Terms and Conditions shall enter into force on the date of their publication on the website and shall become binding upon acceptance of the first order placed by the customer. They shall remain in force until replaced by new General Terms and Conditions, which shall be accessible and downloadable from the website at any time.

Any commitment or transaction with KAYA SAS implies the customer's unconditional acceptance of the terms and conditions defined herein.

Regardless of the method of transport used, these terms and conditions govern the relationship between the customer and KAYA SAS.

KAYA SAS shall provide the requested services under the conditions set out in particular in Article 2 below.

No other general or specific conditions of the customer may override these terms and conditions unless KAYA SAS formally accepts them.

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

CLIENT / CUSTOMER / USER: Refers to the party that commissions the transport and/or logistics company to provide the service, usually the customer or user.

TRANSPORT AND LOGISTICS COMPANY (TLO): “TLO” refers to any entity (agent, freight forwarder, logistics service provider, transport broker, warehouse keeper, carrier, etc.) that enters into a contract of carriage with a carrier to perform part or all of the transport, or that outsources logistics services to a subcontractor if it does not provide these services itself.

TRANSPORT BROKER: Refers to any service provider who, in accordance with Article L.132-1 of the French Commercial Code (Code de commerce), organizes and ensures the performance of a transport operation under its responsibility and in its own name, using the means and methods of its choice on behalf of a client.

LOGISTICS PROVIDER: Refers to any service provider who, under its responsibility and in its own name, organizes, performs, or has performed operations related to the management of the physical flow of goods and the associated documentation and information flow in accordance with Article L.132-1 of the French Commercial Code.

CARRIER: Refers to the specialist who has concluded the original transport contract with the customer or the transport broker.

SHIPMENT: Refers to a group of goods, packaged (e.g., pallets, containers) or unpackaged, which are made available to the TLO and documented under the same title for a single shipment.

PACKAGE: Refers to an item or a material unit consisting of several items, regardless of their weight, dimensions, or volume, which form a single loading unit handed over to the TLO (box, crate, container, bundle, roll, strapped or shrink-wrapped pallet prepared by the sender, etc.), which has been conditioned by the sender prior to collection, even if its contents are listed in the delivery document.

The website provides a comparison tool that allows the client to compare the offers of several transport companies based on various criteria (without any claim to completeness). The transport companies enter into direct partnership agreements with KAYA SAS in order to publish their offers on the website. Therefore, the offers on the website do not represent all providers available on the market.

The website is remunerated via a margin that does not influence the ranking of the offers on the website, as described below. Apart from the exceptions listed below, KAYA SAS does not hold any shares in the partner companies whose offers are compared on the website, nor do any partner companies hold shares in KAYA SAS.

The website uses complex and dynamic algorithms to present transport service offers in an efficient manner. The offers are updated on an ongoing basis. When the client submits a comparison request, the website queries the servers of the partner companies in real time to ensure that the offers being compared reflect the current pricing policy of the companies in question.

In the event of non-renewal of the partnership agreement or failure to fulfill legal or contractual obligations, including illegal or inaccurate offers, carriers may be removed from the list.

ARTICLE 2 - OFFERS - PRICES - ESTIMATES

Offers are based on current rates, regulations, and agreements and may be changed or even suspended without prior notice in the event of changes to these rates, regulations, and conditions, traffic disruptions on the planned routes, force majeure, or other unforeseeable circumstances.

The prices quoted are only valid if the transport is carried out in accordance with the instructions to be given in advance.

Prices are calculated automatically using algorithms that take into account, in particular, the type of transport chosen by the user (e.g., the cheapest, the fastest), the type of shipment (e.g., express, standard), the weight or dimensions of the package, and the distance between the pickup and delivery addresses. They include KAYA SAS's remuneration for the service.

The order price is indicated in euros, including all applicable taxes, but excluding any additional customs charges or specific packaging fees.

Where applicable, the price includes the cost of the value insurance taken out by the company at the user's request.

KAYA SAS and the carrier may charge the user additional costs and fees if they have made a mistake, in particular with regard to the information provided about the package when the order was placed, as well as with regard to any customs duties and taxes. These additional costs may be charged to the user directly via the payment method specified when placing the order. These additional costs may be charged to the user directly via the payment method specified when placing the order or paid by bank transfer or PayPal within 7 days of receipt of the invoice. By accepting these General Terms and Conditions, the user expressly agrees to these costs.

The prices quoted by KAYA SAS are valid for a maximum period of 7 days from the date of the offer.

2-1 - INSTRUCTIONS - INFORMATION PROVIDED BY THE CUSTOMER

The services provided are those defined and agreed with the client and specified in the online form created by KAYA SAS.

The contract is based on the information provided by the client in good time to enable the requested service to be organized properly, including the type, quantity, and significance of the goods and materials to be handled and transported.

The transport contract between the parties is concluded exclusively via the forms and procedures on the website, unless the parties agree otherwise. By entering the complete details of their order in the form provided and confirming this on the website, the client submits a legally binding offer to KAYA SAS to conclude the transport contract on the basis of the details entered. The transport contract is concluded when KAYA SAS accepts the offer and sends a confirmation to the customer by email.

By concluding the transport contract, the customer accepts any route as well as any changes or stopovers.

KAYA SAS is not obliged to check the documents and information provided by the customer (e.g., commercial invoices, packing lists).

The name of the loading and delivery location as well as the conditions and state of access to the site for personnel and vehicles (e.g., parking facilities, official permits, corridors, doors, stairs, elevators, ongoing construction work, and other special features) must be communicated.

The registration of items subject to special transport regulations and administrative formalities is the responsibility of the client, unless a special agreement has been made.

Complete instructions must be given for each operation; general and standing instructions are not permitted.

KAYA SAS is not obliged to check the information provided by the client or the weights and/or dimensions specified by the client.

KAYA SAS is entitled, but not obliged, to perform the following actions on behalf of the customer based on the information provided:

a) completing the bill of lading,

b) adding relevant information for the shipment,

c) paying the necessary taxes and duties in accordance with the applicable laws,

d) acting as a transit agent for the customer for customs purposes in the case of export,

e) act as the consignee upon import and only appoint a customs agent for registration and clearance, and

f) redirect the shipment to the consignee's authorized import agent or to another address based on instructions from a person whom KAYA SAS or the transport company chosen by the customer deems authorized.

The client also assumes responsibility if its instructions lead to violations on the part of KAYA SAS, or if the declarations or documents provided by it are incomplete or incorrect, whether in terms of quality or quantity, or if they are submitted late. Acceptance of the goods by a driver of the contracted transport company does not constitute acknowledgment of the conformity of the goods with the General Terms and Conditions. KAYA SAS reserves the right to refuse a shipment at any time and to refuse to provide the service if there are valid reasons for doing so. Such reasons include, but are not limited to:

a) missing or insufficient packaging,

b) exceeding the dimensions or weight of the shipment specified in the order, or

c) exclusion of the shipment from transport for other reasons.

If any of the above actions are taken without the knowledge of KAYA SAS, KAYA SAS shall be completely exempt from liability and the client may be held liable if necessary.

2-2 - PRINTING THE SHIPPING LABEL

In order for the carrier to transport the package, the user must print the shipping label issued by the carrier and provided by KAYA SAS and affix it to the package in such a way that it is clearly legible to the carrier.

The user acknowledges that they are responsible for any consequences resulting from errors in printing the shipping label or from a poorly affixed, illegible, or unclear label.

The shipping label shall contain, where applicable, the carrier's information regarding the pickup and delivery dates and locations for the package. The user undertakes to comply with these conditions, failing which the package cannot be transported by the carrier in accordance with the order.

2-3 - CANCELLATION OR CHANGE OF ORDER

Within a period of 7 days from the date of placing the order, the user may request the cancellation or modification of their order, provided that they meet the following cumulative conditions:

a) The order was placed less than 7 days ago;

b) Compliance with the cancellation or modification conditions as set out in the general terms and conditions of the transport company chosen by the user;

c) The collection of the package by the transport company, as indicated on the shipping label, is scheduled for at least 24 (twenty-four) hours after the submission of the cancellation or modification request by the user.

The user acknowledges that no cancellation or change resulting in a refund can be made if the collection of the package by the carrier is scheduled within 24 (twenty-four) hours of the cancellation or change request being submitted.

If the 24-hour period begins on a non-working day, the cancellation or change request must be submitted on the last working day before the deadline, taking into account the fees charged by the carrier.

To request the cancellation or change of an order, the user must complete the questionnaire available in the Help Center of the website.

2-4 - COOPERATION OBLIGATIONS OF THE CUSTOMER

After concluding the contract, the customer must ensure that the packaging is suitable for the chosen mode of transport and that the goods are properly packaged and ready for collection or shipment at the designated drop-off point or collection point. The packaging must meet the requirements of the chosen mode of transport and its typical restrictions. In the case of fragile goods, the packaging must take into account their fragility. Fragile items must be packed with particular care, leaving a minimum distance of 50 millimeters between the item and the inner walls of the packaging. For packaging containing several items, dividers must be used to prevent the contents from slipping. Complaints will not be accepted if damage is due to inadequate packaging.

KAYA SAS recommends that shipments which require special handling due to their size, sensitivity to damage or for other reasons are not sent as groupage shipments but as direct transport. KAYA SAS will only accept handling instructions for groupage shipments if these have been communicated at the time of conclusion of the transport contract and confirmed by KAYA SAS.

In the event of non-compliance, KAYA SAS reserves the right to charge additional costs or fees if the transport is nevertheless carried out. KAYA SAS points out that in the event of deviations from the agreed specifications in terms of quantity, weight, or dimensions, the fees may be significantly higher than the originally agreed rate, as a different rate may apply. The customer should expect significant additional costs in the event of deviations. The costs will be calculated via the KAYA SAS website.

If the declared value of the shipment is incorrect when a value declaration is required, KAYA SAS shall not be liable for any resulting damage, costs, or losses. If the value of the shipment exceeds certain limits, particularly in the case of international shipments, delivery delays may occur due to longer customs clearance times. KAYA SAS advises against shipments whose value exceeds the maximum coverage limit of optional insurance.

The shipment handed over to the driver must correspond to the shipment ordered. Acceptance of a shipment that does not correspond to the original order does not mean that the shipment is considered to be in accordance with the contract. The client is liable if the shipment does not comply with the General Terms and Conditions of KAYA SAS or the transport conditions of the selected transport company, if applicable. If the shipment needs to be overhauled for complete transport, the client must reimburse KAYA SAS for the costs and fees incurred.

The shipment must comply with all applicable legal and regulatory provisions for the transport of goods by land, sea, or air. The client is responsible for ensuring that the shipment complies with applicable laws and regulations. Any damage, fines, or additional costs resulting from the violation of these regulations shall be borne by the client, and KAYA SAS shall be indemnified against any liability in this regard.

In the event of externally visible damage or loss of the goods transported, the client or recipient must report the damage to the carrier upon delivery and inform KAYA SAS immediately in writing (an email is sufficient). Otherwise, it will be assumed that the goods were delivered complete and in good condition. In the event of loss or damage that is not externally visible, this assumption shall apply if the customer or recipient does not report the loss or damage within three days of delivery by registered letter with return receipt.

The customer acknowledges that KAYA SAS is not liable for any damage or costs resulting from the customer's failure to fulfill their obligations to cooperate. Such damage and costs include, but are not limited to, transport costs, freight monitoring (including emergency, operating, and fuel surcharges), storage fees, taxes, interest, fines, administrative fees, penalties, customs duties, and insurance premiums.

2-5 - TRANSPORTATION

The client is responsible for informing the recipient of the transported goods that they must check the completeness of the goods and note any visible damage, in particular to the outside of the shipment. Visible damage must be noted on the delivery note at the time of delivery or documented by the driver.

KAYA SAS may charge the customer €8.00 (including VAT) for each failed collection attempt by the carrier at the designated collection point within the contractual time frame. This also applies if the shipment is rightly refused by the transport company chosen by the customer for reasons for which the customer is responsible.

Reserved pickup dates are not guaranteed and are only an estimate of the pickup date and time. The same applies to scheduled delivery dates. Delivery dates are only considered confirmed if the customer has purchased a tariff with a guaranteed delivery time option and KAYA SAS has been provided with all necessary information and documents in good time and all agreed payments have been made.

Deliveries can only be made to complete and correct postal addresses (with name, street, house number, additional address details if applicable, postcode, city, and country), not to PO boxes, parcel lockers, or similar locations. If the customer has not provided a complete and correct postal address when placing the order, KAYA SAS shall not be liable for any delays or returns caused by this problem, and the shipping costs shall not be refunded for this reason. All return costs incurred as a result of an incomplete or incorrect address will be charged to the customer after invoicing by KAYA SAS. Transport costs will be calculated via the KAYA SAS website.

For international shipments, the customer is responsible for informing themselves of all laws, regulations, and requirements of the destination country and any country involved in the transport and for ensuring compliance with these regulations. The same applies to compliance with all applicable sanctions, including those imposed by the US government, regardless of whether they are part of a unilateral territorial list or coordinated with sanctions imposed by other countries. KAYA SAS does not transport shipments that violate export control laws or that are restricted or prohibited by economic sanctions and embargo laws. Furthermore, KAYA SAS will not transport shipments if the sender or any party involved is on the US Department of Commerce's list of prohibited persons or on restricted sanctions lists maintained by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury, the Bureau of Industry and Security (BIS) of the US Department of Commerce, the Directorate of Defense Trade Controls of the US Department of State, the sanctions committees of the United Nations, the Council of the European Union or any other competent authority. These include, but are not limited to, the Specially Designated Nationals and Blocked Persons List, the Entity List, and the Denied Persons List.

The payment of customs duties, taxes, fines, and other fees that may be incurred in the countries involved in the transport is not included in the service provided by KAYA SAS. It is the sole responsibility of the customer to obtain information about the taxes, fees, and customs duties associated with the delivery and to pay them in a timely manner, if applicable. Otherwise, the shipment may be returned at the customer's expense or seized by customs or other authorities. The customer must compensate KAYA SAS for all costs, including fines and penalties, incurred as a result of non-compliance with customs laws, export controls, imposed sanctions, storage, destruction of the shipment, or measures taken by KAYA SAS to comply with applicable regulations.

If an export declaration is required for cross-border transport, it is generally the customer's responsibility to obtain this. The customer may ask KAYA SAS to obtain the documents required for export if the shipment originates in France. KAYA SAS offers this additional service via its website. In this case, the customer must provide KAYA SAS with all necessary information and documents to comply with the laws and regulations applicable in all countries involved in the transport. The customer must ensure that the export documents are clearly visible and enclosed with the shipment in triplicate. KAYA SAS or, where applicable, the transport company selected by the customer must be informed of the need for a permit and the content of this permit before the start of transport (only insofar as this information is relevant to the execution of the transport contract).

If an item has to be returned from the country of delivery, the import fees corresponding to the shipment will be payable. These fees may exceed the fees paid for the export of the goods and shall be borne by the customer who ordered the transport, together with the return costs. All these additional fees must be paid by the customer to KAYA SAS after invoicing. In such cases, or in the event of seizure by customs or another authority, reimbursement of transport costs by KAYA SAS and/or any claims against KAYA SAS are excluded. Any transport insurance taken out shall not apply in such cases. The customer bears the risk of loss or damage.

2-6 - REFUSAL OR FAILURE OF THE RECIPIENT

Unless otherwise agreed or specified in the transport conditions of the transport company chosen by the customer, delivery of the goods shall be completed upon handover to the recipient against signature and corresponding confirmation of receipt.

If the recipient refuses to accept the goods or does not accept them for any reason, all initial and additional costs incurred for the transport of the goods shall be borne by the customer.

2-7 - ADDITIONAL SERVICES

Any additional services provided and indicated on the transport document will be invoiced separately, without the need for a new review of the cost estimate with the customer.

ARTICLE 3 - LIABILITY AND LIMITATION OF COMPENSATION

Cost estimates are prepared taking into account the limits of compensation.

KAYA SAS cannot be held liable for intangible damage, economic losses, or immaterial damage.

CLAIMS UPON DELIVERY In the event of loss, damage, or other impairment of the package, or in the event of delay, the recipient must make specific and detailed reservations upon delivery. Only reservations made upon delivery shall give rise to a presumption of liability on the part of the carrier. If no reservations are made, the user must provide proof of both the existence of damage upon delivery and that this damage occurred during transport by the carrier.

LIABILITY FOR PERSONAL ACTIONS

In all cases where KAYA SAS is held liable for any reason whatsoever, its liability shall be strictly limited to compensation for the loss or damage resulting from the loss or damage to the goods, to the exclusion of all other damages and interest.

The compensation that may be claimed from KAYA SAS shall in no case exceed the amount provided for in the applicable international conventions, laws, tariffs, or regulations for the shipment in question, or otherwise €10 per kilogram with a maximum of €250 per lost, damaged, or stolen package, regardless of its nature, weight, volume or dimensions, and may not exceed €5,000 per shipment.

In the event of a delay, compensation for proven damage caused by the delay may not exceed the amount payable in the event of total loss or the transport costs, whichever is lower.

In all circumstances and subsidiarily, the compensation limits set out in the Contrat Type Commission de transport (Décret n° 2013-293 du 5 avril 2013) shall apply, including for services provided abroad.

KAYA SAS shall not be liable if the item transported does not comply with the transport order, these General Terms and Conditions or, where applicable, the carrier's conditions of carriage. This applies in particular to the transport of goods that are prohibited under these General Terms and Conditions or the conditions of the transport company. This exclusion shall also apply if:

• KAYA SAS carries out the transport despite the possibility of refusal,

• the damage is caused by inadequate packaging or labeling,

• the damage is due to an unavoidable event (e.g., strike, war, embargo, sovereign measures), or

• the damage is limited to the packaging (including suitcases and flight cases). The statutory limitations and exclusions of liability remain unchanged within the scope of these General Terms and Conditions and apply without exception.

LIABILITY OF COMPANIES

• Domestic transport The compensation limits specified in standard contracts apply to the respective service.

• International transport: The compensation limits provided for in international regulations apply to the service in question.

 

Offers are prepared taking into account the above contractual and statutory compensation limits.

CUSTOMER'S OBLIGATIONS TO PAY COMPENSATION

The customer shall compensate KAYA SAS or third parties for any damage and costs resulting from insufficient packaging or labeling, incorrect or incomplete information on the consignment note, even if the customer is not at fault, from failure to declare the dangerous nature of the goods to customs, or from the absence, incompleteness, or inaccuracy of customs documents.

The customer shall be liable in particular, but not exclusively, for damage caused to KAYA SAS or third parties by the transport of prohibited goods or by breaches of the obligations arising from these General Terms and Conditions or, where applicable, the terms and conditions of the selected transport company.

This liability also extends to all transport, storage, and other additional costs, customs duties and taxes incurred for the transport service provided by KAYA SAS or borne by KAYA SAS in the interest of the sender, the recipient or a third party, as well as all compensation or reimbursements in connection with claims, damages, administrative penalties and costs resulting from the lawful exclusion of the shipment from transport.

In this respect, the customer must fully indemnify KAYA SAS for all third-party claims upon first request.

ARTICLE 4 - DECLARATION OF VALUE - INSURANCE - COMPENSATION

The customer shall bear sole responsibility for the consequences of incorrect, inaccurate, incomplete, or unsuitable declarations or documents, whether in terms of quantity or quality, or those submitted to KAYA SAS too late.

No claims may be made against KAYA SAS for intangible damage, intangible losses, or economic disadvantages.

4.1 - However, the client may obtain higher coverage for goods exceeding the above limits by submitting a written request for special insurance to KAYA SAS in advance, at the time of placing the order. This coverage shall be proportional to the value to be insured, with the premium amounts being invoiced as additional costs.

4.2 - Insurance shall only be taken out if a written order specifying the risks to be insured is received for each shipment. As KAYA SAS acts solely as an intermediary, it shall not be jointly liable with the insurers.

GENERAL INSURANCE TERMS AND CONDITIONS

JUMiNGO offers insurance coverage for transported goods, limited to a maximum amount of €10,000 per shipment. Higher coverage may be negotiated upon written request prior to the start of transport, subject to a special agreement on premiums, conditions, and security requirements.

The insurance policy is taken out with the insurance broker COSTE FERMON in the interest of the client. The special conditions are set out in these General Terms and Conditions.

SPECIAL EXCLUSIONS FROM INSURANCE

• The following risks are not covered by the terms of the insurance policy

• War, civil war, acts of war or the use of weapons of war.

• Terrorist acts, strikes, riots, or civil unrest.

• Seizures, confiscations, or interventions by government authorities.

• Use of chemical, biological, or nuclear weapons.

• Risks related to the insolvency or non-payment of carriers, unless reasonable care is demonstrated.

 

GOODS EXCLUDED FROM INSURANCE

The following goods cannot be insured:

• Jewelry, precious stones, or precious metals.

• Documents, checks, bank cards, or other negotiable securities.

• Drugs and regulated substances.

• Fur.

 

ITEMS SUBJECT TO SPECIAL CONDITIONS

Upon prior written agreement, the following goods may be insured under special conditions and premiums:

• Fragile items, works of art, living plants, live animals.

• Alcohol and spirits, chemicals, explosives.

• Damaged goods.

 

These conditions do not alter the specific exclusions mentioned elsewhere in these General Terms and Conditions.

DAMAGES EXCLUDED FROM INSURANCE

The following exclusions apply:

• Damage caused by delays.

• Natural deterioration of the goods (e.g., spoilage, moisture).

• Inadequate packaging or improper handling by the customer.

• Losses or discrepancies in weight, volume, or commercial dimensions.

 

MANAGEMENT OF CLAIM DATA

As part of the claims process, KAYA SAS may pass on the necessary information to the insurance broker COSTE FERMON in order to speed up the compensation procedure.

ARTICLE 5 - DANGEROUS GOODS REQUIRING A PERMIT

Dangerous (explosive, flammable, toxic, radioactive, etc.) or authorized goods within the meaning of the applicable regulations must be notified in advance in writing by the customer and require the written approval of KAYA SAS prior to transport.

If a transported item falls into the category of goods excluded from transport, it cannot be accepted, delayed, returned, or seized by customs or other competent authorities. In such cases, reimbursement of transport costs by KAYA SAS and/or any claims against KAYA SAS are excluded. Any transport insurance taken out shall not apply in such cases. The customer bears the risk of loss or damage. All additional costs associated with the return of the transport must be paid by the customer after invoicing by KAYA SAS.

ARTICLE 6 - TERMS OF PAYMENT

Our invoices are payable in full upon receipt.

Unless otherwise specified, the customer is obliged to pay KAYA SAS the full amount in advance for each service to be provided (prepaid freight).

In the event of payment terms being granted in exceptional cases, a partial payment will initially be credited to the unsecured portion of the claim.

If a single payment is not made when due, the payment terms shall be suspended without formal notice and the entire outstanding amount shall become due immediately.

If the client participates in the direct debit procedure and a direct debit submitted by KAYA SAS is rejected for reasons for which the client is responsible (e.g., insufficient funds), the client shall pay KAYA SAS an additional fee of €12.50 per rejected direct debit, unless the client can prove that KAYA SAS has incurred no or only minor damage.

The client acknowledges KAYA SAS's right to exercise a lien on the goods in its possession until payment has been made in full.

Contractual penalties for late payment: 15% per month of delay - No discounts will be granted for early payment.

A flat fee of €150 (excluding VAT) will be charged for any delay or change to an invoice requested by the customer after it has been issued.

ARTICLE 7 - JURISDICTION

Any dispute relating to the payment of invoices or the proper performance of the work entrusted to KAYA SAS shall be subject to the exclusive jurisdiction of the Commercial Court of Paris, even in the event of claims by third parties or multiple defendants.

No exception to these General Terms and Conditions may be invoked as a precedent for future transactions.

ARTICLE 8 - RECOURSE: CLAIMS & LIMITATION PERIODS

In the event of loss, damage, or any other impairment of the goods, or in the event of delay, regardless of the legal nature of the service entrusted to KAYA SAS, it is the responsibility of the client, the recipient, or the purchaser to make regular and sufficient findings, to express justified reservations, and to take all measures necessary to preserve their rights. These reservations must be confirmed in the legally prescribed forms and within the legally prescribed time limits by registered letter within a maximum of three days. Otherwise, no action for forfeiture may be taken against KAYA SAS or its subcontractors.

Any action against KAYA SAS arising from contracts with the client shall be subject to a limitation period of one year from the date of the event giving rise to the claim, regardless of the legal nature of the service provided.

ARTICLE 9 - ACCESS AND USE OF THE WEBSITE

The user acknowledges that KAYA SAS cannot guarantee uninterrupted access to the website, as this access depends on services provided by third parties. KAYA SAS's obligation with regard to access to the website is therefore to use its best efforts.

During technical maintenance work on the website, access may be temporarily interrupted.

KAYA SAS cannot therefore be held liable for any damage resulting from the unavailability of the website or from connection problems.

When using the website, the user undertakes to refrain from

• collecting or storing personal data about other users of the website;

• disrupting the functioning of the website;

• jeopardizing the security of the website;

• impersonating a third party;

• sending unsolicited emails.

 

ARTICLE 10 - INTELLECTUAL PROPERTY

All elements comprising the website, including text, images, illustrations, photos, databases, software, trademarks, trade names, logos, articles, and architecture (hereinafter referred to as “website content”) are protected by intellectual property law.

Any reproduction, use, extraction, or reuse of the content of the website, in whole or in part, without the prior written consent of KAYA SAS is prohibited and may result in legal action.

ARTICLE 11 - DATA PROTECTION

Data protection is a matter of trust, and we respect your privacy. The collection, processing, and use of your personal data are carried out in accordance with the applicable legal provisions. We hereby inform you of our data collection and use policy to enable you to browse our website securely.