Term of Service Lydia IBAN and General conditions of Use of the Card
These Terms and Conditions (T&C) are applicable as of July 30, 2020 for newly registered Customers. Customers who were already registered prior to that date are subject to this Agreement effective September 30, 2020. Previous versions are available at the following addresses :
The Holder is invited to read this Framework Agreement, which has been communicated to The holder by the Partner, before accepting it. The holder is informed that LYDIA SOLUTIONS operates under the “LYDIA” brand as a partner mandated by TREEZOR to market the Payment Services to the users as a payment services provider.
The Framework Agreement is concluded between:
The Holder, designated in the Special Conditions, is a natural person resident in a member State of the European Union or in a State party to the European Economic Area, acting on its own for non-commercial purposes.
hereinafter referred to as the "Holder", and
Treezor, a simplified joint-stock company (SAS), registered with the Paris Trade and Companies Register under the number 807 465 059 whose registered office is located at 41 rue de Prony, 75017 Paris, acting as an electronic money institution within the meaning of Article L.525-1 of the Monetary and Financial Code and approved by the Autorité de Contrôle Prudentiel et de Résolution ("ACPR"), located at 4 Place de Budapest CS 92459 75436 Paris Cedex 09 in its capacity as an electronic money institution under number 16798. This approval can be found on the ACPR website in the Registry of Financial Agents (REGAFI) www.regafi.fr.
hereinafter referred to as "the Institution" or "Treezor", and,
Lydia Solutions, a simplified joint-stock company (SAS) with a capital of 1 478 203 Euros, registered with the Paris Trade and Companies Register under number 534 479 589 whose registered office is at 14 avenue de l’Opéra, 75001 Paris, acting as payment agent for Treezor, and operating under the trade name Lydia,
hereinafter referred to as "the Partner"
hereinafter together referred to as the "Parties" or individually a “Partie”.
Application. : Mobile for natural persons not acting in the context of their professional activity allowing them to create and manage a SFPMEI Payment Account and a Treezor Payment Account, downloadable on mobile app stores.
Appendices : Refers to the appendices to the Framework Agreement.
Article : Refers to an article in the Framework Agreement.
Beneficiary : Natural or legal person acting as recipient of a Payment Transaction.
Business Day : A calendar day, with the exception of Saturdays, Sundays and public holidays in metropolitan France, on which the payment infrastructures and Banks used carry out their activities on a regular basis.
Card : Prepaid Card with Systematic authorisation card issued in the name of the Holder (or minor Cardholder), and associated with the Treezor Payment Account.
Customer account : All data associated with a User, as defined in the GCLydias.
Data Controller : A person who has determined the methods, means and purposes of processing Personal Data. Treezor and Lydia are co-responsible for processing those data.
Data Protection Officer (DPO) : The natural person delegated to the protection of personal data within the meaning of Articles 37,38, and 39 of European Regulation 2016/679 of April 27,2016.
Durable Medium : Means any instrument which enables the Holder to store the information sent to him personally to be able to access it for a period of time adequate for the purposes for which the information is intended, and which allows the identical reproduction of the information stored.
Effective date of termination : Refers to the effective date of termination by the Holder, which occurs at the end of a period of one (1) month from the date on which the Institution receives the termination request notified by the Holder in accordance with Article 10.3.
Effective date of cancellation : Refers to the effective date of cancellation, which occurs on the date of receipt of the cancellation letter by, depending on the case, the Holder or the Institution, under the conditions set out in Article 10.4.
Framework Agreement : Refers to the Framework Agreement enters into between the Holder and Treezor including the General Conditions of Use of the Card as well as the Appendices listed in the Article 1 of the Card T&C.
Force Majeure : Delay or non-performance by any of the Parties when the cause of the delay or non-performance is related to an event of Force Majeure within the meaning of Article 1218 of the Civil Code.
General Conditions or GC : This document.
General Conditions of Lydia or GC Lydia : Terms and conditions of use of the SFPMEI Payment account available on the site https://lydia-app.com/fr/about/terms-of-service.html.
Holder : Means any person holding a Treezor Payment account opened in the books of the Institution. The Holder is a natural person of legal age and capacity acting for his own account for non-professional needs, who does not have American nationality, and who is not legal or permanent resident in the United States and having signed the Framework Agreement.
Identifier : A sequence of characters used by the Holder to identify itself on the Application.
Partner : Company who is operating the Site and has been registered as payment service agent by the ACPR called Lydia , a société par actions simplifiée with a capital of EUR 1 546 417, registered with the Trade and Companies Register of Paris under the number 534 479 589 located at 14 avenue de l’Opéra, 75001 Paris. As indicated in the Lydia GC , Lydia is also mandated for the management of the SFPEMI Payment account, as Payment Service Provider Agent (“PSP Agent”) defined in Articles L 523-1 and seq. of the Monetary and Financial Code by SFPMEI.
Payer : Natural or legal person giving or authorising a Payment Order.
Payment initiation service : Service consisting in initiating a Payment Order (transfer) by a third party payment service provider, at the Holder's request, concerning his Payment Account opened in the books of the Institution.
Payment Order : Instruction transmitted a) By the payer, who gives a payment instruction to his Payment Service Provider (Payment Order by bank transfer); b) By the Payer, who gives a payment instruction through the Beneficiary who, after receiving the payment order from the payer, transmits it to the payer's Payment Service Provider, if applicable, through his own Payment Service Provider (Payment Order by card); c) by the Beneficiary, who gives a payment instruction to the payer's Payment Service Provider, based on the consent given by the payer to the Beneficiary and, if applicable, through his own Payment Service Provider (Payment Order by direct debit).
Payment services : Services defined in 2°, 3° and 5° of Article L.314-1. I of the Monetary and Financial Code provided by the Institution and the Partner to the Holder in accordance with the Framework Agreement.
Payment Transaction : The action of transferring or withdrawing funds to or from a Payment Account, irrespective of any underlying obligation between the Payer and the Beneficiary, ordered by the Payer and the Beneficiary.
Personal data : All information of a personal nature concerning a Holder or Cardholder, a natural person who is identified or may be identified, directly or indirectly, by reference to an identification number or to one or more elements specific to him.
Personalised security data : Data provided by the Institution to the Holder for authentication purposes. It includes in particular the Identifier and any other data that may be linked to the Strong Authentication procedure.
Price Conditions : Pricing conditions and limits applicable to services distributed by Lydia and available on the Site https://lydia-app.com/fr/about/price?tab=limit.
Sepa Zone : Area within which the Holder may use pan-European payment means as defined by the European Payment Council and available on the website www.europeanpaymentscouncil.euincluding in particular the Member States of the European Economic Area, including metropolitan France and the overseas departments French Guiana, Guadeloupe, Martinique, Mayotte, Saint Barthélemy, Saint Martin (French part), Reunion Island and Saint Pierre and Miquelon, (with the exception of French Polynesia, New Caledonia, Wallis and Futuna) to which is added for the purposes hereof Switzerland, Iceland, Norway, San Marino.
SFPMEI : Société Française du Porte Monnaie Electronique Interbancaire, Payment Service Provider (institution code 14378) whose registered office is located at 29 rue du Louvre , 75002 Paris, registered Trade and Companies Register of Paris under the number 422 721 274 authorized by the ACPR and principal of the Partner.
SFPMEI Payment account : Account held by the Partner on behalf SFPMEI, on behalf of the Holder used exclusively for the purpose of executing Payment Transactions carried out within the framework of the use of the Application. Under no circumstances the account may be assimilated to a deposit account.
Site : Website and mobile application operated by the Partner at https://lydia-app.com/
Strong authentication : Refers to the authentication method that relies on the use of two or more elements that fall into the categories of "knowledge" (something that only the Holder knows), "possession" (something that only the Holder has) and "inherence" (something that the Holder is) and that are independent in the sense that the compromise of one does not call into question the reliability of the others, and which is designed to protect the confidentiality of authentication data within the meaning of Article 4, 30 of Directive 2015/2366 of the European Parliament and of the Council of November 25, 2015 on payment services in the internal market.
Third-party payment service provider : Credit institutions, electronic money institutions or payment institution approved by an authority established in a Member State of the European Union, in a State party to the European Economic Area or in a third country requiring equivalent obligations with respect to the fight against money laundering and terrorist financing.
Treezor Payment account : Account held by the Institution on behalf of the Holder used exclusively for the purpose of executing Payment Transactions carried out within the framework of the use of the Application. When executing a Payment Transaction described in the Framework Agreement, the funds pass through the Treezor Payment account, to or from the SFPMEI Payment account. Under no circumstances the account may be assimilated to a deposit account.
User : User of the Application holding a SFPMEI Payment account
Verified User : User who has provided the necessary supporting documents to open a Treezor Payment account.
Working day : A calendar day corresponding to the opening hours of the Customer Service as indicated on the Site or any other medium.
Working Day : Refers to a calendar day with the exception of Sundays and public holidays in metropolitan France.
2. CONTRACTUAL DOCUMENTS
The Framework Agreement consists of these General Conditions of Use of the Card and its Appendices:
- Appendix 1: List of documents attached to get “Verified User” status,
- Appendix 2: Price Conditions,
- Appendix 3: Withdrawal Form (hereafter),
- Appendix 4: Special Conditions of Use of the Card (“SCU Card”) (here after).
The Framework Agreement governs the use of Payment Services, covered by Article L. 314-1.II of the Monetary and Financial Code and listed in Article 2 of these General Conditions of Use of the Card.
For any information concerning other services distributed by Lydia, please consult the following page https://support.lydia-app.com/l/fr/article/fm7axzg8aw-conditions-generales-d-utilisation.
3. PURPOSE OF THE FRAMEWORK AGREEMENT AND DESCRIPTION OF THE PAYMENT SERVICES
The purpose of the Framework Agreement is to govern the use of the Payment Services provided by the Institution to the Holder, in return for the payment by the latter of the fees agreed in the Price Conditions set out in Article 4 and in Appendix 2 hereto.
It governs the conditions for opening, operating and closing the Treezor Payment Account.
3.2. Description of the Payment Services
The online Payment Services provided by the Institution to the Holder are as follows:
- withdrawing cash from a Payment account,
- the execution of Payment associated with a Payment account,
- ⁻the issuance of payment instruments,
- the acquisition of payment orders.
The Institution does not accept cash deposits, remittance of cheques, and does not offer any payment or related services, other than those specifically described in this Framework Agreement. Treezor Payment account cannot be a debtor.
The Holder acknowledges that he can only open a single Treezor Payment account assigned exclusively to the performance of Payment Transactions by Card within the framework of the use of the Partner Application.
3.3. Membership of Holders
By opening a Lydia Payment account, the Holder has a Payment account opened in the books of the SFPMEI, subject to the GC Lydia. As soon as the Holder (i) requests the creation of the physical or virtual Card or (ii) becomes a Verified User , the account Holder also has a Treezor Payment account opened in the books of the Institution.
Any eligible User according to the conditions of the Institution as detailed in the GC Lydia, may send a request to open a Treezor Payment account used for the purpose of executing Payment Transactions via the Application. To this end, he must also respect the GC Lydia and attach, if it has not already been done, the documents listed in Appendix 1 and any other documents requested by the Institution or by the Partner to meet its legal or regulatory requirements.
3.4. Online use
Access to the online Customer Account is secured by an Identifier and a password that the Holder shall refrain from disclosing to third parties, in particular by taking all necessary measures. This is an essential condition to secure the relationship between Treezor and the Holder. The Holder is personally responsible for the evolution or updating of the equipment necessary (computer, telephony etc..) to use the Payment Services. In particular, the Holder shall refrain from breaking the native protection of the operating system of his equipment and shall protect his equipment with an anti-virus and firewall produced and developed by a software publisher known and reputed for the reliability of its solutions.
The Holder is solely responsible for the use he makes of his identifier. He must take all reasonable measures to maintain the confidentiality and security of his Personalized Security Data.
3.5. Acceptance of the Framework Agreement by the Holder and language of work
The Framework Agreement is concluded remotely according to the terms provided by the Partner in the GC Lydia. The Holder shall have equipment (hardware and software) , for which he is solely responsible, in order to be able to conclude the Framework Agreement online.
The Framework Agreement, concluded between the Parties by electronic means on a Durable Medium, has the same probative force as a Framework Agreement signed on paper medium.
The language used for the drafting of contractual documents and subsequent communications between the Parties shall be French. The Holder may request a copy of the Framework Agreement at any time and free of charge.
This document expresses the entire agreement between the Parties and supersedes all prior agreements or representations, whether oral or written, relating to its subject matter.
4. PRICING AND OFFSET
In return for the Payment Services performed, the Holder will pay the Partner the fees agreed in the Price Conditions. It is expressly agreed that the revocation of a Payment Order and the provision of information, in particular as provided for in Article 6 hereof, may result in the collection of specific fees.
The Holder expressly authorises the Partner to pay all the fees due by the Holder and payable under the Framework Agreement by direct debiting his SFPMEI Payment account.
The Parties agree that the reciprocal debts of the Partner and the Holder resulting from the performance of the Framework Agreement will automatically be converted into simple credit and debit items within the limit of the available provision on the Treezor Payment Account, which is supplied directly by the SFPMEI Payment account. In the absence of sufficient funds in the Payment Accounts Treezor and SFPMEI, the amount remaining due by the Holder is entered on the statement of his Payment Accounts Treezor and SFPMEI on a specific line corresponding to a payable debt.
Notwithstanding the foregoing, the Holder and the Partner agree to offset any liquid, payable and reciprocal debt resulting from the performance of the Framework Agreement or any other agreement.
The Partner may also exercise a right of retention on all sums, bills and values deposited with it by the Holder, until payment of any balance and, more generally, of any other sums owed by the Holder to the Institution and the Partner. It may condition the authorization and execution of any Payment Transaction to full payment of the sums due and payable to the Institution and the Partner by the Holder.
5. OPENING A TREEZOR PAYMENT ACCOUNT
5.1. Necessary conditions and prerequisites for opening a Treezor Payment account
The User must obtain the status of Verified User before being able to become a Treezor Payment account Holder. The conditions are detailed in the GC Lydia in the section entitled ”How to obtain the status of Verified User?”.
5.2. Procedure for registering and opening a Treezor Payment account
The Institution reserves the right to request the Holder through the Partner any other document or additional information, to allow in particular to enable it to carry out the checks required to comply with its legal obligations, including those relating to the fight against money laundering. The Holder agrees that the Partner may send all such information and documents to the Institution by computer transmission on the Institution's computer systems or by post.
The Institution may, at its own discretion and without having to justify its decision, refuse any request to open a Payment Account. This decision cannot, in any event, give rise to damages. It will be notified by email to the User.
If the Institution agrees to the Holder's request, it will confirm to the Holder, by any means through the Partner, that it accepts the opening of the Treezor Payment account.
6. FUNCTIONING OF THE TREEZOR PAYMENT ACCOUNT
6.1. General description
The Institution is responsible for maintaining the Treezor Payment account and executing the associated Payment Transactions.
Payment Transactions are executed by:
- Crediting the corresponding Payment Account when the funds received follow the receipt by the Institution of Payment Transactions by transfer or a fund transfer by Card,
- Debiting the corresponding Payment Account, when the transferred funds follow the execution by the Institution of Payment Transactions by transfer, direct debit or Card.
The fees payable by the Holder under the Framework Agreement are debited by the Partner from the Holder’s SFPMEI Payment account or from his bank account by debit of the bank card attached to the Lydia account, if the Holder requests it when the choice is offered to him.
The Payment Account is held in Euros. The Institution do not have any premises or counters and cannot offer the Holder the possibility of carrying out cash transactions, deposits or withdrawals at a counter in its network. No overdrafts may be authorised. Thus, in the event of a Payment Transaction executed in the absence of sufficient funds, the Institution will notify by any means agreed between the Parties the amount due by the Holder and his obligation to credit his Payment Account, as soon as possible, with an amount sufficient to settle said amount and any intervention costs that may be due under the Price Conditions.
The Card Holder shall give his consent by identifying himself and either by the Strong Authentication procedure via the Application, or by his confidential code via the payment terminal , or by entering the payment numbers of his Card and the cryptogram in a dedicated form.
However, the consent to the execution of a Payment Transaction may also be given by mandating a Payment Service Provider providing a Payment initiation service. In the absence of such consent, the Transaction or series of Transactions is treated as unauthorised.
6.2.1. Issuance of SEPA transfer Payment Orders
The Holder may give Payment Orders by transfer in Euros from The holder’s Treezor Payment Account to a bank or payment account opened in the books of a SEPA Payment Service Provider. When the Holder wishes to carry out a payment transaction by transfer, it identifies the Holder on the Application indicating in particular the Identification Data by following the Strong Authentification procedure indicated to the Holder.
To allow the transmission of his Payment Orders , the Holder must indicate:
- the Beneficiary (name and details of the Beneficiary's account),
- the date on which the Payment Transaction is executed,
- the frequency (optional for standing orders),
- the reason for the Payment Order by transfer.
Before transmitting a Payment Order by transfer, the Holder shall ensure that the Holder has sufficient amount available on the SFPMEI Payment account to cover the amount of the Payment transaction and associated fees as agreed in the Pricing Conditions. If necessary, the Holder shall credit the SFPMEI Payment account before the Payment Order by transfer. Then it can be validly transmitted to the Institution for execution on the Treezor Payment account.
The Parties acknowledge that, unless expressly agreed by the Institution, the Holder may only issue SEPA transfers governed by a common set of rules and practices defined by the European Institutions and the EPC. It is denominated and executed in Euros between two (2) bank or payment accounts opened by SEPA Payment Service Providers.
The Holder acknowledges that such Payment Orders by transfer transmitted through the Application constitute irrevocable orders given to the Institution to transfer the funds to the Beneficiary's Payment Service Provider as from the date of their receipt by the Institution. The Holder's revocation of his Payment Order by transfer may be accepted if it is received before receipt of the Payment Order by transfer by the Institution for immediate execution transfers and before 10 am on the Business Day before the execution date for forward transfers.
Where the Payment Order by transfer is given by a payment service provider providing a payment initiation service, the Holder may not revoke that Payment Order by transfer after having given consent for the Payment Service Provider providing for the payment initiation service to initiate the Payment Transaction.
All transfer Payment Orders are time-stamped and kept for the legal retention period. It is expressly agreed that transfers will be executed at the latest at the end of the Business Day following receipt of the request for immediate transfer and on the agreed execution date for forward or standing transfers or the next Business Day if that date is not a Business Day. A Payment Order by transfer received on a Business Day after 10:00 am is deemed to be received on the next Business Day.
The Institution may be required to refuse to execute an incomplete or incorrect transfer Payment Order. The Holder shall re-issue the Payment Order by transferrin order to comply with the associated regulation.. In addition, the Institution may block a transfer Payment Order in the event, in particular, of serious suspicion of fraudulent use of the Payment Account, unauthorised use of the Payment Account, breach of the security of the Payment Account, or in the event of a freezing of assets by an administrative authority or in the event of insufficient funds on the Payment Account.
In the event of refusal to execute a Payment Order by transfer or blocking of a Payment Order by transfer, the Institution or the Partner shall inform the Holder by any means. The Institution or the Partner will, if possible, indicate to the Holder the reasons for the refusal or blocking, unless prohibited by French or European Union regulatory provisions.
6.2.2. Receipt of SEPA transfer Payment Orders
The Holder expressly authorises the Institution to receive on his Treezor’s account Payment Transactions by transfer from an account opened by a SEPA Zone Payment Service Provider in Euros.
The Institution collects the funds in the name and on behalf of the Holder and credits the Holder's Payment Account as soon as possible after the funds have been credited to its own account, except in the event of a legal provision applicable to the Institution requiring its intervention. After the funds have been posted to the Holder's Payment Account, the Holder receives a payment summary containing the following information: amount, date and time, number of the Payment Transaction, name of the payer, the account debited and the beneficiary, the reason received by the Institution.
6.3. Payment orders by direct debit (debited from the Payment Account)
General provisions: The Holder (debtor) expressly authorises the Institution to debit on his Treezor Payment account by the amount in Euros corresponding to the direct debit Payment Orders received.
Formalisation of the Mandate: The direct debit data is formalised in a document entitled "SEPA Mandate" or " Direct Debit Mandate ("Core direct debit") transmitted by the creditor. The Holder (debtor) who accepts this method of payment debiting his Treezor Payment account, completes, checks and signs a mandate that he gives to his creditor, including his IBAN and BIC bank details and those of his creditor. The Holder's creditor must be identified by an SCI (SEPA Creditor Identifier) valid throughout the SEPA Zone. The mandate is identified by a UMR (Unique Mandate Reference) which is a mandatory feature of the SEPA Direct Debit provided by the creditor to the Holder. The debit authorisation is only valid for the mandate in question.
Modification of the Mandate: Any change in the terms of the mandate must be notified to the Institution through the Partner no later than the Business Day preceding the due date. Where appropriate, the Transaction may be rejected without the Institution being held liable for such rejection.
The Holder may, on the Application or the e-mail, request the blocking of a Payment Order by direct debit from his Payment Account, of direct debit Payment Orders from one or more creditors, authorise one or more creditors to issue such direct debit Payment Orders, or limit the amount or period of direct debit Payment Orders. These requests will be executed by the Partner.
R-Transactions: The Holder has the option of refusing the execution of SEPA direct debit Payment Transactions on his Payment Account. This refusal must be notified by mail to the creditor and the Partner or the Institution. The Holder will then have to agree on another means of payment with the creditor. If the creditor refuses to take account of this request or can no longer interrupt the execution of the direct debit Payment Order, as well as in other cases where the Holder is entitled to do so, the Holder has the possibility, at the latest at the end of the Business Day preceding the due date before the deadline defined by the Institution, to oppose a direct debit Payment Order before its execution or to revoke a mandate. The revocation of a mandate entails the withdrawal of consent to any Payment Order relating to this mandate whose due date occurs at the earliest at the end of the Business Day preceding the due date before the deadline defined by the Institution. This revocation is made by the Holder to his creditor. The Holder (or the Partner) must inform the Institution as soon as possible via the Site or the Customer Service. Where applicable, the Institution may not be held liable for a failure to provide information on the part of the Holder and the resulting direct or indirect consequences for the Holder.
Upon receipt of the pre-notification by the creditor informing him of the amount and due date of the SEPA direct debit Payment Transaction(s), the Holder checks that it complies with the agreement concluded with his creditor. In the event of disagreement, the Holder must immediately contact the creditor to suspend the execution of the SEPA direct debit.
The Institution may issue within five (5) Business Days:
- A rejection of the direct debit before the settlement date of the Payment Transaction in the case of incorrect bank details of the Holder or at the request of the Holder in the case of an unauthorised Payment Transaction;
- A return of the direct debit after the settlement date, in the event of insufficient funds in the Payment Account or in the event of a claim for reimbursement by the Holder, in the event of a dispute over a Payment Transaction that does not comply with the expectations of the Holder or a Transaction not authorised by the Holder.
Execution of the direct debit Payment Order: the Institution and the Partner check the validity of the Holder's details and the absence of any non-payment instructions before executing the direct debit Payment Order. The time of receipt of the SEPA Direct Debit Payment Order by the Institution is the due date, in accordance with the schedule agreed between the creditor and the Holder. The Payment Service Provider forwards the SEPA Direct Debit Payment Order to the Institution within the time limits agreed between the creditor and its Payment Service Provider. These time limits shall allow payment on the agreed date.
The time presentation between banks is at least one (1) Business Day before the due date for SEPA business to business direct debits.
The Holder receives a summary of the Payment containing the following information:
- amount, date and time, Payment Transaction number,
- name of the Beneficiary (creditor),
- name of the Payment Transaction,
- UMR, reason communicated by the creditor,
- creditor reference of the direct debit.
It is specified that a direct debit order may be the subject of a request for reimbursement by the debtor to his payment service provider within eight (8) weeks from the debit of the debtor's account or in the case of unauthorised Payment Orders within thirteen (13) months (unless otherwise contractually provided), resulting in the automatic reversal of the debit entry on the Holder's Payment Account by the Institution, without prejudice to the results of the search for proof.
6.4.1. Transfer of funds by Card
The funds transferred result from card Payment Orders given by the Holder on the Application. Only "CB" or approved "CB", Visa or MasterCard cards that allow the transfer of funds by card from account to account by the holder of said accounts are accepted by Treezor under these conditions.
The Holder acknowledges that he will act as acceptor in receiving funds from the card networks. The Holder undertakes to comply with all applicable provisions defined by law, regulations, professional standards or the contractual provisions of the card networks that may be applicable. He acknowledges that he may be subject to sanctions or fines in the event of non-compliance with these rules.
If Treezor refuses the Payment Order by Card, the Application immediately generates an alert message informing the Holder that the Payment Order could not be authorised, inviting him, depending on the reason, to try again later and to contact the Customer Service of the Partner or the payer.
The Institution credits the Holder's Treezor Payment Account no later than the Business Day on which its own account was credited with the funds. The Holder receives a payment summary from the Partner containing the following information:
- amount, date and time, Payment Transaction number,
- reference number transmitted by the Holder.
In the event of the Holder's failure to comply with the obligations herein or with the laws in force, the Institution or the Partner may take safeguard and security measures. The Institution or the Partner may thus send a warning to the Holder, which serves as formal notice and specifies the measures to be taken to remedy the breach. The Institution or the Partner may also automatically decide, with immediate effect, to suspend the Payment Account in the event of failure to comply with the provisions hereof or in the event of violation of the legislation on the fight against money laundering and terrorist financing or any other legislation applicable to it.
It is specified that a Card Payment Order may be the subject to a request for reimbursement by the debtor to his payment service provider within thirteen (13) months following a Sepa Direct Debit payment order, resulting in the automatic reversal of the debit entry on the Holder's Payment Account by the Institution at the request of the Partner. The Holder undertakes to accept such a reversal.
6.4.2. Execution of Card Payment Orders
The Institution executes the Card Payment Orders initiated by the Holder in accordance with SCU Card (Appendix 4).
The modalities of access to the SFPMEI Payment account and to the Treezor Payment account are defined by the Partner in the GC Lydia. The Holder may request by e-mail to firstname.lastname@example.org a statement of the Payment Transactions carried out on the Treezor Payment account, including the Transactions carried out with a Card. He is invited to read the list of these operations carefully.
It is specified that for each transfer transactions executed by the Institution the Holder will have the following information:
- Reference of the Payment transaction,
- Identification of the Beneficiary,
- Amount of the Payment transaction,
- Date of receipt of the Payment Order.
All costs paid by the Holder are also made available to the Holder on the Application of the Partner.
This statement of Payment Transactions allows the Holder to establish a follow-up of its Payment account and shall bind the Parties.
It is recommended that the Holder keep it in case of dispute and systematically check the contents of the statement. With respect to any claim, the Holder is invited to comply with Article 19.
7. OPPOSITION AND BLOCKING
7.1. Opposition to the unauthorized use of the Holder’s Personalized Security Data
The Holder must inform the Institution and the Partner of the loss or theft of its personalized Security Data, the misappropriation or unauthorized use of its Personal Space or its related data as soon as it becomes aware of it in order to request its blocking as soon as possible.
Declarations of fraudulent use of the Payment Account, loss or theft of the mobile phone must be made by email to Partner’s Customer Service at email@example.com. The blocking of the Card is visible from the Application. The blocking request will be confirmed by strong customer authentification via a recorded call or via the Application. The Holder is informed that any false declaration in connection with the Framework Agreement is liable to the penalties provided by law.
The Institution through the Partner will immediately execute the request of the blocking, upon receipt of the request. The event will be confirmed to the Holder by e-mail and will be kept for eighteen (18) months.
The request for opposition is immediately taken into account by the Partner, who proceeds as soon as possible to block the Payment Account. The Institution cannot be held liable for the consequences of a request opposition by phone or by e-mail to the Partner’s Customer service not issued by the Holder. The request for opposition is deemed to be made on the date of actual receipt of the request by the Partner. In the event of theft or fraudulent use, the Institution or the Partner is entitled to request a receipt or a copy of the complaint from the Holder, who undertakes to reply as soon as possible.
The Institution or Partner will define the maximum limits applicable to the Holder for each of the Payment Transactions on his Payment Account.
These limits will be consulted to the Holder on his Customer account and may be modified at any time by the Institution or the Partner subject to two (2) months’ notice. The Institution or the Partner shall in no event be liable for any liability that may result to the Holder from the refusal to authorise a Payment Transaction if the Holder has exceeded the said limits.
Nevertheless, the Institution or the Partner may, at any time and without prior notice, block the Payment accounts at Treezor and SFPMEI in the event of a risk of fraud or non-payment.
The amount of restrictions applied may be consulted by the Holder on the Partner’s Site and in Appendix 2. They will be defined by Transaction or by period (per day, per week, per month and per year).
The Holder is informed by the Site that Payment Transactions exceeding one of these limits will be automatically refused by the Institution. The Holder is invited to contact Partner’s Customer Service to request authorisation for a Transaction.
9. CHALLENGE OF A PAYMENT TRANSACTION
9.1. Challenge of Payment Transactions
The Holder who intends to dispute a Payment Transaction which is not authorised or poorly executed by the Institution shall contact the Partner’s Customer Service as soon as possible and within a maximum period of thirteen (13) months following the date of the debit of the Payment Transaction.
However, the maximum period during which the Holder may dispute a Payment Transaction is set at seventy (70) days from the date on which the disputed payment order is debited from said account, when the Beneficiary's Payment Service Provider is located outside the European Economic Area, and outside Saint Pierre and Miquelon.
When the Holder denies having authorized a Payment Transaction that has been executed, or asserts that the Payment Transaction was not executed correctly, it is the responsibility of the Payment Service Provider to prove that this transaction has been authenticated, duly recorded and accounted for and not affected by a technical or other deficiency. In this case, the Payment account is restored to the situation it was in before the execution of the Payment Order concerned. Subsequently, the Payment Order is presented once again correctly.
Disputes concerning the price of goods or services purchased are not admissible with the Institution. Only those relating to a Payment Transaction are covered by this Article. The Institution remains unaffected by any dispute that may arise between the Holder and a third party. The existence of such a dispute may in no way justify the Holder's refusal to honour the settlement of a Payment Transaction.
9.2. Repayment of unauthorised or incorrectly executed Payment Transactions
In the event of a dispute by a Holder within thirteen (13) months of the debit of the Payment Account, it is up to the Institution to prove that the Payment Transaction was authorised under the conditions laid down in the Framework Agreement. In the absence of proof by the Institution that the Payment Transaction has been authorised, the Institution will immediately, after becoming aware of the Payment Transaction and at the latest at the end of the first following business day, reimburse the Payment Transaction unless it has good reason to suspect fraudulent conduct on the part of the Holder.
Where the unauthorised Payment Transaction has been initiated through a Payment Service Provider providing a payment initiation service, the Institution will immediately, and at the latest by the end of the first following business day, reimburse the Payment Transaction. The Institution will restore the Payment Account, in the form of a temporary credit, to the situation it was in if the disputed Payment Transaction had never been carried out.
The Holder may send the Institution a request for reimbursement of a Payment Transaction ordered through the Beneficiary and authorised by the Holder if the authorisation given did not indicate the exact amount of the Payment Transaction and if the amount of the transaction exceeded the amount that the payer could reasonably expect. This request must be made within eight (8) weeks of the date on which the funds were debited from the Payment Account and cover the entire Transaction. No request for partial reimbursement can be processed by the Institution. The Holder must provide all the elements relating to the reimbursement claimed. The Institution assesses the legitimacy of the request on the basis of these elements, the profile of the Holder's past expenditure, the conditions of the Agreement and the circumstances of the Transaction. The Institution has ten (10) working days from receipt of the request for reimbursement to perform the reimbursement or to justify its refusal to do so.
The Holder may also raise a dispute with the Institution if, when withdrawing cash, The Holder has not received the full amount requested. The refund request shall be submitted before the expiry of a period of eight (8) weeks from the date on which the Payment Transaction, which is the subject of the refund request, is debited from the Payment Account on which the card operates. The amount of the refund is then equal to the amount not received.
The Parties agree to take the utmost care in informing each other of the conditions of execution of the transaction. Where appropriate, and in particular in the event of fraud or suspected fraud committed by an identified or unidentified third party, the Institution may request for a copy of the complaint filed.
9.3. Responsibility of the Parties
The Cardholder must take all measures to keep his Card and preserve the confidentiality of his personalised Security Data, in particular his confidential code. To this end, he must use this personalised Security Data in accordance with the purposes specified in this Framework Agreement. The Holder assumes the consequences of the use of the Card as long as he has not requested an opposition under the conditions set out in Article 7.1 and in the Article below.
The Institution is responsible for the proper execution of Payment Transactions with regard to the Holder. Where the payment order is given by the payer Holder, the Institution is responsible for the proper execution of the Payment Transaction with regard to the payer until the amount of the Payment Transaction is received. Then, the beneficiary's payment service provider is responsible for the proper execution of the Payment Transaction with regard to the beneficiary. Furthermore, neither the Institution nor the Partner can be held liable for any losses caused by unauthorised Payment Transactions in the event of fraudulent conduct on the part of the Holder, fault on the part of the Holder such as a wilful or grossly negligent breach of his obligations (such as, in particular, late submission of the opposition).
9.3.1. Unauthorised transactions prior to the opposition request
In the event of unauthorised Payment Transactions resulting from the loss or theft of the Card or the personalised Security Data associated with it, the Holder bears the losses related to the use of the personalised Security Data associated with the Card prior to the opposition described in Article 7, within the limit of fifty (50) Euros.
However, he is not liable for Payment Transactions carried out:
- Without the use of personalised Security Data;
- Following the loss or theft of a payment instrument and if the act could not be detected by the Holder prior to the Payment Transaction;
- Following the misappropriation, without the Holder's knowledge, of the payment instrument or the personalised Security Data linked to it;
- Following the loss of personalised Security Data due to the actions or failure to act of an employee, agent or service provider of the Institution;
- Without the Institution requiring strong Authentication from the Beneficiary's Payment Service Provider.
However, when the Beneficiary's Payment Service Provider is located in a State that is not a member of the European Union or a party to the agreement on the European Economic Area, Payment Transactions resulting from the loss or theft of the Card are borne by the Holder within the limit of fifty (50) Euros in the case of Payment Transactions carried out without the use of personalised security data.
9.3.2. Unauthorised operations carried out after the opposition request
Unauthorised payment transactions carried out after the opposition request are borne by the Partner, with the exception of those carried out by the Card Holder.
As an exception, all unauthorised transactions are charged to the Card Holder, with no limit on the amount, if:
- The Card Holder has failed, intentionally or through gross negligence, to fulfil the obligations set out in this Framework Agreement; or
- The loss, theft, misappropriation or any unauthorised use of the Treezor Payment Accounts or the Card is the result of fraudulent conduct by the Cardholder.
A Payment Transaction is not considered to be unauthorised or improperly executed if the goods or services it covers are not delivered or executed under the conditions laid down by the Beneficiary of the Transaction. Therefore, these Payment Transactions may not be the subject of a request for reimbursement from the Institution or the Partner.
10. TERM – AMENDMENTS – RESOLUTION
The Framework Agreement is entered into for an indefinite period. It comes into force upon its acceptance by the Parties.
Each Party may request the resolution of the Framework Agreement at any time.
The Institution may terminate the Framework Agreement by giving two (2) months’ notice after its e-mail notification to the Card Holder.
The Partner may terminate the Framework Agreement by giving two (2) months’ notice after its e-mail notification to the Card Holder.
The Holder who requests the termination of the Framework Agreement must formalize this request by e-mail to firstname.lastname@example.org or by mail to the address 14 rue de l’Opéra, 75001 Paris, which will take effect under three (3) business days from the receipt by each of the other Parties of the afore mentioned mail (“Effective Date”).
The Holder shall maintain a balance sufficient to ensure the proper completion of current Payment Transactions for the time necessary to settle them and the payment of the fees due by him.
In the event of serious breach by the one of the Parties, the Framework Agreement may be terminated with immediate effect by mail addressed to each of the other Parties, at the address specified on the Site for the Partner. The resolution will take effect from the reception of this said (the "Effective Date ").
Serious breaches are understood to mean:
- by the Holder: providing false information, carrying out illegal or immoral activities, suspicion of money laundering or terrorist financing, threats against employees of the Institution, non-payment, failure to comply with one of his obligations hereunder, closure of his Customer account.
- by the Institution or the Partner : communication of false information, failure to comply with an obligation under the Framework Agreement, appointment of a receiver, appointment of a judicial administrator.
The Institution reserves its right to amend the Framework Agreement at any time.
Any proposed amendment is communicated to the Holder by the Partner, before the date of application proposed for its entry into force, following a notice period of two (2) months from the notification to the Holder of the update of the new applicable conditions (excluding regulatory changes).
In the absence of a written objection by registered letter with acknowledgement of receipt or by mail sent to the Institution or the Partner by the Holder within two (2) months, the Holder is deemed to have accepted these amendments. Relationship between the Parties, after the date of entry into force, will then be governed by the new version of the Framework Agreement.
In the event that the proposed amendment is not accepted within the specified time limit, this refusal will give rise, free of charge, to the termination of the Framework Agreement. This request does not affect all debits (fees, contributions, payment) for which the Holder remains liable.
In the event of a substantial amendment of the applicable regulations and the interpretation thereof by the Regulatory Authority concerned affecting the capacity of the Institution or its agents to provide Payment Services, the Framework Agreement will be automatically terminated by e-mail to the address provided by the Holder in the Application. The resolution will take effect on the Effective Resolution Date.
Any legislative or regulatory provisions which would make it necessary to modify all or part of the Framework Agreement will apply from their date of entry into force, without notice. The Holder will however be informed by the Institution or the Partner.
The Treezor Payment account will be closed on the Effective Date of the resolution provided that all amounts due under the Framework Agreement have been paid by the Holder. This resolution entails the termination of the Framework Agreement and does not call into question the services previously performed or in progress on the Effective Date. However, the termination of the Framework Agreement does not entail the termination of the Lydia T&Cs. The User’s SFPMEI Payment account will therefore be maintained , unless the User requests otherwise under the conditions provided for in the Lydia T&Cs.
The Treezor Payment Account may be maintained for a period of fifteen (15) months in order to cover any subsequent disputes and claims. Payment Transactions initiated prior to the Effective Date of termination will not be affected by the termination request and must be executed under the terms of the Framework Agreement.
11. HOLDER'S COMMITMENTS
When the Holder creates a Treezor Payment Account, it undertakes to comply with all the provisions of the Framework Agreement.
The Holder warrants that the information in its Customer account is accurate on the day of the request to open the account and undertakes to update it as soon as possible following any changes throughout the term of the Framework Agreement. Where applicable, the Institution will not be liable for any damage that may result from an inaccuracy or a change if it has not been notified by the Holder.
The Institution reserves the right to suspend the Framework Agreement until the documents are obtained or to terminate it in accordance with Article 10.
The Holder undertakes to operate his Treezor Payment Account in compliance with monetary and tax legislation or legislation on financial relations with foreign countries, embargoes, the fight against corruption, money laundering and the financing of terrorism, in force in France and in the European Union member country in which the Institution is established for the conclusion of the Framework Agreement. In addition, the Holder undertakes to pay any fine, sanction or damages borne by the Institution and resulting from an activity of the Holder which is illegal, unlawful or immoral. In this respect, the Holder undertakes not to carry out or promote the exercise of activities that are criminally punishable such as the endangerment of minors, acts of paedophilia, acts of infringement of works protected by an intellectual property right, failure to respect the protection of Personal Data, breaches of automated data processing systems, acts of money laundering or terrorist financing, failure to comply with the provisions relating to gambling, horse racing, lotteries and the provisions relating to the conditions for exercising regulated professions.
12. AGREEMENT ON PROOF AND TELEPHONE RECORDING
The Parties acknowledge that Orders transmitted in accordance with the above and recorded by the Institution are deemed to be authorised by the Holder and duly authenticated. Proof of this strong authentication may be provided by reproducing on a computer medium the use of the technical means assigned for this purpose by the Application to the Holder.
The Holder recognizes and accepts:
- Recording of telephone conversations and navigation on the Site and Partner’s Application as a means of proof of information and orders sent to the Institution,
- That these digital recordings constitute a durable, reliable, and faithful data medium according to the criteria of article 314-2 6 of the General Regulation of the Financial Markets Authority,
- That any operation carried out, after being authenticated by his Personalized Security Data, is deemed to be carried out by himself. The Parties decide to give them the same value as a writing within the meaning of article 1316 of the Civil Code,
- That the validation of an operation by authentication , by means of its personalized security data constitutes consent of the Holder.
The Holder is informed that telephone conversations with the Institution's staff may be recorded by it or any company appointed for this purpose, in order to ensure a better quality of Payment Services.
13. DEATH OF THE HOLDER - INACTIVE PAYMENT ACCOUNTS
15.1 Death of the Holder
Upon receipt of the Holder’s death certificate by the Institution or the Partner, his Payment Account is immediately blocked until the liquidation of the succession in compliance with applicable law.
Transactions taking place after the death of the Holder are, except with the agreement of the beneficiaries or the notary in charge of the succession, considered as unauthorised. However, any Payment Transaction carried out by the Holder up to the date of his death is deemed to be a transaction authorized by the Holder. The Institution will then refund the sums credited to the Payment Account after the settlement of the Payment Transactions in progress and the costs due and after receipt of the legally required documents and instructions from the beneficiaries of the Account Holder or the notary.
The beneficiaries and the notary are invited to contact the Partner for more information by e-mail or by post to the address detailed on its Site.
15.2 Inactive payment accounts
A Payment Account is deemed inactive within the meaning of law No. 2014- 617 of 13 June 2014 (Eckert Law) in the following cases:
- ⁻The Payment Account has not been the subject of any Payment Transaction for a period of twelve (12) months (excluding fees and commissions of any kind) at the initiative the Holder ( or any authorized representative) and that the Holder has not expressed to the Institution or the Partner in any form whatsoever;
- At the end of a period of twelve (12) months from the death of the Holder, if no beneficiary or notary has informed the Institution or the Partner of his wish to assert his rights on the assets of the deceased Holder.
When the Institution notes that the Payment Account is inactive, it informs the Partner so that it can contact the Holder or his assigns to inform them of the consequences of such inactivity. This information will be renewed, as the case may be, for two (2) or nine (9) years and one last time six (6) months before the Account closing date, under the conditions provided for by the regulations.
The assets recorded on the inactive Payment Account are deposited with the Caisse des Dépôts et Consignations after a period of three (3) years in the event of the death of the Holder of the inactive Payment Account, and ten (10) years in other cases, from the date of the last Payment Transaction, excluding the recording of debits by the Institution taking into account all types of fees and commissions.
14. TRANSFER OF THE PAYMENT ACCOUNT
Upon request to the Partner via the Site, the Holder may obtain the conditions of transfer of his Payment Account in order to obtain the role of the receiving and the sending institution at each stage of the banking mobility procedure, as provided for in Article L. 312-1-7 of the Monetary and Financial Code, the time limits for completion of the various stages, the information that the Holder may have to communicate, and the procedures for contacting the customer relations department in order to receive any complaints.
15. RIGHT OF WITHDRAWAL
Under the Article L.222-7 of the Consumer Code, the Holder has a withdrawal period of fourteen (14) calendar days to exercise the hiight of withdrawal, without having to justify his choice. The Holder does not bear penalties simply by exercising the right of withdrawal.
The period runs either from the day on which the Framework Agreement is accepted or from the day on which the Holder receives the contractual conditions and information, if that date is later than the date on which the Framework Agreement is concluded.
The Holder who wishes to exercise the right of withdrawal must send the written request ("Withdrawal Form" appearing in Appendix 3 of the Framework Agreement) by e-mail at email@example.com or post to the address available on the Site.
The exercise of the right of withdrawal entails the resolution of the Framework Agreement which, in the event of commencement of performance, takes the form of a termination of the Framework Agreement and does not call into question the services previously performed.
16. PERSONAL DATA AND PROFESSIONAL SECRECY
The Holder is solely responsible for the Personal Data that is communicated to the Institution and to the Partner and declares that all the data provided are perfectly up to date and accurate.
The Institution and the Partner undertake to respect the provisions of Law No. 78-17 of January 6, 1978, as amended , on data processing , data files and civil liberties, the provisions of European regulation in No. 2016/679 of April 27 2016 relating to data protection, and more generally any other provision in force relating to the protection of personal data applicable to it (the “Applicable Laws on Data Protection”).
16.1. Processing of Personal Data
For the full understanding of the following stipulations, the terms "Personal Data", "Data Controller", "Processor", "Data Subject", "Recipient", "Personal Data Breach" and "Processing", "Binding Business Rules" and “Standard Contractual Clauses” will have the meaning defined in the Applicable Data Protection Laws.
The Parties undertake to comply with the legal and regulatory obligations regarding to the protection of Personal Data in the context of the performance of the Framework Agreement.
16.1.1. The processing purposes
The Institution and the Partner in their capacity as co-Data Controller, processes the Personal Data of Data Subjects in the context of the management of the Treezor Payment account and the provision of the payment services covered by the Agreement.
The purpose of the processing carried out by the Institution and the Partner is:
- knowledge of the Holder and the updating of Personal data,
- keeping and managing the Treezor Payment account,
- risk management, control and monitoring linked to the internal control to which the Institution and the Partner is subject,
- security and prevention of non-payment and fraud, collection, litigation,
- compliance by the Institution and the Partner with their legal and regulatory obligations and in particular the identification of inactive accounts, the fight against money laundering and terrorist financing, the automatic exchange of information relating to accounts in tax matters,
- segmentation for regulatory purposes,
- carrying out statistical studies and making data more reliable,
- monitoring the exercise of Data Subjects' rights.
16.1.2. Legal basis for processing
The Institution and the Partner justify the lawfulness of the data processing under Article 6(c) of Regulation 2016/679 of April 27, 2016. In addition, the Institution by virtue of its status as an Electronic Money Institution, and the Partner by virtue of its status of payment service agent, must carry out the processing operations set out below in order to meet their legal obligations.
16.2. The Personal Data processed
The Personal Data collected by the Partner in the name and on behalf of the Institution and the SFPMEI in the provision of payment services may be the following:
- Data identifying the natural person (surname, first name, date of birth, identity card or passport number, postal and email address, telephone number)
- Data related to the operations and transactions that the Data Subject carries out using the Payment Service (payments, transfers)
- Bank Data (IBAN, Card number, balance)
- Identification and authentication data related to the use of the Payment Service
- Data relating to digital activities (connection data linked to online services, identification and authentication data, IP address, logs, cookies etc.)
16.2.1. Legal basis for collecting Personal Data
The processing by the Institution and the Partner of the Personal Data provided for in Article 17.1 is based on execution of the Framework Agreement and compliance with the Institution’s legal obligations. Refusal by Data Subjects to communicate all or part of their Personal Data may result in the Institution's rejection of the request to open a Treezor Payment Account.
16.2.2. Confidentiality of Personal Data
The Institution and the Partner are required to ensure the security and confidentiality of the Personal Data of the Holder and undertake to:
- Do not disclose any Personal Data to any third party, whether private or public, physical or moral unless otherwise provided by French or European law. Users will be informed of this disclosure unless applicable law precludes it;
- Do not disclose any Personal Data processed under this Contract to members of its staff who are not involved in the Services covered by the Contract;
Ensure that all of its employees, subcontractors and contractors providing services under this Agreement know and respect the rules relating to confidentiality and the protection of Personal Data and are subject to a specific confidentiality obligation.
16.2.3. Cooperation of the Parties
The Parties undertake to cooperate with the Institution and the Partner:
- Providing the other Party with any documentation and information necessary to enable it, in the event of a referral to a regulatory authority, to demonstrate compliance with its obligations under this Article and to enable audits to be carried out;
- In the management of requests from Data Subjects for the exercise of their rights and in particular their rights of access, rectification, deletion and/or opposition, or for any other request relating to the protection of their Personal Data. In the event that the Data Subject contacts the other Party directly to exercise its rights;
- In carrying out an impact assessment that the other Party should conduct in order to assess the risks associated with the Processing (s) of Personal Data and to identify the measures to be taken to address these risks and the consultation possible supervisory authority;
- In the event of control or investigation by a competent Supervisory Authority, the Parties undertake to cooperate reasonably with each other and with the Supervisory Authority.
In the event that the control exercised by the competent Control Authority concerns the Processing (s) carried out in the name and on behalf of the Institution, the Partner undertakes to inform as soon as possible by any means for the Institution of this control immediately after having been itself notified by the Control Authority, and not to engage on behalf of the Institution or in its name.
In the event of control of the other Party by a competent Supervisory Authority, each Party undertakes to cooperate with the other Party and to provide it with any information it may need to demonstrate compliance with applicable data protection laws.
16.3. Communication of Personal Data to third parties
The Holder authorises the Institution and the Partner, by accepting this agreement, to communicate, under the conditions described below relating to professional secrecy, the Personal Data concerning the Holder, in the context of the provision of payment services and the management of the Payment account(s), to:
- hird parties for the purpose of complying with a legal or regulatory obligation or responding to a request from the supervisory authority, in particular the French Prudential Supervisory Authority (ACPR), the French Data Protection Agency (CNIL), judicial bodies, the tax administration tax, TRACFIN, etc.
- external companies for the execution of services that the Institution subcontracts: payment service agents, card managers and manufacturers, mobile payment managers, members of the SEPA banking network (managers of credit transfers and direct debits), trusted third parties, cheque managers.
In addition, the Holder authorizes the Partner, by accepting these terms and conditions, to communicate, under the conditions described below, the Personal Data concerning them, in the context of the provision of payment services and the management of the Payment Account(s):
- To SFPMEI, Treezor as well as to the operational service providers with whom Lydia Solutions has set up a contractual relationship for the purpose of executing the contract, provided that these third party recipients of personal data are subject to regulations ensuring an adequate level of protection as defined in Article 561-7 II b of the French Monetary and Financial Code and in compliance with the GDPR. These partners and service providers only have access to the data that are strictly necessary for the execution of the contracts established with Lydia.
- To the competent authorities, if required or permitted by applicable law, or if such disclosure is reasonably considered necessary.
16.4. Hosting and leaving Personal Data
16.4.1. Hosting of Personal Data
The processing and hosting of Personal Data is carried out in the European Union.
16.4.2. The fate of Personal Data at the end of the processing
The Parties undertake to delete all documents and files containing Personal Data after completion of the Processing (s) carried out within the framework of the Services provided for in the Framework Agreement and its appendices, without delay and without other formalities, and not to retain any copy of the Personal Data, unless otherwise provided by law French or European and applicable to the Processing (s) mentioned in this agreement.
Each Party undertakes to provide the other Party in writing, without delay at the end of this procedure, with a certificate deletion of Personal Data
16.5. Personal Data retention period
Personal Data is retained, in order to comply with legal and regulatory obligations and for security purposes, for a period of five (5) years from the date of closure of the Account for information collected for anti-money laundering and anti-terrorist financing purposes.
16.6. The exercise of rights relating to Personal Data
16.6.1. Data Subjects' rights
Subject to the restrictions set out in the legislation on banking and the protection of Personal Data, Data Subjects have a right of access and rectification, restriction, opposition, deletion and as well as a right to portability of the Personal Data concerning them.
Data subjects may, at any time and free of charge, without having to justify their request, object to their Personal Data being used for commercial prospecting purposes.
16.6.2. Contact details of the DPO (Data Protection Officer)
To exercise any of these rights, Data Subjects can send their request to the following address to the Partner’s DPO or the Institution’s DPO (designated in accordance with Article 37 of European Regulation 2016/679 of 27 April 2016):
The Partner’s DPO can be contacted:
- by e-mail: firstname.lastname@example.org;
- by post : Lydia Solution, Data Protection Officer, 14 avenue de l’Opéra, 75001 Paris
The Institution’s DPO can be contacted:
- by e-mail: email@example.com;
- by post : Treezor, Data Protection Officer, 41 rue de Prony, 75017 Paris
A maximum period of one (1) month may be necessary between receipt of the request and the Partner or the Institution's response.
Finally, Data Subjects have the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL), the supervisory authority in France in charge of complying with personal data obligations.
16.7. Professional secrecy
In accordance with the provisions of Article L.526-35 of the French Monetary and Financial Code, the institution and the Partner are bound by professional secrecy. However, this secrecy can be lifted, in accordance with the legislation in force, by virtue of a regulatory and prudential legal obligation, in particular at the request of the supervisory authorities, the tax or customs administration, as well as that of the judge. criminal law instituted by article L.562-4 of the Monetary and Financial Code or in the event of a judicial requisition notified to the Institution or to the Partner. Notwithstanding the above, the Holder has the right to release the Institution and the Partner from professional secrecy by indicating to them in writing the third parties authorized to receive confidential information concerning him. Professional secrecy is lifted by the effect of regulations for the benefit of companies providing important operational tasks to the Institution or to the Partner within the framework hereof.
17. FIGHT AGAINST MONEY LAUNDERING AND TERRORIST FINANCING
Pursuant to the provisions of Articles L.561-2 et seq. of the Monetary and Financial Code relating to the participation of financial institutions in the fight against money laundering and terrorist financing, the Institution and the Partner is required to obtain information from the Holder for any transaction or business relationship initiated under the conditions of Articles L.561-2 et seq. of the Monetary and Financial Code, in particular, the origin, purpose and destination of the Payment Transaction or the opening of the account. It must also carry out all the necessary steps to identify the Holder. The Holder undertakes to exercise all diligence in allowing the Institution or the Partner to carry out a thorough examination of the Payment Transaction, to inform the Institution of any exceptional transaction compared with the Payment Transactions usually recorded on his Payment Account and to provide it with any document or information required.
The Holder recognises that the Institution and the Partner may be required to set up monitoring systems aimed at combating money laundering and the financing of terrorist activities.
As such, the Institution or the Partner may, in the presence of Payment Transactions which appear to it to be inconsistent or of suspicious or unusual Payment Transactions, may be required to obtain information from the Holder on the origin or destination of the funds, on the object and nature of the transaction or on the identity of the person benefiting from it. The Holder or the authorised representative, if any, undertakes to provide the Institution or the Partner with any information necessary to comply with these obligations. Failing this, the Institution reserves the right not to execute the Payment Transaction or to cancel it or to terminate the relationship.
Furthermore, in the event that the Holder, as well as, where applicable, the representative of the business relationship, or the State of which they are resident, would come to be subject to economic or financial sanctions, trade embargoes or similar measures taken, promulgated, or put in place by the United Nations, the United States of America, the United Kingdom, the European Union or any Member State or any other sanction recognized by the Institution, the Institution may, in accordance with these sanctions:
- Not execute, suspend or cancel payment transactions initiated by the Holder or executed for the Holder’s benefit;
- Terminate this Framework Agreement.
The Holder acknowledges that the Institution or the Partner may terminate or postpone at any time the opening of the Payment Account or the execution of a Payment Transaction in the absence of sufficient information about its purpose or nature. He is informed that a Payment Transaction carried out hereunder may be subject to the exercise of the right of disclosure of the national financial intelligence unit.
The Holder may, in accordance with regulations, access all information thus communicated, provided that this right of access does not jeopardise the purpose of combating money laundering and the terrorist financing when such Personal Data relates to the Holder and is held within the framework of Articles L621-8, L621-9 and L621-10 of the Monetary and Financial Code.
No prosecution based on Article 226-14 of the Penal Code and no civil liability action may be brought or any professional sanction pronounced against the Institution, its managers or employees or against any other person referred to in Article L.562-1 of the Monetary and Financial Code who have made in good faith the declarations mentioned in Articles L.561-22 of the same Code.
18. CLAIMS AND MEDIATION
In the event of difficulties concerning the products and services provided by Treezor and its Partner, the Holder may obtain from the Partner all the information desired, formulate any complaint with it and, in case of persistent difficulties, enter in writing the Partner’s customer complaints department which endeavours to find a solution with it.
The Holder has the option of contacting the Partner's customer complaints department:
- Either by letter to the following address: 14 avenue de l'Opéra, 75001 Paris;
- Or by e-mail to the following address: firstname.lastname@example.org .
In the absence of a response from the Partner, the Holder may contact the Institution's customer service:
- Either by letter to the following address: 41 rue de Prony, 75017 Paris,
- Or by email to the following address: email@example.com .
The Partner undertakes to reply to the Holder within fifteen (15) working days of receipt of his complaint; However, if additional time is needed to respond, the Partner will send a holding reply stating the reasons for the delay. It will keep the Holder informed of the progress of the processing of his complaint. In any event, the Holder will receive a final response no later than thirty-five (35) working days following receipt of his complaint by the Partner.
The Partner undertakes to inform the Institution in the event of a complaint.
In the event of a persistent dispute with the Institution concerning the services provided or the execution of the Framework Agreement, and after exhaustion of internal remedies, the Holder may refer the matter free of charge to the AFEPAME Ombudsman by sending a letter within one (1) year from the date of his complaint to the AFEPAME Ombudsman, Afepame association, 36 rue Taitbout 75009 Paris.
The Ombudsman cannot be seized if legal proceedings are in progress.
Referral to the Ombudsman suspends the limitation period in accordance with Article 2238 of the Civil Code. The findings and statements collected by the Ombudsman may not be produced or invoked in any procedure other than the mediation without the agreement of the Institution and the Holder. This mediation procedure is free of charge.
19. FORCE MAJEURE
The Parties will not be held liable, or deemed to have failed hereunder, for any delay or non-performance, where the cause of the delay or non-performance is related to an event of Force Majeure as define by the meaning of Article 1218 of the Civil Code and French Case law.
The language used during pre-contractual and contractual relations is French. The Holder expressly accepts the use of the French language during the contractual relationship.
At any time during the contractual relationship, the Holder is entitled to receive, on request, the Payment Services Framework Agreement and the General Terms and Special Conditions of Use of the Card on paper or another durable medium. The request must be made to the Partner or the Institution. These are also available on the Site.
The Holder authorises the Partner and the Institution to send him by email or the Mobile Application containing information relating to the performance of the Framework Agreement and the products and/or services subscribed.
Any notice for the purposes of this Framework Agreement must be made (and will be deemed to have been received on the date of receipt) by registered mail with acknowledgement of receipt or by hand delivery to the following address:
41 rue de Prony
and by email: firstname.lastname@example.org
or through the Partner at the following coordinates:
- by email : email@example.com ;
- by post : 14 avenue de l’Opéra, 75001 Paris.
21. PROTECTION OF FUNDS
The Holder is informed that the funds credited to the Account are protected in accordance with Article L.522-17.I of the Monetary and Financial Code and are deposed in a segregated account opened under the conditions required by the regulations. They are protected against under the conditions provided for in Article L 613-30-1 of the same Code, any recourse by other creditors of the Institution, including in the event of enforcement proceedings or insolvency proceedings opened against the Institution.
The Holder may not assign all or part of this Agreement, whether in return for payment or free of charge. In the event of failure to comply with this prohibition, in addition to the immediate termination of this Agreement, the Holder's liability may be incurred and the assignment of the Framework Agreement will be considered null and void.
23. APPLICABLE LAW AND JURISDICTION
The Framework Agreement is subject to French law.
In the absence of an amicable agreement, all disputes relating to the formation, validity, interpretation, execution or breach of the Framework Agreement fall within the exclusive jurisdiction of the courts within the jurisdiction of the Court of Appeal of the registered office of Treezor.
ANNEXE 3 - WITHDRAWAL FORM
In accordance with Articles L.222-7 of the Consumer Code and L.341-1 of the Monetary and Financial Code, I benefit from a period of reflection of 14 (fourteen) days from the signature of the Payment Service Framework Agreement for the opening of the above-mentioned Account, free of charge and without giving reasons. This withdrawal is only valid if it is sent, by post or by e-mail, legibly and fully completed, before the expiry of the period mentioned above to the Partner at the contact details indicated on its Site and in the Claims and Mediation Article of the Framework Agreement.
I, the undersigned, (SURNAME / First names), ………………………………………………………………………………………………………………… declare that I waive the opening of the above-mentioned Payment Account with TREEZOR following a remote operation.
Done on: Signature:
ANNEXE 4 - SPECIAL CONDITIONS OF USE OF THE CARD (“SCU CARD”)
The Service is distributed by Lydia Solutions, a simplified joint-stock company (SAS) with a capital of 1 546 417 Euros, registered with the Paris Trade and Companies Register under number 534 479 589 whose registered office is at 14 avenue de l’Opéra, 75001 Paris, acting as payment agent for Treezor, and operating under the trade name Lydia.
These Special Conditions bind:
TREEZOR, a simplified joint-stock company (SAS), registered with the Paris Trade and Companies Register under number 807 465 059, whose registered office is located at 41 rue de Prony, 75017 Paris, acting as an electronic money institution within the meaning of Article L.525.1 of the Monetary and Financial Code and approved by the French Prudential Supervisory Authority (ACPR), Banque de France, 4 Place de Budapest CS 92459 75017 Paris cedex 09, www.regafi.fr, under number 16798,
(hereinafter referred to as "Treezor") on the one hand, and;
The HOLDER, a natural person, of legal age, acting for his own account for non-professional purposes, having concluded a Payment Services Framework Agreement with Treezor and holder of the Card.
(hereinafter referred to as the "Holder"), on the other hand;
Together referred to as the "Parties".
The provisions of the Payment Services Framework Agreement are applicable to the Special Terms and Conditions of Use of the Card (SDU). In addition, capitalized terms have the meaning given to them in the Framework Agreement.
1. PURPOSE OF THE GCU
The purpose of these SDU is to define the conditions of subscription and use of the Card by the Holder, holder of the Card. The Card is a "Lydia" MasterCard.
In these SDU, unless the context requires a different interpretation, capitalized terms have the meanings given below:
Acceptance point : means the payment page or the payment terminal enabling the Holder to transmit a Card Payment Order to an Acceptor.
Acceptor : means the acceptor of a Card Payment Order with an Acceptance Point.
ATM : refers to automatic teller machines
Card Payment Orders : means the instruction initiated by the Holder or minor Cardholder with the MasterCard to transfer funds to a designated Acceptor.
Electronic Equipment : means any payment device that includes a system for controlling the confidential code, e.g. an electronic payment terminal, and which is approved by the GIE CB.
Issuer : means Treezor acting as issuer of the Card
Network : means the MasterCard network.
Physical Card : Card in the form of a physical plastic object containing a chip allowing the transfer of information during the execution of the payment.
SCU Card : means the Special Conditions of Use of the Card
Secret Code : Refers to the code communicated confidentially, personally and only to the Payment Account Holder.
Virtual Card : A fully dematerialized Card, which is a payment Card number accessible via the Application. It allows you to pay on the internet or via mobile applications. It can also be recorded on certain compatible contactless payment solutions (Apple Pay, Google Pay, etc..) which then makes it possible to pay in store, via contactless mobile payment.
In the absence of a definition, capitalized terms will have the meaning given to them in the Payment Services Framework Agreement.
3. PAYMENT ACCOUNT
The Holder has previously accepted the Lydia T&Cs and the Payment Services Framework Agreement and has a Payment Account in the books of the SFPMEI.
The Holder funds the Payment Account at the latest before Treezor authorises the Card Payment Order. The Holder funds the Payment Account in accordance with the provisions of the Lydia T&Cs and the Framework Agreement and these GCU.
Treezor provides the Card to the Holder under the Price Conditions within the limits set by the Pricing Conditions and applicable regulations. The fees are debited from the Holder's Payment Account in accordance with the Framework Agreement.
5. CARD ISSUANCE AND ACTIVATION
The Card is issued by Treezor, of which it remains the property, at the Holder's request, to the address indicated by him. The Holder must connect to the Application to be able to activate the Card according to the instructions given to him and must sign these SCU. Activation of the Card is subject to the Holder singing these SCU. In addition, the Holder must have personalised security data in accordance with Article 8 hereof in order to use the Card.
Once issued, the Card must be activated. The activation of the Card differs depending on the type of Card concerned:
- Physical card: a confidential code is assigned by default to the Holder. By connecting to the Lydia Application, the Holder can consult the confidential code assigned and modify if desired. The Holder must memorize these digits and keep them secret (n.b . What is the Account holder's responsibility?). This confidential code allows the Holder to authenticate whenever the Seller's Electronic Equipment instructs to do so. To finalize the activation of a physical card, the Holder will have to make a withdrawal from an ATM.
- Virtual Card: following the creation of a virtual Card, no additional activation step is required to use it on the Internet or in an application
To be able to use a virtual card in store, via contactless mobile payment, the Cardholder must link the card to mobile payment application (Apple Pay, Google Pay, etc.), under the conditions provided by the respective applications.
6. CONDITIONS OF USE
The Card is intended for non-professional purposes and enables Payment Transactions with a non-professional purpose to be carried out. The Holder undertakes to use the Card or its number exclusively within the framework of the Payment Card Network whose brand is affixed to the Card and to comply with the rules relating to each of the marks affixed to the Card.
6.1. Conditions of Use of the Physical Card
The Physical Card is strictly personal, and the Holder must sign it upon receipt if there is a space provided for this purpose on the Card's support. It is strictly forbidden for the Holder to lend or dispose of his Card. When a signature panel appears on the Physical Card, the absence of a signature on the Physical Card justifies its refusal of acceptance.
The Holder is prohibited from making any functional or physical alteration to the Physical Card that is likely to hinder its operation or that of the electronic payment terminals and machines (the “Electronic Equipment”), or automatic teller machines (the “ATMs”).
6.2. Conditions of Use of the Virtual Card
The Virtual Card is strictly personal and it is strictly prohibited for the Holder to communicate the number.
7. PURPOSE OF THE CARD
The Virtual Card allows the Holder:
- If it links it to its mobile payment application (Apple Pay, Google Pay, etc.), to pay for purchases of goods or services from shops and service providers equipped with an Acceptance Point displaying one of the Payment Card Network's marks on the Card (the Acceptors) and allowing contactless payment,
- To pay remotely, , for purchases of goods or services from Acceptors.
- The Physical Card also allows:
- To make cash withdrawals at ATMs of institutions duly authorised to provide payment services displaying one of the Payment Card Network's marks on the Card,
- To pay for purchases of goods or services from Acceptors, without these allowing the payment in contactless,
- To pay with “contactless” technology for purchases of goods or services providing services from Acceptors, without linking their Card to their mobile payment application (Apple Pay, Google Pay, etc.).
8. PERSONALISED SECURITY DATA
Personalised security data is defined by the Partner and allows the Holder to use the Card.
Each Physical Card Holder is assigned a personalized security device, in the form of a personal code (cf. Lydia Manual > Security Code). The Holder can modify this confidential code directly in the application. If the Holder is requested, this code must be entered on the Electronic Equipment of the seller of a good or service by the Holder. The Card is blocked if an incorrect confidential code is entered on three successive occasions. To unblock his Card, the Holder must contact the support service with the details on the Site.
In particular, it consists of a personal code which is communicated by the Partner via the Application, personally and only to him, to his home address. The Holder may be invited to choose his code, when activating the Card. In all cases, he must take all measures to ensure the security of his Card, the confidential code and more generally any other element constituting the Card's personalised security data. He must therefore keep his code absolutely secret and not communicate it to anyone. By way of exception, the Holder may communicate it to third-party payment service providers authorised in a Member State of the European Union or in a State party to the European Economic Area, for account information and payment transaction initiation services, within the meaning of Article 4 of European Directive 2015/2366. The Holder must ensure that the payment service provider is authorised for these services and that he enters his personalised security data in a secure environment.
In particular, it must not be written on the Physical Card or on any other document. He must be careful to compose it away from prying eyes. He must use the personalised safety data each time he is instructed to do so by the Acceptance Point, otherwise his liability may be incurred. This code is essential for the use of Electronic Equipment and any remote payment terminal (such as a secure reader connected to a computer, TV decoder, mobile phone with insertion of the Card, etc.) designed in such a way that no transaction can be carried out without the use of this confidential code. The number of successive attempts to compose the confidential code is limited to three (3) on the Electronic Equipment. On the third unsuccessful attempt, the Holder causes the Card to be invalidated and/or, where applicable, captured. When the Holder carries out a Card Payment Transaction at a Acceptance Point by entering the confidential code, he must ensure that this terminal is approved by the Network by checking the presence of the MasterCard brand and use it exclusively for the purposes referred to in Article 6.4 of the Card's SCU. The Holder must take all appropriate measures to ensure the security of the personalised security data.
9. OTHER PERSONALISED SECURITY DATA
To ensure the security of Card Payment Orders given remotely (e.g. over the Internet) by the Holder, he may be asked to communicate, in addition to the usual data related to the remote use of the Card (number, validity date and visual cryptogram on the back of the Card), any other data (e.g. a password or a code which is then different from the one referred to in Article 8 allowing a Strong Authentication of the Payment Order , which may, if necessary, be communicated by the Partner. The personalised security data related to remote use accepted by the Partner is detailed in the manual in the article on Payment Security in the Lydia Manual.
The Holder acknowledges having been informed by Treezor that, for any secure Card Payment Order given remotely from abroad, the sending by the Partner of the security data referred to above may result in the Holder paying additional charges to any carrier of said data, in particular to its mobile telephone operator. These costs will remain the responsibility of the Holder, who hereby accepts them.
10. FORM OF CONSENT AND IRREVOCABILITY
The Holder and Treezor agree that the Holder gives his consent to carry out a Card Payment Transaction before or after the amount of the Card Payment Transaction has been determined:
- by typing his confidential code on the keypad of Electronic Equipment, by checking the presence of one of the Payment Card Network brands affixed to the Card,
- by inserting the Card into Electronic Equipment without a keypad for entering the code, confidential by checking the presence of one of the Payment Card Network brands affixed to the Card
- by communicating and/or confirming the personalised security data related to the remote use of the Card,
- by confirming the payment order data communicated via an approved interbank digital wallet.
The Payment Service Holder cannot revoke a payment order once it has been received by the payer's payment service provider.
The Holder and Treezor agree that the Holder may use the Card for a series of Card Payment Transactions, hereinafter referred to as "recurring and/or instalment payments", with Acceptors for purchases of goods and/or services.
The Holder gives his consent to the series of Card Payment Transactions :
- by communicating and/or confirming the data relating to the remote use of the Card at the time of the first Payment transaction, or,
- where applicable via an approved interbank digital wallet.
The Holder may withdraw his consent to the execution of a Transaction or series of Transactions in the future at the latest at the end of the Business Day preceding the day scheduled for its execution.
The Card Payment Transaction is authorised if the Holder has given his consent in one of the forms defined above. From that moment, the Payment Order is irrevocable. However, the Holder may object to the payment in the event of receivership or compulsory liquidation proceedings against the Acceptor if the payment order has not yet been transferred to the Beneficiary’s payment service.
11. PROCEDURE FOR USING THE CARD FOR CASH WITHDRAWALS AT ATMS DISPLAYING ONE OF THE BRANDS AFFIXED TO THE CARD
Cash withdrawals at ATMs are possible within the limits of the availability of the ATM and the limits of the Card. The recorded amounts of these withdrawals and any commissions are immediately debited from the Holder's Payment Account without any obligation to indicate the number or name of the Holder of the Physical Card used and results in a debit from the Payment Account.
The Holder must, prior to each withdrawal and under his responsibility, ensure that there is a sufficient and available balance on the Payment Account. The Holder undertakes to maintain it until the corresponding debit.
12. PROCEDURE FOR USING THE CARD TO PAY FOR PURCHASES OF GOODS AND SERVICES
The Card is a payment instrument that should only be used to pay for purchases of goods actually delivered and services actually rendered. Card payments are made in accordance with the terms and procedures in force at the Acceptors. In principle, they involve checking the confidential code and, under certain conditions defined by the Payment Card Networks, an authorisation request. When the Acceptor is in a country of the European Economic Area (the member states of the European Union, Iceland, Norway and Liechtenstein), it has the possibility to install a priority selection mechanism on the Electronic Equipment. If the Holder does not agree with this choice, he can ask the Acceptor to use another brand or another payment application that is displayed as "accepted" by the Acceptor.
For Card Payment Orders given remotely, the Holder may be required to comply with a security procedure for such Payment Orders as referred to in Article 9 above.
Payments presented for collection by the Acceptor imply a debit the Payment Account on which the Card operates in accordance with the terms set out in the specific conditions of these SCU Card and the Framework Agreement. Even if there is a delay in payment, Treezor has the option to debit the Payment Account immediately which the Card for the amount of the Payment Transactions made using the Card, including in the event of the Holder's death, execution procedure, closure of the Payment Account or withdrawal of the Card by Treezor, a decision which will be notified to the Cardholder and the Holder by simple letter. Disputes concerning these Transactions are dealt with in accordance with the conditions laid down in Article 9.3.
The Holder must ensure that, on the day on which payments are debited, the Payment Account has a sufficient and available balance that will be transferred to the Acceptor.
The detailed amount of the sums debited from the aforementioned Payment Account is shown, with some exceptions, on a statement of Payment Transactions to which the Holder can have access by e-mail request to firstname.lastname@example.org or by post to 14 rue de l’Opéra, 75001 Paris.
Treezor remains unaffected by any dispute that may arise between the Holder and an third. The existence of such a dispute can in no way justify the Holder's refusal to honour the settlement of a Payment Transaction.
A Card Payment Transaction may only be reimbursed by an Acceptor if there has previously been a transaction debited for an amount greater than or equal to the amount of the Card Payment Transaction. This reimbursement must be made with the same Card used for the original transaction.
A Payment Transaction may be carried out by the Holder in order to obtain "quasi-cash" (casino chips, purchase of foreign currency, etc.) in the places authorised for this purpose.
In some cases, the trader may request that the Cardholder have an Available Balance greater than the value of the Payment Transaction they wish to make. Only the actual and final value of the Payment Transaction will actually be debited from the Payment Account and, where applicable, the Payment Account. Acceptors take guarantees and must block funds that will not necessarily be debited from the Card.
They include, for example:
- hotels, car rental companies, and
- websites - some Acceptor sites request authorisation on the Card to ensure the availability of funds. This authorisation has a temporary impact on the balance available on the Payment Account. Many traders only charge the Card when the goods are shipped, so the Holder must ensure that sufficient funds are available at all times to cover these purchases.
The Card cannot be used in situations where it is not possible to obtain an online authorisation request that would allow the Card's available balance to be known.
The Card may be used by the Holder at self-service fuel pumps in France, provided that the available balance on the Payment Account is greater than the amount of the guarantee required to authorise the purchase. The Card can be used to pay at the point of sale.
The Holder undertakes to credit the SFPMEI Payment Account concerned in order to allow the Partner to debit this Account up to its due debt. The Holder will be notified and will receive an invoice to be paid immediately. If the Holder does not pay this amount immediately after receiving the invoice, the Issuer reserves the right to take all necessary measures, including legal measures, to recover the amounts due.
13. RECEPTION AND EXECUTION OF THE PAYMENT ORDER
By agreement, Treezor informs the Holder that the Card Payment Order is received by Treezor at the time it is communicated to it by the Acceptor's bank or by the ATM operator through the clearing or settlement system of said payment order. When the Card Payment Order is executed within the European Economic Area Treezor has, from the moment of receipt, a period of one (1) Business Day to credit the Acceptor's bank account. With regard to withdrawals, Treezor informs the Holder that the withdrawal order is executed immediately by making the cash available.
14. TREEZOR'S LIABILITY
When the Holder denies having given his consent to carry out a Payment Transaction and/or withdrawal by Card , it is up to Treezor to provide proof that the Transaction has been authenticated, duly recorded and accounted for in accordance with the state of the art (in accordance with existing scientific and technical knowledge), and that it has not been affected by a technical defect. This proof of the use of the Card and of the personalised security data may be provided by any means, in particular by means of recordings of the Acceptance Points or their reproduction on a computer medium. Treezor can use these records as justification for charging them to the Payment Account on which the Card operates.
Treezor is liable for direct losses incurred by the Holder due to a technical deficiency in the Network over which Treezor has direct control. However, Treezor is not liable for any loss due to a technical defect in the Network if this is reported to the Holder by a message on the Acceptance Point or in any other visible way.
15. LIABILITY OF THE PARTIES
The Holder must take all measures to safeguard his Card and preserve the personalised security data attached to it, in particular his confidential code. He must use it in accordance with the purposes specified in Article 1. The Holder assumes the consequences of the use of the Card as long as he has not requested an opposition under the conditions set out in the Framework Agreement.
Unauthorised Card Payment Transactions or poorly executed due loss, theft or hacking of the Card are the responsibility of Treezor, under the conditions provided for in Article 9.3 of the Framework Agreement.
16. TERM AND TERMINATION
The SCU are concluded for an indefinite period. They may be terminated at any time by letter or by e-mail by the Holder or by Treezor or by the Partner. The Holder can address a request to the Institution at 41 rue de Prony, 75017 Paris or to the Service Partner at 14 rue de l'Opéra, 75001 Paris or to the email address email@example.com .
Termination by the Holder takes effect immediately after the Partner has confirmed receipt of the request (the automatic acknowledgment of receipt is not considered a confirmation).
Termination by Treezor takes effect two months after the date of sending its notification to the Holder. If the Holder's Treezor Payment Account is closed, the SCU will be automatically terminated without notice. The Holder undertakes to destroy his Physical Card and/or delete his Virtual Card on the effective date of termination. He undertakes to comply with all contractual obligations imposed on him under the SCU until the aforementioned date. As from the effective date of termination, the Holder is no longer entitled to use the Card and Treezor and the Partner may take all necessary measures to ensure this.
17. PERIOD OF VALIDITY OF THE CARD - RENEWAL - WITHDRAWAL AND RETURN OF THE CARD
The Card expire when its validity date is reached.
a) The Physical Card is valid until the date shown on the Card. It is automatically renewed at
- its term, unless terminated under the conditions provided for in the present Card SCU (cf. When the Card T&Cs Do they cease to apply? );
- its term, unless terminated under the conditions provided for in the present Card SCU (cf. When the Card T&Cs Do they cease to apply? );
b) The Virtual Card is valid until the date in the Application. It is not automatically renewed at the end of its term and can be deleted at any time, free of charge, via the Lydia Application.
In addition to cases of blocking resulting from the management of the SFPMEI Payment Account and Treezor Payment Account on which the Card operates, Treezor may block the Card for security reasons or in the event of presumed unauthorised or fraudulent Transactions, or in the event of a significantly increased or proven risk that the Holder is unable to fulfil the payment obligation. In such cases, Treezor may withdraw the Card or have the Card withdrawn by an Acceptor or by an institution duly authorised to provide payment services. The closing of the Treezor Payment Account on which a Card operates entails the obligation to return the associated Card(s). The final closing of the Treezor Payment Account can only take place at the earliest one (1) month after the return of the Card(s).
18. DISPUTES OVER TRANSACTIONS
The challenge of Card payment transactions is governed by Article 9.3 of the Framework Agreement.
Treezor undertakes to exchange a Card declared defective at any time. In case of receipt of a defective product, the Holder must be contact Lydia Support at firstname.lastname@example.org. The support will then try to help the Holder to resolve the malfunction remotely. If remote resolution is not possible within seven (7) Working days of Lydia’s first contact with the Holder, Lydia can then request that the defective product be returned to the Issuer in the same condition by mail or destroyed by the Holder and a new Card will be sent to the Holder. In any event, the Holder benefits from the legal guarantees of conformity and against hidden defects, in accordance with Articles L. 211-4 et seq. of the Consumer Code on the one hand, and Article 1641 of the Civil Code on the other hand.
The guarantee does not cover:
- Abnormal or non-conforming use of the Card in relation to its intended purpose and the user documentation and this Agreement;
- Defects and their consequences related to improper use;
- Defects and their consequences related to any external cause;
- Negligence in the conservation of the Card (prolonged exposure to sunlight, exposure to water or high humidity, repeated contact with metal objects such as keys, etc.).
Any false declaration is liable to the sanctions provided by law. Any false declaration or misuse of the Card may also result in the termination of this Card SCUs and this Framework Agreement. All costs and actual expenses incurred for the forced recovery of Payment Transactions under an enforceable title are borne by the Holder.