Lydia Visa Card Terms and Conditions (“T&Cs”)
These are applicable from April 29, 2021. The previous version can be viewed at the following address https://lydia-app.com/en/info/terms-of-service-carte-visa-lydia-09122020.html.
The debit card service is distributed by Lydia Solutions (“Lydia”), a simplified joint stock company registered with the Paris Trade and Companies Registry under number 534 479 589, capitalised at €1,590,31 and established at 14 avenue de l'Opéra, 75001 Paris, France.
Lydia is registered with the ACPR, established at 4 Place de Budapest, 75436 Paris Cedex 09 France, and mandated by the SFPMEI as the Agent Service Provider for Payment Service (“PSP agent” as defined in Articles L523-1 et seq. of the French Monetary and Financial Code).
SFPMEI is the issuer of the card. SFPMEI is an electronic money institution (establishment code 17448) whose registered office is at 15 rue Laborde, 75008 Paris, France, registered with the Paris Trade and Companies Registry under number 890 111 776 and registered by the ACPR.
Hereinafter the “Issuer”,
What are the Visa Card T&Cs?
The purpose of these T&Cs of the Lydia Visa Card (the “Visa Card T&Cs”) is to define the conditions for subscribing and using a debit card, known as a “Visa Card”, linked to the Visa payment system (“Visa Network”). The Visa Card user, hereinafter “the Holder”, must be a natural person with a Lydia customer account (“Client Account”, see Lydia General Conditions)
The Visa Card is a debit card with a systematic authorisation. The Holder’s bank account, linked to the Visa Card, must have sufficient funds to carry out the payment transaction.
The Lydia Visa Card can take two forms:
- A physical card, which can be used with any merchant having a compatible method of collection or withdrawal (“Electronic Equipment”);
- A virtual card, which is a payment card number accessible via the Lydia application (“Application”). It enables payment on the Internet or mobile applications. It can also be stored on certain compatible contactless payment solutions (Apple Pay, Google Pay, etc.) to make purchases. It then enables payments in stores, via mobile contactless payment.
These T&Cs notably govern the conditions relating to:
- payment of goods and services with the Visa Card;
- cash withdrawals at ATMs;
- fund transfers to any persons duly authorised to receive funds;
- the conditions of reimbursement for unauthorised or incorrectly executed transactions and recourse for the Holder in the event of claims or disputes.
The Holder has previously accepted the Lydia General T&Cs. They wish to associate with their Lydia payment account (the “Payment Account”) with a Visa Card.
By accepting this Agreement, the Holder undertakes to use their Visa Card in compliance with the terms herein.
If Lydia or the Issuer amends these T&Cs, the Holder shall be informed thereof within 2 months of their entry into force. The Holder who refuses to accept the new T&Cs of the Visa Card must terminate their Visa Card membership within the 2 months prior to their entry into force.
When do the T&Cs cease to apply?
On the initiative of the Holder
The Holder may exercise their cancellation right within 14 calendar days from receiving the Visa Card, in accordance with Article L.121-29 of the French Consumer Code, by sending:
- a letter to Lydia Support, 137 rue d’Aboukir, 75002, Paris, France or
- an email at the address email@example.com
This cancellation does not require any justification and is without charge. The cancellation legally terminates the application of these Visa Card T&Cs .
The commencement of performance does not deprive Holder of the right of cancellation. The Holder shall be required to pay the price corresponding to the use of the product for the period between the commencement date of this agreement and the date of cancellation, to the exclusion of any other sum.
The Holder must cancel by using the form attached to the last page of these T&Cs.
The Holder subscribes indefinitely to the Visa Card.
The Holder may terminate their membership at any time, free of charge, by necessarily settling any sums owed.
For this purpose, the Holder contacts Lydia Support by email at firstname.lastname@example.org. An email is sent to them confirming the termination within 5 business days following the receipt of the termination request.
The Holder shall remain bound by the obligations herein until the effective date of termination.
The Holder may not use the Visa Card thereafter.
The physical Visa Card Holder must destroy or return it to Lydia by sending it to the Visa Card Service at 137 rue d’Aboukir, 75002 Paris, France.
The User’s Customer Account shall not be affected by that termination.
Death of the Holder
The death of Holder terminates their Visa Card as soon as it is brought to the knowledge of Lydia. Transactions carried out from the deceased Visa Card at the time of death shall, unless otherwise agreed by the heirs or the notary in charge of the estate, be treated as having been unauthorised. The Client Account is kept open during the time required to settle the estate and Lydia ensures settlement of the balance with the agreement of the heirs or notaries in charge of the estate.
If, within the three years following the death of the Holder the beneficiaries are unknown and/or have not asserted their rights, the balance of the deceased Holder shall be paid to the Caisse des dépôts et consignations.
At the initiative of Lydia
Lydia may terminate the Holder's Visa Card without charge by email notification after expiry of a 30 calendar days notice.
However, Lydia shall be exempt from the notice period and can immediately terminate it in the event of the Holder's guilty misconduct (in particular in the event of Holder's refusal to provide information or if they provide false or inaccurate material or make threats against or insult Lydia personnel) or fail to comply with one of the obligations of these Visa Card T&Cs. In this case, the Holder may be required to pay administrative or processing fees for a case (see Fees appendix)”.
Effect of termination
After termination and closing out of current transactions, Lydia disables the Holder’s Visa Card.
The closing does not deactivate any other Lydia Services.
Termination is irrevocable. If they wish to re-use the Visa Card, the Holder must request a new Visa Card.
Visa Card functions
Who can apply for a Visa Card?
To be able to obtain a Visa Card, the Holder must:
- be over 18 years old;
- obtain the status “Verified User” from the Lydia Application in accordance with the Lydia General Conditions.
The Visa Card Holder and Verified Lydia User must necessarily be the same person.
Which are the pricing conditions of the Visa card?
is subject to different pricing conditions and detailed in the Fees and Limits Appendices.
The use of the Visa Card may also result in additional charges due to the surpassing of certain limits also set forth in then Limits Appendix.
What are the characteristics of the Visa Card?
The Visa Card can be used:
- with all merchants or other sellers of goods or services, via Electronic Equipment compatible with the Visa Network;
- Globally outside countries mentioned in the list ;
- with or without contact;
- face to face or remotely.
The Holder can customize his card by having a word or an expression written on it which must comply with Lydia card customization policy.
What are the features of the card?
The physical Visa Card has a contactless payment function. The Holder may request disabling of the contactless payment functions and payment by internet from the Application.
Visa Token Service
Refunds by the Beneficiary
The Holder may receive a refund on his or her Visa Card for a good or service purchased with the same Visa Card from the seller . This reimbursement may only be less than or equal to the amount of the purchase.
For transactions that require exchanging currency, the applicable exchange rate is that in force at the date the transaction is processed by Visa, not in force at the date of authorisation of the payment. Additional costs, as explained in the "Fees & limits" appendix, may be charged.
How does the Visa Card function?
Step 1: Issuance of the Visa Card
Holder may link several Visa Cards, virtual or physical, to their Payment Account.
The Visa Card is issued by the Issuer and remains the property of the Issuer upon its issuance. The Issuer may refuse to issue a Visa Card to the Holder.
A Visa Card expires at the time when its validity date is reached:
- The physical card is valid until the date shown on the Visa Card. It is automatically renewed at its expiry, unless terminated in accordance with these Visa Card T&Cs (see "When do the T&Cs cease to apply?") ;
- The “virtual” card is valid until the date indicated in the Application. It is not automatically renewed at its expiry and may be removed from time to time, at any time, via the Lydia Application.
The Lydia user, having a "Verified User" status, can order the Virtual Visa via the Lydia Individuals Application. They must then read and accept these T&Cs and their Fee and Limits appendices. The virtual Visa Card is then instantly available on the Holder's smartphone.
A Visa Card can be ordered before obtaining the “Verified User” status but may not be used before such status is obtained.
The physical card is sent by post to the Holder at the address which they indicated at the time of the order. The Holder normally receives their physical Visa Card within 10 business days. If, once this period has passed, the Holder has not received their card, they must contact the Lydia support at email@example.com
Undelivered Visa Cards are automatically returned to Lydia. Lydia will directly contact the Holder as soon as possible to ensure that it is returned.
Step 2: Visa Card activation
A secret code is assigned by default to the Holder. The Holder may consult the secret code assigned to them and modify it as they wish from the Lydia Application. They must memorise these figures and keep it secret (see "What is the responsibility of the Holder?")
This secret code allows the Holder to authenticate as instructed by the trader’s Electronic Equipment.
To finalise the activation of a physical card, the Holder must make an ATM withdrawal.
Following the creation of a virtual card, no additional activation steps are required for use on the internet or in an application.
In order to use a virtual card in a store, via mobile contactless payment, the Holder must link it to their application for mobile payments (Apple Pay, Google Pay, etc.), under the conditions stipulated by this application.
Step 3: Execute a transaction
Use of the Visa Card to make payments or withdrawals is subject to various fees and limits specified in the Fees and Limits appendices herein.
The Holder of a physical Visa card has contactless technology at their disposal. The Holder may therefore make purchases of goods or services remotely by having their Visa Card information, without inputting their secret code, read by the seller’s Electronic Equipment.
The Holder of a physical Visa Card holder may perform cash withdrawals:
- at ATMs within the Visa Network, within the limits set out in Fees and Limits appendices herein and the funds available at the ATM;
- at a counter that accepts Visa Network debit cards, on condition of presentation of proper ID and within the limits of the funds available.
The Holder must ensure that they have a sufficient balance available prior to withdrawals.
The completion of the transaction results in the issuance of cash. The transaction is displayed immediately in the Holder’s Customer Account, accessible via the Application.
The Holder only uses their Visa Card to pay:
- purchases of goods or services;
- donations or contributions.
The Beneficiary of the Transaction must have Electronic Equipment compatible with the Visa Network, and accept the Visa Debit Card under any conditions potentially imposed by the Beneficiary.
The recipient of the funds (the “Beneficiary”) may install a priority selection mechanism for a trademark or application for payment on the Electronic Equipment. The Visa Holder may override the automatic priority selection made by the Beneficiary in their Electronic Equipment by choosing another brand or payment application, among the brands displayed as "accepted" by the Beneficiary.
The Holder may perform contactless payment transactions with their physical Visa Card. For security reasons, contactless payment is subject to maximum amounts per transaction and by the cumulative amount of retrievable transactions in the Fees and Limits appendix.
Once these limits have been reached, the Holder must enter their secret code or withdraw it in order to make the payment.
If they have linked their Visa Card to a mobile payment application (Apple Pay, Google Pay, etc.), the Holder can perform mobile contactless in-store payment transactions . Maximum limits of amounts by transaction and cumulative amounts of transactions may be applied by the providers of these mobile payment applications, in addition to the limits applied by Lydia.
The payment transaction is available immediately on the Lydia Individual Application, via the Holder’s Customer Account. The Holder Payment Account is debited by an amount equal to the transaction under the terms of the corresponding bank deposit account agreement.
The Holder acknowledges the fact that the trader of the good or service may require the available balance to exceed the value of the transaction that they wish to make e.g., for rental of a vehicle, or upon payment to an automated service station. The funds held as security will be frozen by the trader and only the real value of the transaction will be effectively reduced. For this type of transaction, the Holder must therefore systematically ascertain, before each transaction, that their balance and available balance is sufficient to settle the good or service, as well as provide the warranties required by the trader.
Transfer of funds
The Holder may order a transfer of funds to a duly authorised Beneficiary. The conditions applicable to this transfer are those imposed by the Beneficiary.
How to monitor transactions made with the Visa Card?
The Holder can monitor the transactions made with their Visa Card directly on the Lydia Individuals App. They may, on request to Lydia Support at firstname.lastname@example.org, obtain a statement of transactions in electronic form or on paper.
The Holder is invited to verify the information contained therein in order to assert their rights as soon as possible if necessary (see "What to do in the event of unauthorised or incorrectly executed transactions?").
What to do in case of loss, theft or fraudulent use of the Visa Card?
Upon becoming aware of the loss, theft or fraudulent use of their Visa Card, the Holder can:
- if applicable, connect to their Customer Account via the Application and block their Visa Card manually;
- ask Lydia Support to immediately block their Visa Card, by email at email@example.com or by phone at +33 (0)1 82 88 11 69, from Monday to Saturday from 9:00 am to 7:00 pm.
Lydia cannot be held liable for the consequences of a request for blocking, in any form whatsoever, which does not emanate from the Visa Card Holder.
Blockage of the Visa Card via the Application is temporary. The Holder may request definitive blocking from support at the email address firstname.lastname@example.org
In order to continue using the Visa Card services, the Holder may obtain a new Visa Card via the Lydia App:
- Creating a new virtual Visa Card;
- When ordering a new physical Visa Card.
What to do about unauthorised or incorrectly executed transactions?
The Holder shall, without delay, notify Lydia of the unauthorised or incorrectly executed transactions which they dispute, at the latest, within 13 months following the date of debit of their Payment Account.
The challenge of said transactions must be via email to email@example.com or by registered letter with acknowledgement of receipt at the following address: Support Lydia, 137 rue d'Aboukir, 75002 Paris.
The Holder shall be requested to complete a form to detail its situation. Once the legitimacy of the dispute has been established, Lydia reimburses the Holder, at the latest, on the business day following receipt of the dispute, an amount equal to the amount of the disputed transaction in good faith by the Holder (see "What is the responsibility of the Issuer and Lydia? > Repayment").
The Holder must be able to provide evidence of their good faith in presenting to Lydia or the Issuer documentation of their absence of consent. The Issuer's refusal to provide such proof may result in the Issuer's cancellation of the reimbursement.
How does Lydia ensure the Card's security?
Personalised security device
Each Holder of a physical Visa Card is assigned a personal security code, in the form of a personal code (see Lydia manual > Security code). If requested by the Holder, this code must be available on the Electronic Equipment of the trader of any good or service. The Visa Card is blocked if an erroneous secret code is successively entered three times. To unblock their Visa Card, the Holder must contact support at firstname.lastname@example.org
A physical or virtual Visa Card Holder acknowledges that use of the personalised security device is doubled, for certain transactions, with a security procedure, intended for strong authentication of the Holder. After three unsuccessful attempts, the payment transaction is cancelled. The Holder acknowledges having been informed of the possibility of additional fees imposed by carriers of the payment security data, such as the fees charged by their mobile operator or bank. These fees are payable by the Holder.
The Holder must take all appropriate measures to ensure the security of their Visa Card and their confidential code. They must therefore keep their code secret and not communicate it to anyone. They must not put it on the card or on any other document. Every time they input or enter their unique username, the Holder must ensure it secrecy.
Communications with the Lydia Service occurs only through secure channels. For instance, Lydia never asks for confidential data via a website. It is recommended that the Holder be suspicious about requests for confidential data and not to provide it and contact Lydia support at the email address: email@example.com.
Temporary deactivation of Visa Card and its functions
The Holder may at any time temporarily deactivate the Visa Card via the Application.
The Holder is also free to deactivate and to reactivate the functionalities of their Visa Card at any time , which are:
- payment abroad;
- payment via internet;
- withdrawal of money from ATMs;
- contactless payment.
When can a Visa Card be blocked?
Once a transaction exceeds a blockage limits specified in the Limits appendix, the Visa Card of the Holder is temporarily blocked.
Lydia may also block transactions carried out using the Holder's Visa Card:
- in the event of a presumption of an unauthorised or a fraudulent transaction;
- in the event of a seeming or increased risk that the Holder, as payer, is unable to discharge their payment obligation;
- if it is found that the Holder is in breach of this agreement or the Lydia General Conditions.
In this case, the user will be notified of the refusal of payment by notification in the Application at best prior to the refusal or at the latest immediately thereafter, unless prohibited by other European Union or national legislation.
For any claim regarding the blocking of Visa Card transactions, the Holder may contact the Lydia Support at the following email address: firstname.lastname@example.org
Anti-Money Laundering and Combating the Financing of Terrorism
In accordance with the provisions of Articles L.561-2 et seq. of the French Monetary and Financial Code, relating to the participation of financial institutions in the fight against money laundering and terrorist financing, the Issuer as an electronic money issuer and Lydia as PSP agent, are bound by certain obligations.
In particular, they may perform all due diligence necessary for the identification of the Holder and the Beneficiary. They may also inform the Holder of the object and origin of the funds received and their destination.
The Holder undertakes to carry out any due diligence necessary to enable Lydia and the Issuer to carry out a thorough examination of the transactions, to inform them of any exceptional transaction compared with transactions usually carried out with their Visa Card and to supply them with any required documents or information.
The Holder acknowledges that Lydia or the Issuer may terminate or postpone at any time the sending or activation of the Holder Visa Card or the execution of a transaction in the absence of sufficient documentation.
Thus no proceedings based on Article 226-13 of the French Criminal Code nor proceedings in civil liability may be brought against Lydia or the Issuer, their managers or their employees who have made in good faith the declarations referred to in Articles L.561-15 et seq. of the French Monetary and Financial Code.
Responsibilities of the Parties and rights of the Holder
How does Lydia use the Holder’s personal information?
Lydia attaches great importance to the protection and respect of the Holder’s privacy. Therefore, a Personal Data Protection Policy was put in place to present:
- the way Lydia collects, uses and shares personal data transmitted directly by the Holder and/or is collected indirectly by Lydia during use of the Lydia Service by the Holder;
- the rights of Holders.
According to anti-money laundering and anti-terrorist financing legislation, Lydia is required by French law to retain in intermediate archiving (restricted access, intermediate step before deletion) for five years from the date of termination of this Agreement or the termination of their contractual relations:
documents relating to the identity of regular or occasional Holders;
documents and information relating to the transactions carried out by the Holder.
For more information, the Holder may refer to the Lydia Personal Data Protection Policy and to the Issuer's Personal Data Protection Policy.
What are the responsibilities of the Holder?
Veracity of personal information
The Holder undertakes to provide, upon request, to Lydia and the Issuer, all information necessary to verify their identity and transactions. The Holder attests to the truthfulness of the information they provide to Lydia and the Issuer.
As a reminder, the use of forged documents is subject to and sanctioned under Articles 441-1 et seq. of the French Criminal Code. The Holder who uses forged documents will be penalised by the termination of their Visa Card and be reported to the competent authorities.
Strictly personal Visa Card
The physical and virtual Visa Cards and their numbers are strictly personal. The Holder must not assign them, whether for payment or free of charge, or transfer them to a third party, including a close relationship, or dispose of any such transfer in any way whatsoever.
The Visa Card Holder must sign the Visa Card in the space on the back of the Visa Card provided for this purpose. Failing this, its use may be refused.
Similarly, a Customer Account is strictly personal. The user of a Customer Account is therefore obliged to refrain from requesting the issuance of a Visa Card for a third party.
Duty of care
The Holder must take all appropriate measures to ensure the security of their Visa Card number. Therefore they must not communicate it, by any means whatsoever, on a document or other media if it is not necessary for the completion of a payment. Each time that they provide their Visa card number to make a payment, the Holder must ensure their privacy.
When the Visa Card Holder undertakes a face-to-face payment transaction, entering the secret code, they must ensure that the Electronic Equipment is approved by the Network in checking the Visa logo.
Similarly, in the event of remote payment, on the internet for example, the Holder must be vigilant while ensuring that the payment platform used by the trader is secure.
Lydia and the Issuer are not liable for any loss due to a technical breakdown of the payment system if it is reported to the Visa Card Holder by means of a device or other visible message.
The Holder undertakes not to use their Visa Card for the purchase of services or products prohibited by law. In addition, the Holder undertakes to make normal use of the Visa Card, to carry out transactions for which it was intended (see the Visa Card function > Phase 3: Executing a transaction).
In addition, the Holder is prohibited from affixing adhesive or sticker labels or carrying out any markings on the Visa Card with the exception of the signature mentioned above. The Holder undertakes not to functionally or physically alter the Visa Card at all that could interfere with its operation or that of electronic equipment, automatons, or ATMs.
Before any payment or withdrawal transaction, the Holder shall always ensure, before each transaction, that the balance of their account is sufficient and available to execute the transaction and shall hold it until the transaction is carried out.
The Holder undertakes to comply with any payment order made with their Visa Card. The existence of a dispute between the Holder and a third party, due in particular to the non-conformity of the good or service being sold, may not justify refusal to honour a payment order. The Holder shall only be liable for any consequences that may arise from an insufficient or unavailable bank balance.
If, for any reason, a transaction is debited and results in a negative balance of the Visa Card Payment Account, the Holder must credit the Payment Account so that the account balance becomes zero or positive. The Holder shall be notified and receive an invoice to be paid immediately. If the Holder does not immediately pay this amount after receiving the invoice, Lydia and the Issuer reserve the right to take all necessary measures, including legal ones, to recover the amounts due.
All actual costs and expenses incurred in respect of forced recovery by virtue of an enforceable title to the transactions shall be borne by the Holder.
Final payment order
The Holder may not revoke their consent once the payment order has been received by the Beneficiary's service provider.
The Visa Holder gives their consent to enter into a payment transaction before or after determination of the amount, by:
- entering their secret code on the keypad of a ATM or electronic equipment, by checking the Visa Card's logo, as it appears on the Visa Card;
- the insertion of the Visa Card in Electronic Equipment without keypad equipment used for the inputting of the secret code;
- the communication and/or confirmation of Visa Card data, if applicable via a digital wallet approved by the Visa Network;
- the communication or use of any personalised security data during a payment transaction;
- the handwritten signature on the tickets issued by the Electronic Equipment to the Beneficiary as well as the Visa Card Holder;
- the presentation and maintenance of the Visa Card in front of a device which identifies the presence of contactless technology. These events are also valid when the Visa Card is electronic and integrated into another medium (such as a mobile phone for example);
- The use of a biometric device (e.g.: digital fingerprint sensor on the mobile phone of the Visa Card Holder).
When the Holder provides their banking data in the context of a series of payment transactions, they give a single consent for all transactions.
The Visa Card Holder who faces insolvency proceedings or liquidation proceedings cannot revoke their consent to a payment order.
What are the responsibilities of the Issuer and Lydia?
Warranty against hidden defects
At any time, the Issuer undertakes to exchange defective Visa Cards. If you receive a defective product, the Holder must contact Lydia Support at email@example.com. Support will remotely try to help the Holder resolve the malfunction. If remote resolution is impossible, Lydia may then request that the defective product be returned to the Issuer by post, and a new Visa Card shall be addressed to the Holder.
A Visa Card incorrectly declared defective will be returned to the Holder in assuming their management costs, which shall be invoiced to the Holder. In any event, the Holder benefits from the legal guarantees of conformity and hidden defects, in accordance with Articles L. 211-4 et seq. of the French Consumer Code on the one hand, and Article 1641 of the French Civil Code, on the other hand.
The guarantee does not cover:
- the abnormal or non-compliant use of the Visa Card in relation to its destination and use documentation and these Visa Card T&Cs;
- defects and their consequences related to non-compliance;
- defects and their consequences in relation to any external cause;
- negligence in the preservation of the Visa Card (extended exposure to the sun, exposure to water or high humidity, contacts repeated with metal objects such as keys, etc.).
Proper execution of payment orders
Lydia and the Issuer are responsible for the proper execution of payment orders, from their issuance by the Holder to their transfer to the Beneficiary's bank account.
As part of a SEPA transfer, which implies that the Beneficiary should also have an account domiciled in the European Economic Area, the Issuer executes the transfer order within one business day following the payment order.
Lydia or the Issuer may not be held liable for the incorrect execution of a transfer if the transfer order is incomplete. Lydia or the Issuer shall notify the Holder of the incomplete transfer order as soon as possible.
Lydia and the Issuer are responsible for the direct losses incurred by the Visa Card Holder due to the malfunction of the system on which the Issuer has direct control.
In the event of an incorrectly executed transaction due to the Holder, Lydia endeavours to trace the transaction and notify them of the result of their research, at the Holder's request and without Lydia’s liability, so long as it complies with their own obligation.
Lydia does not cover any financial loss in case of gross negligence of the obligations referred to herein or from the Holder's fraudulent behaviour.
Lydia cannot be held responsible in the event of a force majeure event (an external, unforeseeable and irresistible event as defined by Article 1218 of the Civil Code).
In the event of an incorrectly executed transaction caused by Lydia or the Issuer, Lydia or the Issuer shall without delay return to the Holder the amount of the transaction in question or correct the error and, if necessary, reinstate the Holder's bank account in the situation that would have prevailed if the transaction had not taken place.
In the event that a transaction has been carried out without the Holder’s permission and prior to the Holder’s request for blockage, Lydia shall assume responsibility, excluding the deductible of 50 euros, payable by the Holder, with the exception of the cases stipulated in article L.133-19 of the French Monetary and Financial Code.
Lydia and the Issuer therefore have the obligation to reimburse the Holder:
- the amount of debits disputed in good faith by the Visa Card Holder in the event of loss and/or theft, fraudulent use or misappropriation of their Visa Card and related data, for transactions occurring before the fraud claim (or blocking) (see "What to do in case of loss or theft of the Visa Card?");
- the amount of all disputed payments in good faith by the Visa Card Holder, for transactions occurring after the fraud claim (or blocking) (see "What to do in the event of loss or theft of the Visa Card?");
- The amount of all debits corresponding to any executed transactions.
In the event of the theft or fraudulent use of the Visa Card or the diversion of data related to its usage, Lydia or the Issuer may request a receipt or a copy of a filed complaint from the Visa Card Holder. The request is not a condition for the repayment of the disputed transactions.
If, after repayment, the Issuer obtains proof that the disputed transaction was properly authorised by the Holder, the Issuer proceeds to the reversal of the wrongly made refund, which the Holder shall accept in advance.
The Holder may also obtain the refund of an authorised payment transaction within the European Economic Area, if the exact amount of the transaction was not indicated and the actual amount of the transaction exceeds the amount to which the Holder could reasonably be expected. The Holder must in this case challenge the transaction within 8 weeks from the debit of the payment order. The Holder shall provide Lydia or the Issuer all documentation relating to the transaction necessary to examine the legitimacy of the request. Within 10 (ten) days of receipt of the request, Lydia or the Issuer shall accept repayment or warrant their refusal to proceed and the Holder's ability to contest this decision with the Issuer's Mediator (see "How to appeal in the event of a dispute? > Litigation between the Holder and Lydia > Jurisdiction").
Lydia or the Issuer may refuse to issue the reimbursement in the event of suspected fraud.
Service continuity and malfunction
Lydia will make its best efforts to ensure the continuity of the Service. However, Lydia cannot be held liable in respect of the Holder in the event of malfunction, error or interruption of the Service until it has taken all the necessary measures at its disposal to remedy the malfunctions.
The Holder acknowledges that its access to the service may be occasionally limited to permit correction of errors, maintenance or the introduction of new features or services.
Lydia cannot be held responsible for any network malfunctions, which it does not control.
Transactions and personal data are covered by professional secrecy for which Lydia is responsible. However, to meet legal and regulatory obligations, Lydia is sometimes required to provide information to legally authorised judicial or administrative authorities.
How to contact Lydia for claim purposes?
Any claim relating to these Visa Card T&Cs is to be made by the Holder to Lydia's Claims department at the following address:
- Post: Claims department, 137 rue d'Aboukir, 75002 Paris, France;
- Email: firstname.lastname@example.org
Focussing on quick processing of complaints and in a logic of environmental preservation, Lydia promotes the answers to complaints by email or telephone, rather than on paper.
In the event of a claim and if no agreement could be reached with the Claims department or in the absence of a response within 15 working days, 35 days if the response is outside the control of Lydia, the Holder may bring the matter before the competent court (see "17. What remedies in the event of a dispute? > Jurisdiction").
Lydia grants to the Holder a personal, non-exclusive, non-transferable and terminable Visa Card, mobile applications and the Lydia website for the sole purpose of using Lydia’s Service. The Holder acknowledges that the only usage of the Visa Card, these mobile applications and Lydia's internet site does not allow it to claim intellectual property rights in any way on them. Lydia keeps the exclusive ownership of rights attached to the Visa Card, mobile applications and Lydia’s Internet site, and all their content, including names, brands, domain names, logos or other distinctive signs. The reproduction of these elements is permitted only for purposes of information or reproduction for strictly private use.
What remedies in the event of a dispute?
Between the Holder and a third party
Lydia and the Issuer are immune to any commercial dispute which may exist between a third party and the Holder.
Consequently, Lydia does not include any dispute relating to the products and services sold, cancellation or reimbursement of purchases made from a third party.
The Holder shall directly contact this third party for any dispute relating to the sale of the good or service in question.
Between the Holder and Lydia
Burden of proof
Evidence that a transaction, made via the Visa Card by the Holder, has been authenticated, duly recorded and recorded in accordance with the state of the art and that it has not been affected by a technical deficiency encumbering Lydia and the Issuer. The Holder may provide by any means proof to the contrary, and it is therefore advisable to retain the supporting documents of the transactions (account statements).
The law applicable to these Visa Card T&Cs is French law.
In the case of any dispute which is not resolved by means of a claim relating to the Visa Card or Payment Account, the execution, performance, interpretation, validity and application of this Agreement and prior to any legal action, Holder may submit a claim directly to the SFPMEI Mediator by post to the following address: The mediator of the Financial Companies Association 75 854 Paris Cedex 17 France.
In the absence of an amicable settlement, the competent courts shall be French courts.
As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including this agreement, affects your rights as a consumer to rely on such mandatory provisions of local law.