SECTION I – GENERAL CONDITIONS APPLYING TO ALL PRODUCTS AND SERVICES OFFERED BY BANQUE TRAVELEX S.A.
We are a credit institution incorporated under French law, accredited by the Autorité de Contrôle Prudentiel et de Résolution [Prudential and Resolution Supervision Authority] (ACPR, 61 Rue Taitbout, 75436 Paris cedex 09), that is subject to monitoring by that authority, specifically in relation to compliance with the regulations on customer protection. We are also subject to supervision by the Central European Bank (CEB) in relation to Our financial soundness and supervision by the Autorité des Marchés Financiers (AMF) [French Financial Markets Authority] due to Our accreditation as a provider of investment services.
We, Banque Travelex S.A., are a joint stock company (société anonyme) with a capital of €53 599 842.00, registered with the Nanterre Trade and Companies Register (R.C.S.) under no. 389.585.233, having its registered office at 17 Route de la Reine, 92100 Boulogne Billancourt.
This document constitutes the general conditions applying to all products and services within the framework of the relationship between Ditto, a registered trademark of Banque Travelex S.A., and any person who applies for or holds an account with Ditto.
1.2.1 Unless We decide otherwise, acceptance of the General Conditions is by way of electronic signature: After having completed the identification process and provided Your mobile telephone number, You will receive a unique code. After having entered that code, You will have access to the General Conditions, which You can accept by way of electronic signature.
1.2.2 Only individuals of age having a Domicile within the territory where We are authorize to operate and approved by Us, are eligible to open an Account and use the various related services.
1.2.3 You must provide certain documents in order to prove, in particular, Your identity and Your Domicile. You are informed of the list of such documents and information when you apply to open the Account.
1.2.4 We reserve the right to request any additional documents in order to assess the application.
1.2.5 We consider the Account as having been definitively opened after the banking of the initial deposit, the minimum amount of which You will be informed of when You apply to open the Account and after You have satisfied the necessary verifications.
1.3.1 The opening of one or more Accounts with Us is subject to acceptance of a subscription (‘the Subscription’). The Subscription enables You to access all of the services that We offer.
1.3.2 The cost of the Subscription will be sent to You in a separate document. The said amount is likely to vary and You will be provided with the table of rates that is available in your Customer Interface.
1.3.3 The cost of the Subscription will be deducted from your Your Third Party Account if the latter is in Euros and opened in a bank within the SEPA zone.
1.3.4 In default, the cost of the Subscription will be directly deducted from Your Reference Account. The deduction will be made on the fifth of each month. If the fifth of the month is not a Business Day, the deduction will be made on the first following Business Day.
1.3.5 The cost of the Subscription will be paid by You pro rata the number of days remaining for the month of Your Subscription.
1.3.6 In the event of a Subscription during a month (‘the Month N’), the amount due for Month N will be deducted on the fifth of month N + 1, in addition to the cost of the Subscription for month N + 1.
2.1.2 that the information and/or documents that we have been sent are exact, valid and up-to-date; and
2.1.3 more generally, You have the duty to send us all appropriate, up-to-date, information so that you are able to assure Us of the correctness of Your personal information with respect to Your financial situation. You authorize Us to use the change of address form issued by any Third-Party Service Provider responsible for sending letters, such as La Poste, to update Our information.
2.2.1 the purpose of the operations carried out in Your Account is not speculative and that You are aware that the conversion of Your funds into foreign currency can lead to losses due to changes in the exchange rate; and
2.2.2 You are the effective beneficiary of the sums deposited in Your Accounts.
2.3 Lastly, for the requirements of these General Conditions, You undertake to be contactable, in particular by telephone and/or email.
2.4 As a result of the provisions of this paragraph 2, if We are unable to contact You for any reason whatsoever, We cannot be liable for any losses suffered in the context of the operations and/or decisions taken by Our services; except in the event of proven fault or error attributed to Our services.
4.1 At Your request, a representative can manage Your Accounts via a power of attorney. However, only You have the right to close an Account or not agree to the General Conditions.
4.2.1 prove his/her identity and Domicile;
4.2.2 date and sign the power of attorney given to him/her; and
4.2.3 not be the subject of any court prohibition on issuing cheques.
4.3 Any power of attorney must be sent the following address: email@example.com
4.4 We reserve the right to refuse any representative or end the power of attorney at any time.
4.5 The power of attorney remains valid until We receive specific notice by letter that it has been revoked. It also ceases in the event of death.
4.6 Revocation leads to the immediate termination of any possibility for the revoked representative to carry out any operations of any kind in Your Accounts. When giving the representative notice of his/her revocation, You must immediately take all appropriate measures (changing username and Keys, etc.) to prevent him/her from having access to Your Accounts.
4.7 We reserve the right to request that You confirm in writing all instructions that We have been sent by the representative on Your behalf. You must provide such confirmation on first request by Us.
5.1 We will invoice You for any incidents relating to Your Account (such as insufficient funds, rejection of the operation and any banking prohibition) at the cost stated in the Rates. Your Account may, depending on its type, be the subject of enforcement measures, in compliance with the applicable laws, such as attachment, notification to third party holders or garnishee orders.
5.2 We inform You that attachments, garnishees and notifications to third party holders render unavailable all assets in cash held in your name in France with Us as at the date of the enforcement measure, even if the amount of the debt under which the attachment has been applied is less than the blocked assets.
5.3 As a result of the above, You will no longer have the possibility of undertaking transactions in Your Accounts or making payments in application of these General Conditions.
5.4 Pursuant to Art. L.162-2 of the (French) Code of Civil Enforcement Procedures, if You are the subject of a garnishee, notification to third party holders or attachment order, we will make available to You a sum for daily expenses of an amount that is equal to the minimum inclusion income support (RSA), up to the limit of the credit balance in the Account on the day on which We received the attachment order, except in the event that more than one account has been opened with other credit institutions, the process server/bailiff or accountant responsible for the debt collection then nominating another credit institution for such purpose.
5.5 If the sums made available to You cannot be obtained for the purposes of the attachment order, they may be deducted from pending transactions. In the event of more than one account, sums for daily expenses will be made available to You in priority from any current account or accounts.
5.6 After a period of 15 Business Days from the day after service of the attachment order (or one month if there are any discount notes), that part of the blocked funds that exceeds the amount seized will be made available to You. The costs of any attachment or notification to third party holders will be payable by You.
6.1 The information and optional data (in particular, financial data) displayed via the Customer Interface:
6.1.1 is purely informal in nature;
6.1.2 does not constitute personalised advice or recommendations by Us;
6.1.3 is not to be substituted for expert opinions or advice for the requirements of these conditions; and
6.1.4 may be modified or may subsequently evolve without notice by Us.
6.2 We would like to draw Your attention to the fact that We and Our partners decline any liability, other than in the event of proven fault by Us:
6.2.1 for any use of information and data collected in the context of these General Conditions that may cause you any loss;
6.2.2 for any error or delay in the sending of information and data via the Customer Interface; and
6.2.3 in relation to the contents, correctness, reliability, precision, relevance and exhaustivity of the information and data contained in or disclosed via the Customer Interface in any form whatsoever,
7.1.1 Our services are accessible 24 hours a day, seven days a week via the Customer Interface, subject to the provisions of these General Conditions that relate to the suspension of the system at restricted opening hours or the availability of support services offered by Us or Third-Party Service Providers.
7.1.2 In the event of difficulties in accessing Our services, You can access Our customer assistance service (‘Customer Services’) via
(A) the‘Customer Services’ option in the Customer Interface;
(B) (by telephone; or
(C) by in-mail.
7.1.3 Operations are exclusively carried out via the Customer Interface.
7.1.4 Our Customer Services will not carry out any transactions, even if instructed by You.
7.1.5 You expressly agree that Your telephone conversations with Customer Services can be recorded and that such recordings may, if applicable, be proof in the context of Our contractual relationship.
7.1.6 We will keep telephone recordings for a maximum period of two years, in compliance with the current regulations.
7.2.1 A temporary suspension of Your access to the Customer Interface or, more generally, Our remote banking services, may be caused or justified by various factors, such as:
(A) the guaranteeing of the security of the system or the protection of Your/Our interests;
(B) any event or technical problem that renders necessary maintenance work, inspections, repairs and/or improvements;
(C) compliance with the applicable regulations; and
(D) any force majeure event that renders the Customer Interface non-operational
7.2.2 We decline any liability for damage caused by the events referred to above, such as the loss of an exchange opportunity (for example, the fact of having lost the possibility of carrying out an exchange operation at a more favourable rate).
7.2.3 We undertake to limit such suspensions where possible and to inform You as soon as possible of any dysfunction and its estimated duration. A force majeure event or, more globally, any technical incident may, however, prevent Our services from giving You notice.
7.2.4 Access to Our services may be suspended or stopped if We consider that it is appropriate or necessary in order to protect Our/Your interests or to guarantee the security of the system, in particular if:
(A) You inform Us of the risk of a fraudulent use of the Keys.
(B) You do not comply with Your legal or contractual obligations, such as providing the proof of identification that is requested.
(C) You reach the maximum number of incorrect identifications.
(D) We consider that the services referred to are not appropriate for the use you intend using them for.
8.1 After Your identification pursuant to a username and secured code (the ‘Keys’), You will access Your personal, secure, area where you will find the products and services that You have subscribed to. The username and secured code are strictly personal and confidential.
8.2 In relation to which:
8.2.1 You acknowledge that the entering of the Keys is the equivalent of a handwritten signature and is, consequently, acceptance of the operation being carried out, the information that has been sent to You and any other elements relating to the said operation or information.
8.2.2 You undertake to take responsibility for consequences of any operation that has been thus validated.
8.3 You undertake to immediately inform Us (by telephone or email) of any fraudulent use of the Keys by any other person. Within the limits of the opening hours of Customer Services, We will deactivate the Keys the subject of the theft or loss as soon as possible.
8.4 Anything written electronically that contains consecutive letters, characters, numbers or any other signs or symbols having an intelligible meaning constitutes proof in writing, which has the same evidentiary value as anything written on paper.
8.5 Anything written electronically by Our Third-Party Service Provider responsible for the certification of the electronic signature will prevail over anything written electronically by You, unless You prove the absence of reliability or authenticity of the documents produced by Our Third Party Service Provider.
9.1 Communication media: We will send You Your bank statements and any other documents associated with Our Services by electronic means, in compliance with the applicable regulations.
9.2 Frequency: You will receive:
9.2.1 Your bank statement every month; and
9.2.2 each January, a summary of the sums that You paid during the previous calendar year for the management of Your Account. This annual summary of costs identifies:
(A) the costs and expenses incurred (detailing the categories of products or services associated with the management of Your Accounts);
(B) the subtotal of expenses received and the corresponding number of products or services.
10.1 The signing of these General Conditions includes your acceptance of the Rates. The General Conditions and the Rates apply to the products and services that We offer You.
10.2 You are provided with the Rates when opening an Account and they can be consulted from the website and/or Your Customer Interface.
10.3 The commissions and costs will be subject, if applicable, to any current taxes.
10.4 Exchange operations give rise to the application of:
10.4.1 an exchange right calculated with reference to the average market rate. We cannot be liable for rates that are manifestly erroneous if We received such rates from a third-party entity (in particular, a payment card distribution network), unless it is proven that We are at fault,
10.4.2 an exchange margin, the amount of which is determined by the Rates.
10.5 You acknowledge that you have read the Rates and accept the conditions and their reviewable nature. You accept and authorize, in application of these Conditions, that any sum that You may owe can be directly deducted from Your Reference Account or from payments that You receive. It should be noted that:
10.5.1 In the event of a specific or uncommon service, We may charge other costs and commissions, subject to Your prior approval.
10.5.2 All transactions that lead to an operational incident in the Account (payment incident, opposition or seizure) are subject to the Rates.
10.6 Pursuant to the current regulations, You will be informed by electronic means of any intended changes to the Rates at least 2 (two) months before the intended date of application. You are deemed to have accepted such change if You do not dispute it within a period of 15 (fifteen) days after having been informed of it. Such intended change may be sent to You on any durable medium.
11.1 In order to assure Us that You comply with Your financial obligations, You acknowledge that We have a right to withhold that enables Us to block the sums recorded in Your Account or Accounts until full payment of the sums that We are owed.
11.2 You specifically authorise Our services to implement Our request for set-off:
11.2.1 between Your various Accounts of any kind where any of the Accounts has an non-authorised debit balance, i.e. a debit balance where no overdraft has been authorised for such Account, or a balance that is less than the amount of the authorised overdraft where such authorisation has been given for that Account;
11.2.2 that will be effectuated by way of transfer(s) from one or more of Your Accounts that has a credit balance to the Account that has a non-authorised debit balance, it being noted that We will transfer an amount that is equal to the non-authorised debit balance or, if provided otherwise by law or regulations for such Account, a transfer by rounded tranches (tens, hundreds, etc.), in which case the amount transferred will be the closest possible to the total non-authorised debit balance.
11.3 For the requirements of the exercising of the right to set-off, it is noted that:
11.3.1 We have a discretionary right to action the set-off without any counterparty by Us.
11.3.2 The non-exercising of the right to set-off cannot give rise to any waiver of any rights by Us.
11.3.3 We do not have any obligation to inform You of the set-off.
11.3.4 You acknowledge that the right that We benefit from does not generate, in consideration, any obligation and, specifically, no fault can be claimed if We do not carry out the set-off.
12.1 These General Conditions apply for an indeterminate period.
12.2 The current General Conditions are available in the Customer Interface or on request to Customer Services. We reserve the right, under the conditions in paragraph 12.3 below, to:
12.2.1 Modify or end a product or service and, as applicable, inform You within a reasonable period if Your operations will be affected by the said modifications.
12.2.2 Periodically modify the General Conditions in compliance with any applicable regulations.
12.3.1 We will inform You of the modifications to the General Conditions by electronic means (in particular, via the Customer Interface, by email or attached to the bank statement) at least two months prior to the intended date of application.
12.3.2 You acknowledge that the absence of dispute by You before the date of application means that you accept the modifications.
12.3.3 In the event of a refusal to accept the modifications, You have the right to terminate, without cost, the Account agreement prior to the date of application of the modifications. In default of termination within such period, the modifications will be enforceable on You.
12.4 If any provision of these General Conditions is declared by court to be invalid, it will be deemed to be null and void without, however, the nullity extending to all of these General Conditions, which will continue to apply (except in relation to clauses considered to be essential for the continuation of these General Conditions).
12.5 You unreservedly accept that Your Account agreement can be transferred, in particular in the context of a merger/takeover operation, to an entity having the necessary bank approvals for the requirements of the application of these General Conditions.
13.1 We assume an obligation to implement all measures necessary to execute these General Conditions. We can be liable to You only for losses that have been caused by a fault that is directly attributable to Us.
13.2 Our credit institution and Our Third-Party Service Providers are exempt from any liability for losses caused by a force majeure event that may, in particular, result from:
13.2.1 malicious acts;
13.2.2 a prohibited use of Our services;
13.2.3 the suspension of telematic means of communication (telephones and other electronic means of communication, etc.) between Our services and You and/or Our Third-Party Service Providers;
13.2.4 services offered by third parties, even via Our system;
13.2.5 any modifications to any applicable legal or regulatory requirements or any court orders against you;
13.2.6 partial or total strikes, whether internal or external to Our credit institution; and
13.2.7 any natural disasters (in particular, earthquakes, storms, flooding).
13.3.1 the correct functioning of any telephone and other equipment used to access the services, their use and any related adaptation, installation, maintenance, operating, updating, improvements or repairs;
13.3.2 compliance with Your obligations under these General Conditions; and
13.3.3 the contents of messages sent by You;
13.4.1 We undertake to take all measures necessary in order to resolve any dysfunction of Our Services as soon as possible.
13.4.2 You specifically agree that We and Our service providers can authorise a Third-Party Service Provider to (fully or partially) carry out all operations that You have ordered.
13.4.3 You take full liability for the computer equipment, software and, more generally, any equipment in your possession that gives You access to Our services if it is not provided by Us. In such context, all costs associated with the maintaining, adaptation or installation of Your equipment is Your personal and exclusive responsibility.
14.1 For the requirements of the provision of Our services in application of these General Conditions, You acknowledge and unreservedly agree that We may obtain personal information about You and process it in a computerised manner pursuant to the provisions of Law 78-17 of 6 January 1978 on computers and data protection, as amended.
14.2 Such information is obtained for the following operational purposes: management of the banking relationship, classification of the clientele, granting loans, prospection subject to Your prior written consent, marketing and statistical studies, risk evaluation, security and the prevention of outstanding debts and fraud, debt collection, the prevention of money laundering and the financing of terrorism and all legal and regulatory obligations that We are currently subject to.
14.3 The personal information is protected by the professional secrecy that we are subject to, it being noted that, in compliance with and subject to the provisions of Law 78-17 of 6 January 1978:
14.3.1 Your personal information may be provided to third parties for the requirements of managing Our services and to satisfy Our legal and regulatory obligations. You specifically authorise Us to provide Your personal information to Our service providers;
14.3.2 if Your personal information is used for commercial prospection purposes, You have the right to oppose any method of commercial prospection that you are the subject of (email, telephone, SMS, etc.); and
14.3.3 You can be sent, obtain a copy of and, if applicable, rectify the information that relates to You; and
14.3.4 14.3.4 You can oppose the processing of such information on legitimate grounds or You can oppose it being provided to third parties or used for commercial prospection. it being specified that You can exercise these rights simply by sending a letter to Our postal address, noted below, for the attention of the Correspondant Informatique et Libertés (CNIL) [Computers and Data Protection Correspondent]:
Banque Travelex SA
17, route de la Reine
Attn: Compliance Department
The exercising of the right to access in relation to processing carried out in the context of the prevention of money laundering and the financing of terrorism is made to the CNIL.
14.4 Your personal information may be given, if applicable, to official organisations and administrative or judicial authorities, in particular in the context of the prevention of money laundering, the financing of terrorism and all legal and regulatory obligations that We are subject to under the current regulations.
14.5 Pursuant to the current regulations, We remind You that We can keep any documents or proof that We have been sent in order to satisfy our legal obligations.
15.1 Pursuant to the laws relating to the prevention of money laundering and the financing of terrorism, We are under a duty of vigilance with respect to all of Our customers.
15.2 We are obliged to obtain information and relevant proof prior to certain operations in order to comply with the applicable regulations. These may be operations (without this list being exhaustive):
15.2.1 for an amount that appears to Us to be abnormal having regard to your previous operations and/or the use that can be reasonably expected by Our services of Your Account;
15.2.2 does not appear to have been made from Your own Account; and/or/p>
15.2.3 appears to Us to be unusually complex and/or not having any lawful purpose or financial justification.
15.3 Before commencing Our relationship, We ensure that We obtain all necessary information about You.
15.4 During the business relationship:
15.4.1 We may subject the access to certain services to new requirements in terms of information and/or documents
15.4.2 We may subject the carrying out of any operation to the provision of information and/or documents that We consider necessary in order for Us to satisfy our obligations in relation to money laundering and the financing of terrorist activities. You undertake to comply with the applicable regulations, in particular by providing Us with all information or justifications that We request.
15.5 We have the right to refuse to carry out certain operations, in particular transactions to or from countries at risk, due to risks associated with, in particular:
15.5.1 financial criminality or the financing of terrorism; and
15.5.2 political risks due to, for example, international embargo decisions.
15.6 Lastly, You certify that you are the economic rights holder and effective beneficiary of the assets that You entrust to Us.
16.1 Pursuant to the applicable law, You have a period of fourteen (14) calendar days from receipt of Your full application by Our services in which to withdraw, without being required to give any reasons or pay any costs (excluding defined costs such as those referred to in paragraph 16.5).
16.2 You can download an electronic withdrawal form from Your Customer Interface.
16.3 On receipt of Your full application by Our services and without waiving Your withdrawal right, You specifically authorise the execution of the contract.
16.4 Your withdrawal form must be accompanied by an attestation of destruction of means of payment duly completed and signed. For such purpose, You can obtain a model form from Your Customer Interface.
16.5 We will invoice You an amount calculated exclusively pro rata on the basis of services actually provided during the period of execution of the Account agreement. Once the last outstanding operation has been completed, We will close Your Account and We will return to You the sums you have on credit under Your contractual relationship, with, if applicable, deduction of any amount remaining due for services provided.
17.1 You can contact Customer Services via the Customer Interface for any requests or claims relating to the General Conditions. Except in the event of particular circumstances, We will deal with any claims as soon as possible.
17.2 For the purposes of conciliation, the Mediator can be contacted for any dispute within his jurisdiction (banking operations, payment services, investment and associated services, savings products and financial instruments for individuals who are not acting for professional purposes). He can be contacted
17.2.2 using the form on the website: http://lemediateur.fbf.fr/ clicking the option ‘déposer mon dossier’ [‘lodge my claim’] to obtain the form.
18.1 You are an American taxpayer (‘American Taxpayer’) if you belong to at least one of the three following categories:
18.1.1 A person of American nationality;
18.1.2 A person holding a green card; or
18.1.3 A person who is not of American nationality who was present in the United States for a certain minimum period, i.e.
(A) (who stayed in United States for more than 31 calendar days during year N (tax year); and
(B) the cumulative number of days presence in the country in year N and 1/3 of the days of presence in year N-1 and 1/6 of the days of presence in the year N-2 is more than 183 days.
18.2 In order to satisfy our obligations resulting from the intergovernmental agreement between France and the United States enabling the application in France of the American Foreign Account Tax Compliance Act (‘FATCA’) on the prevention of international tax evasion, We are required to each year declare the accounts held by Our American Taxpayer customers to the French tax department, which is responsible for transferring the information obtained to the American Internal Revenue Service (IRS).
18.3 The information that We are required to provide is, specifically:
18.3.1 the identity of persons that We identify as being American Taxpayers
18.3.2 their financial revenue; and
18.3.3 the balance in each of their Accounts.
18.4 We reserve the right to request any supplementary information or proof from You in order to determine to what extent the FATCA applies to You. If necessary, We can restrict or block Your access to American markets in application of these General Conditions. In the absence of a satisfactory reply by You to Our requests, We will be forced to declare You to the tax department by providing the information required for any American Taxpayer.
18.5 For the requirements of these Conditions, You undertake to inform Us of any changes in your situation as soon as possible.
19.1 The French law governs the pre-contractual relationships and the Agreement.
19.2 It is specifically agreed that, in default of any negotiated settlement, any dispute relating to this Agreement will be brought before the competent court in application of Articles. 42 and 46 of the (French) Code of Civil Procedure and Article L.141-5 of the (French) Consumer Code.
19.3 The language used for the requirements of these General Conditions is French. In the event of any translation, only the wording of the French version of the Agreement can be relied on.
SECTION II – GENERAL CONDITIONS APPLICABLE TO ALL ACCOUNTS
1.1 Account entries are not deemed to be definitive or immediately accepted in relation to the corresponding operations because:
1.1.1 We may reverse or rectifier, within the indicated periods of time, any debit or credit entry carried out in an automated manner in Your Account.
1.1.2 You specifically accept, pursuant to these General Conditions, the novatingnature of current account operations is effective only after the relevant verifications have been carried out.
1.2 You may be invoiced opposition costs in application of the Rates.
2.2 This transfer will lead to the closing of the Account(s) in question, without application of the provisions contained in Article [sic] of this Section III. Securities (cash, titles) thus deposited with the Caisse des Dépôts et Consignations Bank that are not claimed by You or your assignees will become the property of the State after the periods respectively provided for in Art. L.312-20 of the Monetary and Financial Code.
2.3 We undertake to inform You annually if any of Your Accounts are considered to be inactive
2.4 We undertake to inform You or your assignees six months before the transfer of deposits to the Caisse des Dépôts et Consignations Bank carried out pursuant to paragraph 2.2 of this Article.
2.5 The applicable regulations require that We declare any inactive Account and draw up a list of inactive Accounts that we hold.
3.1 The sums held in the Accounts will be blocked from notice of the death, subject to the completion of pending transactions.
3.2 The Account will, in principle, be lawfully closed without prior notice.
3.3 The costs and fees for dealing with the estate, calculated according to the Rates, will be debited from the Reference Account.
4.1 In application of Articles L.312-4 to L.312-16 of the Monetary and Financial Code, cash deposits and other reimbursable funds are covered by the guarantee mechanism managed by the Fonds de Garantie des Dépôts et de Résolution [Deposits and Settlements Guarantee Fund] created by the public authorities, under the conditions and according to the methods defined by the applicable laws.
4.2 In compliance with Article L.312-15 of the Monetary and Financial Code, We may, on specific request by the Fonds de Garantie des Dépôts et de Résolution in preparing and carrying out its task, provide nominative information or figures concerning You.
4.3 In accordance with with article L 312-15 of the French Monetary and Financial Code, We shall provide the Savings Deposit Insurance Funds, on its express demand in the context of the preparation or the execution of its mission with nominated informations or numbers relating to You.
4.4 The form below contains information on the deposit guarantee. This form is part of the new information obligations on banking institutions to better inform customers on the protection of their accounts (Order of 27 October 2015 on information for depositors on the deposits guarantee).
SECTION III – GENERAL CONDITIONS APPLICABLE TO THE REFERENCE ACCOUNT
1.1 You can be the holder of only one Reference Account.
1.2 You are eligible to open a Reference Account in Euros if You have an address in France, You are of age and You have an account opened in an accredited bank in the European Economic Area or in a third-party country that has been recognised as having a level of vigilance in relation to money laundering and the financing of terrorism that is at least equal to that imposed in France.
(A) Your Reference Account enables You to receive and/or issue bank transfers.
(B) Your Reference Account does not authorize:
(1) bank card credits;
(2) payments in cash;
(3) the issuing of cheques; or
(4) the honouring of inter-bank payment securities.
(A) Without prejudice to Our right to make a set-off payment between Your Accounts, You undertake to monitor the balance of each of Your Accounts. You acknowledge that You are exclusively and personally liable for the debits, unpaid amounts and any other incidents resulting from insufficient funds in a given Account, even if another Account has a credit balance. Your Account cannot be in debit unless a specific authorisation for an overdraft has been given by Us.
(B) We can refuse any operation that may result in a lack of funds or insufficient coverage for pending transactions.
(C) We remind You that any debit transaction for an Account requires sufficiently available funds. Such funds are, in principle, the balance of the Account as at the end of the day preceding that of the presentation of the debit transaction in the Account. We can, however, determine such balance during the day. Any credit transaction for an Account will be entered only after it has been actually banked.
(D) You are responsible for paying the costs associated with any debit balance in Your Account, in particular the interest that is applicable under the Rates. In the event of any delay in payment of the monthly sums due by You in relation to any Credit, You authorise Us to deduct the amount corresponding to the monthly unpaid Credit from Your Reference Account.
(E) The following transactions are specifically authorised: one-off or permanent bank transfers, payments and withdrawals by Bank Card and automatic payments.
(F) No withdrawal of cash other than from automatic teller machines (ATMs) is authorized from the Account and We do not issue chequebooks.
(G) We reserve the right to reverse or rectify any entries in the event of error or non-payment. We can reverse any transactions for which We have not obtained actual banking even if such non-payment was discovered late.
(A) In principle, Your Accounts must remain in credit. You undertake to constitute and maintain a provision that is necessary to pay for drawdowns and direct debits.
(B) Any debit balance will produce interest at the rate provided for in the Rates for non-authorised overdrafts.
(C) We draw Your attention to the provisions relating to Our rights to retain and set-off contained in Article 11 in Section I.
(A) You have the right to add funds to Your Reference Account from Your Third-Party Account or any of the account opened in an accredited credit institution the details of which You have informed Us of via Your Customer Interface.
(B) The adding of funds can be set up by You without any minimum required. The maximum authorised amount is stated in the Rates and is calculated on the basis of eight (8) rolling weeks.
(C) We reserve the right to not authorise You to set up the transfer of funds to your Reference Account according to the methods provided in this paragraph.
(D) The funding procedure will result in a monthly payment to Your Reference Account.
(E) The funding procedure can be activated and/or cancelled via Your Customer Interface at any time and without giving notice.
The provisions in Article 2.2 are applicable to Your Reference Account and any payment operation carried out within the European Economic Area (‘EEA’) in Euros or in the currencies of such Member States where the two payment service providers are situated within the European Economic Area.
Payment operations that involve a payment service provider established outside the European Economic Area and those carried out in a currency that is not that of a Member State of the European Economic Area are subject to a specific regime that depends on the law applicable to each operation.
Any credit operation for an Account will be carried out only after it has been actually banked.
A payment operation (or a series of payment operations) is authorised if You have given your consent.
You can refuse the payment operation (or the series of payment operations) provided the payment order is not stated to be irrevocable (for a series of operations, such refusal will be valid only for subsequent operations).
2.2.2 Receipt and revocation of a payment order
(A) We consider that a payment order has been received once Our services have received Your order, the implementation period then commencing and the order becoming irrevocable. The date of receipt will be extended to the following Business Day where We receive the order other than during Our hours as stated below or other than during a Business Day.
(B) Where We have agreed on a date for execution of an order, You have the right to revoke it before the end of the Business Day preceding the agreed date, at the latest.
2.2.3 Refusal to execute a payment order
(A) We can refuse to execute a payment order, in which case it will be deemed not to have been received and We will inform You of Our decision by any means.
(B) You will be charged for any justified refusal notice, in application of the Rates, in particular in the event of:
(1) the Account being blocked;
(2) an identification failure;
(3) the absence of funds in the Account;
(4) the exceeding any Limits; or
(5) insufficient details being provided in order to execute the order.
2.2.4 Bank transfers and direct debits
(A) Cross-border payments:
(1) In application of the current laws and regulations, We inform You, before and after the execution of the intended operation, of the completion delays and costs associated with any bank transfer (issued or received) that is made within the European Economic Area (EEA).
(2) The Account statement will contain details on all operations carried out, their respective amounts, associated costs and the date of the debiting or crediting of the Account.
(3) In order to ensure that bank transfers are properly carried out, You must provide Us with the following information:
(a) the name of the beneficiary;
(b) the beneficiary’s bank account number;
(c) the name of the beneficiary’s bank; and
(d) any other information necessary to properly carry out the transfer according to the applicable laws and regulations.
(B) SEPA transfers:
In order to properly carry out a transfer, You must provide, specifically:
(1) an International Bank Account Number (IBAN);
(2) the name of the beneficiary; and
(3) any other information necessary to properly carry out the transfer.
(C) SEPA direct debits from Your Account:
(1) A SEPA direct debit is a direct debit in Euros that can be used:
(a) between two accounts in banks within the SEPA zone (countries in the EEA, Switzerland and Monaco);
(b) between an account opened in a ‘SEPA Zone’ French bank and an account in a bank in any of the Pacific Overseas Collectivities (French Polynesia, New Caledonia, Wallis and Futuna); and
(c) between two accounts in banks in the Pacific Overseas Collectivities.
(2) In order to set up a direct debit, Your creditor sends You a SEPA Direct Debit Mandate that contains, in particular, the creditor identifying details. Pursuant to this mandate:
(a) You authorise the creditor to issue European direct debit orders,
(b) You authorise Us to pay such direct debits when presented.
(3) The mandate is identified using a unique reference provided by the creditor.
(4) After having completed, dated and signed the SEPA direct debit mandate form (containing Your BIC and IBAN numbers), You shall return or give it to the creditor. The authorisation to debit will be valid only for the mandate in question. The creditor is responsible for checking the information in the mandate and sending it to Us for payment. For a European direct debit, it is, therefore, no longer necessary to send Us a direct debit authorisation.
(5) In the event that You change Your bank details (e.g. You change bank), You undertake to provide them to the creditor. You are not required to sign a new mandate, as the existing mandate remains valid.
(6) For recurring payments, this single mandate provides consent for the carrying out of subsequent direct debits presented by the creditor.
(7) The beneficiary’s account will be credited at the latest by the end of the first Business Day following the date of receipt of the payment order, as defined above. Your Account will be debited on the value date when the operation will be recorded.
(8) You can also give Us instructions to:
(a) restrict direct debits to a certain amount or frequency or both;
(b) block any direct debits from Your Account;
(c) block any direct debits initiated by one or more nominated beneficiaries; and
(d) authorise only those direct debits initiated by one or more specified beneficiaries, it being specified that the execution of such instructions will be subject to our processing delays.
(9) The creditor is required to inform You before implementing the direct debit by giving You prior notice (e.g. an invoicing or payment schedule) at least 14 calendar days before the due date for the direct debit so that You can verify its conformity with the agreement that You have entered into with the creditor.
(10) In the event of any disagreement in relation to any direct debits, You must immediately contact the creditor to have him suspend their execution.
(11) If your request is not successful, You can revoke Your order by giving Us notice via Your Customer Interface of Your opposition to the direct debit or debits in question at the latest by the end of the Business Date preceding the agreed day for the debiting of the funds.
(12) If You want to cancel the issuing of SEPA direct debits by the creditor, You must give the creditor notice of the cancellation of its SEPA direct debit mandate. It is strongly recommended that You also inform Us. In such situation, the cancellation or opposition is valid for all direct debits resulting from the specified mandate.
(13) Where We are unable to effectuate a direct debit, We will give You notice by any means and, where possible, We will give you reasons for such refusal to effectuate.
(14) After the direct debit has been made, You can:
(a) within the period of eight weeks from the date of the debit from the account, dispute the direct debit and request its reimbursement, no matter what the reasons for your dispute; and
(b) after eight weeks and within a period of 13 months following the date of debit, You can only dispute non-authorised payment operations and/or those that have been incorrectly effectuated.
(15) You must give Us notice of Your request via Your Customer Interface and inform Your creditor.
(16) A mandate for which no SEPA direct debit order has been presented during a period of 36 months from the due date of the most recent direct debit becomes invalid and must, therefore, no longer be used. To issue new SEPA direct debits in relation to the contract in question, the creditor must get you to sign a new mandate.
(17) You agree that the costs that are due to Us can be deducted from any sum of money that is transferred to You (as beneficiary) whenever We credit Your Account.
2.2.5Time limits for effectuating operations
(A) Payment operations issued under the SEPA conditions:
(1) Receipt of the order by Our credit institution on the Business Day before the time stated in the Rates: order implemented on the Business Day that follows that of receipt.
(2) Receipt after the stated time: order implemented on the second following Business Day.N.B.: The carrying out of the operation within such periods is subject to the correctness of the information provided by You and, if applicable, after validation by Our services.
(B) Payment operations issued other than under SEPA conditions:
(1) Receipt of the order by Our credit institution on the Business Day before the time stated in the Rates: order implemented within a maximum period of four Business Days following that of receipt.
(2)(2) Receipt after the stated time: order implemented within a maximum period of five Business Days following that of receipt.
N.B.: The carrying out of the operation within such periods is subject to the correctness of the information provided by You and, if applicable, after validation by Our services.
(C) (C) Operations between Your Accounts:
All operations between Your Accounts will be promptly effectuated.
For all currency operations effectuated from and to the Reference Account, in conformity with the Rates We will convert the Currency of the transaction into the currency of the Account for the purposes of the operation.
(A) You must inform Us of any errors in Your bank statements. You have a period of 13 months from the date of the debiting of the disputed operation or, inversely, the date on which the missing operation should have been carried out, in which to raise your dispute, under penalty of being out of time.
(B) We decline any liability if any force majeure event occurs and where We are bound to act pursuant to the applicable regulations.
(C) You will find in Section VII additional details on potential liabilities in relation to using the Bank Card.
(1) Liability for effectuating payment operations
(a) We undertake to ensure that operations from or to Your Account are properly carried out. We cannot, however, be liable where We prove that Our measures were carried out, in particular where:
(i) For bank transfers and/or direct debit authorisations: We have actually transferred the funds to the payment service provider of the beneficiary within the applicable time limits.
(ii) For bank transfers received: We have duly credited the funds into the Account immediately after having received them.
(b) We also accept no responsibility where an operation was not able to be effectuated or was carried out in favour of the wrong beneficiary as a result of information that You provided to Us (wrong bank account details, for example). We remind You that we do not have any obligation to verify the identity of the nominated holder of the addressee’s account.
(c) We also accept no responsibility where an operation was not able to be effectuated or was carried out in favour of the wrong beneficiary as a result of information that You provided to Us (wrong bank account details, for example). We remind You that we do not have any obligation to verify the identity of the nominated holder of the addressee’s account.
(i) As soon as possible, re-credit the amount of the operation that was incorrectly effectuated to the Account and, if necessary, return the Account to the state that it was in as if the operation had never taken place.
(ii) As soon as possible, credit the Account with the amount of the operation in question that was the subject of the transfer or the direct debit order.
(iii) As soon as possible, send the payment order to the payment service provider of the payer (debtor) under the direct debit orders issued.
(d) In the event of a failure to execute or any incorrect execution that is attributable to Us, We will indemnify You for all costs and interest that will be attributable to Us and that are the direct consequence.
(e) At your request, We undertake to attempt to trace the payment operation that was incorrectly executed and notify You of the result of our research as soon as possible.
(f) We will apply all means available to Us in order to recover the funds transferred following the provision of incorrect bank account details by You. You may be invoiced collection costs as stated in the Rates.
(g) In certain circumstances, the applicable regulations require Us to verify certain information or request authorisations before carrying out payment operations. We are not, in such situation, liable for any delays or the failure to execute the operations in question.
(h) We decline any liability for the failure by the payment services provider to transfer the funds to the beneficiary where a legal or regulatory measure is applied such, as the freezing of the beneficiary’s assets.
(2) Non-authorised operations
(a) In relation to the payments that you make: You can dispute having ordered a payment operation within 13 months following the debit date of the said banking operation. We will verify if the operation was authenticated and recorded and that it did not result from any dysfunction. If it is found that the operation was not authorised, You will be immediately reimbursed the disputed amount. Your Account will then be returned to the state in which it was previously, as if the operation had never taken place.
(b) For any non-authorised operation that is ordered via any means of payment in application of these General Conditions, You will assume the losses up to such time as We receive notice of the said non-authorised operation and can block the disputed means of payment.
(c) You will not be liable:
(i) where the operation was carried out by a fraudulent use of Your means of payment (subject to You being in possession of the means of payment in question at the time of the operation);
(ii) where the operation was carried out without Your knowledge by a fraudulent use of Your means of payment or information relating to it; and
(iii) in the absence of the use of the personalised security device.
(d) You will assume all losses following non-authorised operations where they are the result of:
(i) gross negligence and/or a wilful breach of Your obligations under these General Conditions;
(ii) any fraudulent acts by You;
(iii) any non-authorised operation that We were not informed of within the period of 13 months from the date of debit/issuing of such operations.
(3) Authorised operations
(a) You can request, within eight weeks, the reimbursement of an authorised payment operation ordered by the beneficiary or by the payer who issues a payment order through the beneficiary if
(i) the authorisation did not state the exact amount of the payment operation; and/or
(ii) the amount of the operation appeared to be unusual and/or excessive when compared with Your previous expenditure.
(b) You must provide Us with the reasons why You were unable to anticipate the amount of the operation in question and all other factual information that may clarify the situation.
(c) Within a period of 10 Business Days following receipt of Your request, You will receive:
(i) the reimbursement of the amount of the operation; or
(ii) Our duly justified refusal to reimburse You the disputed payment.
3.1 Article L.312-1 of the Monetary and Financial Code (MFC) provides that any individual or legal entity domiciled within the territory of a Member State of the European Union who does not have a deposit account has the right to open such account in a credit institution of his/her/its choice.
3.2 The opening of such account occurs after the credit institution in question has received a formal declaration attesting that the person does not hold any accounts. In the event of refusal by the chosen institution, the person can request that the Banque de France nominate a credit institution for him/her. The institution thus nominated is required to provide, for free, the basic banking services referred to in Art. D.312-5 of the MFC.
3.3 As an online bank that does not have any customer tellers, it is impossible for Us to offer counter payments, withdrawals of cash and the payment or banking of cheques to the beneficiary of the right to an account.
3.4 Any decision to close an account at the initiative of the nominated institution must be the subject of written notice, with reasons given, sent to You and the Banque de France for information purposes. A minimum period of 2 (two) months must be granted to the holder. The beneficiary of the right to an account will not be able to open Currency Accounts within the meaning of Section B of these General Conditions.
4.1 Banking mobility service
4.1.1 If you have an Account with Us, You can, for free and without conditions, benefit from the banking mobility assistance service that We offer, enabling automatic changes of banking domiciliation, valid direct debits and regular payments from the original account.
4.1.2 Documentation on banking mobility is freely available on Our website.
We will obtain Your formal agreement if You want to benefit from the banking mobility service in order to carry out, on Your behalf, the formalities associated with any change of account so that the payments received and regular direct debits are henceforth made from the new account.
5.1 Subject to the processing of pending transactions (e.g. clearing direct debits),
5.1.1 by mutual agreement between the Parties, We can close Your Reference Account at any time;
5.1.2 We can terminate Your Account agreement, provided prior notice of 60 days is given; and
5.1.3 You can terminate the Account agreement, provided prior notice of 30 days is given.
5.2 We can terminate Your Account agreement on the failure to pay two successive monthly payments that are due by You in relation to the Credit.
5.3 We will inform you by email of the cancellation of Your Account agreement in the situation provided in 4.1.2 above.
5.4 Methods and consequences of terminating the Account agreement
5.4.1 Where the Account agreement is cancelled, Your Account is closed and the balance is immediately due. You must then:
(A) return to Us all means and instruments of payment in Your possession (and those of Your Representative) or destroy them and provide Us with a relevant attestation;
(B) modify your direct debits;
(C) fund the Account, if necessary, in order to enable the settlement of pending transactions and the debiting of any Account transfer and closure costs; and
(D) if applicable, inform Us of the name of the institution (and the account number) to which cash and financial instruments remaining in the Account must be transferred. In the absence of such information, We will settle all positions and transfer any proceeds to an Account that You have given Us the details of, being Your personal account in another bank. In default of such information, We will send a cheque to Your last known address.
5.4.2 Five (5) days before the date of closure of Your Account, We will cease to effectuate payments to third party accounts.
5.5 The closure of Your Account will automatically involve:
5.5.1 withdrawal of the Limit ; and
5.5.2 the termination of all products, services and insurances associated with Your Account.
5.6 Your balance will be used to pay, as applicable:
5.6.1 any outstanding endorsements and guarantees;
5.6.2 any outstanding payments;
5.6.3 in a general manner, all risks that We covered that remain applicable on the closing of the Account in terms of principal, interest, costs and incidentals. We can immediately reverse such pending operations in the Account; the sums thus withheld pending the settlement of such operations are withheld as cash collateral for pending obligations; and
5.6.4 agios that continue to be charged for the same periods and under the same conditions (except as otherwise specified in the Rates) after termination of the Account agreement until full settlement of pending operations, even in the event of court-ordered collection.
5.7 Right to withhold: if set-off is not possible, We can exercise the right to withhold all sums or securities that You have deposited in Your Accounts until payment of the debit balance.
5.8 The transferring and, if applicable, the closure of the Account, takes into account the following factors:
5.8.1 it leads to the payment of the costs stated in the Rates;
5.8.2 it does not give rise to any debiting of costs if it occurs at Your request following the disputing of a substantial modification to the Account agreement; and
5.8.3 the costs that We lawfully debit are due only pro rata from the due date to the termination of the Account agreement. If they had been paid in advance, You will be reimbursed the pro rata of such costs.
5.9.1 Amounts in foreign currencies are lawfully converted into Euros in application of the Rates on the actual date of the closure of the Account.
5.9.2 You expressly agree that the closure of the Reference Account automatically leads to the closure of all of the Currency Accounts as defined in the Section below.
5.10 Termination of the Account agreement by Us without prior notice
We can terminate the Account agreement for any legitimate reason without complying with the prior notice referred to above provided the applicable legal obligations are satisfied, in particular if:
5.10.1 You have breached any of Your obligations under these General Conditions.
5.10.2 You have not paid at least two successive monthly payments due by You in relation to the Credit.
5.10.3 Your conduct has been seriously reprehensible.
5.10.4 You have provided Us with incorrect information..
5.10.5 You have refused to provide Us with the information required by law or these General Conditions.
5.10.6 We no longer benefit from a security or guarantee covering Your commitments under the banking relationship..
5.10.7 You are the subject of personal bankruptcy proceedings or over-indebtedness the situation for which has been accepted, subject to Your Account not being that into which the income from your professional activity is paid.
5.10.8 Any statutory or regulatory provisions require that We close the Account without delay.
SECTION VI – AUTOMATIC BALANCING BETWEEN ACCOUNTS
1.1 The Accounts opened in Your name with Us must have sufficient funds at all times to enable the debiting of operations that You order. Any operation that debits an account requires prior clear funds and any operation crediting an account is carried out subject to actual banking. We can reverse any entries in the event of non-payments or error.
1.2 In the event of a debit balance and except if an overdraft has been authorised up to the Limit, You cannot claim any right to credit and will be lawfully bound to pay all costs resulting from such debit, such as interest at the rate referred to in the Rates. We reserve the right to refuse any operation that may result in a lack of funds or cover for pending operations.
1.3 For transactions effectuated only with a Card within the meaning in Section VII of these General Conditions, We have implemented a service that enables an automatic and immediate transfer between all accounts opened in Your name (‘Automatic Balancing’). This functionality is activated via the Customer Interface at the time that you open a Currency Account. It is not optional. The Automatic Balancing will result in an automatic transfer from the Reference Account to the Currency Account or Accounts that are in debit.
1.4 You accept that We are acting as Your representative in relation to the Automatic Balancing, according to the terms defined below.
1.5 You acknowledge and accept that the Automatic Balancing is an exchange operation involving a margin above the exchange rate.
2.1 The Automatic Balancing operates under the following conditions:
2.1.1 You order, by Card, a debit operation from the Currency Account even though the Currency Account in question has insufficient funds (‘the Operation’).
2.1.2 We will automatically and instantaneously transfer, from the Reference Account to the Currency Account, the amount necessary to have the Currency Account in a Neutral position, no matter what the total amount of the Operation.
2.1.3 The amount deducted under the Automatic Balancing will be the exact amount necessary for the debit ordered, after deduction of commissions such as the exchange rate as per the Rates. You acknowledge that each set-off transfer between Your Accounts under the Automatic Balancing will require an exchange operation.
2.1.4 The Account or Accounts that We debit pursuant to the Automatic Balancing are determined according to the terms contained in this Article 2 below.
2.2 We do not need to inform You of these set-off payments, it being specified that the Account statement will contain detailed information, operation by operation, that will indicate:
2.2.1 the amount of the transfer operation;
2.2.2 its associated costs; and, if applicable
2.2.3 the date on which the Account in question was debited or credited.
2.3 2.3 You expressly acknowledge that the Automatic Balancing referred to in this Section applies without prejudice to the provisions contained in Article 11 in Section I.
SECTION VII – GENERAL CONDITIONS FOR THE USE OF BANK CARDS
The provisions in Section I are applicable to all Bank Cards issued by Our services, except as otherwise specified in this Section VII.
You acknowledge that the use of Bank Cards is subject to compliance with the general conditions applicable to the distributor of the Card.
1.1 The interbank payment card that We give to You (hereinafter ‘the Card’) is a payment instrument for exclusive use by its holder that enables payment operations to be carried out solely for the purposes of:
1.1.1 withdrawing cash in Euros and other currencies from bank automated teller machines (hereinafter ‘ATMs’) that display the brand of the Card distribution network up to the limit of funds available in the automated teller machine;
1.1.2 paying for purchases of goods or services from traders or service providers that are members of a Card distribution network and are equipped with an Electronic Payment Terminal (hereinafter ‘EPT’) or automated machines displaying the brand of the Card distribution network (hereinafter ‘the Accepting Parties’); and/or
1.1.3 the remote purchasing of goods or services from Accepting Parties that are members of a Card distribution network and that display the brand of the Card distribution network;
1.1.4 transferring funds to an organisation that is duly authorised to receive funds.
1.2.1 We provide You with a Card that includes ‘contactless’ technology (‘Contactless Technology’) that enables the swift payment of transactions via the Electronic Equipment of Accepting Parties in the Card distribution network that have the remote Card reading technology. You must first activate this option on Your Customer Interface and carry out an operation for which You have correctly entered Your PIN Code.
1.2.2 Under the Contactless Technology, a single payment cannot exceed a certain amount, which you may be informed of on request. The maximum, cumulative, total for successive operations using the Contactless Technology is also restricted. Once (i) the limit of successive payments is reached and/or (ii) the total is more than the allowed unit amount, You must carry out a payment operation by entering your PIN in order to reinitialise the cumulative number of successive payments authorised and the cumulative amount of successive payments using the Contactless Technology.
1.3 Your Card can enable You to access various services provided by its issuer and covered by specific terms.
2.1 As holder of an Account, You can request that We issue a payment Card. We have the discretion to accept or refuse such request.
2.2 The Card that we issue remains Our property. You are strictly prohibited from lending or divesting yourself of Your Card. You acknowledge that there is a prohibition on making any functional or physical alteration to the Card that is likely to hinder its operation and those of the EPT, automated machines and ATMs (‘the Electronic Equipment’) in any manner whatsoever;
2.3 You undertake to return the Card to Us or destroy it when requested by Us;
2.4 If We consider that Your use of the Card will not change, We can replace the Card and at any time change
2.4.1 the numbers; and
2.4.2 the payment scheme.
2.5 You undertake to use the Card and it is number exclusively within the Card distribution network scheme and approved networks.
2.6 You undertake not to use the Card for any illegal purpose of any kind.
2.7 The Card is strictly personal to You. You must sign it on receipt in the event that a space has been provided for such purpose. Where a signing space is included on the Card, the absence of a signature on the said Card justifies a refusal to accept it.
2.8 For security purposes, the Card may be blocked on issuing. You can unblock it via the Customer Interface.
3.1.1 We have set up a personalised security system in the form of a number code, which is used by You only and which enables You to identify Yourself when you carry out payment operations with the Card (‘the PIN Code’). The PIN Code is given to You on a strictly confidential basis. When registering with Our online service, You can choose Your PIN. If You do not choose it, We will provide you with one. In all circumstances, You must:
(A) do everything that You can to ensure Your ownership of your card and, specifically, the security of Your PIN Code (such as not giving it to any other person) and, if applicable, any equipment in Your possession;
(B) compose Your PIN Code away from any indelicate regards; and
(C) use Your PIN Code each time that the Electronic Equipment instructs You to do so, under penalty of You being liable.
3.1.2 The PIN Code is indispensable in using the Electronic Equipment that displays the brand of the Card distribution network and any Electronic Payment Terminal.
3.1.3 You must at all times ensure that the equipment used to enter the PIN Code is approved by the Card distribution network by verifying the presence of the brand of the Card distributional network. You hereby undertake to use the equipment only for the purposes provided in this Section VII.
3.2.1 Certain payment operations are carried out using Your Card number, the visual cryptogram and a confidential, single use, code that may be sent to You via the Customer Interface or SMS to the telephone number that You have provided Us with (‘the Security Code’).
3.2.2 You can use a Security Code only once and within a limited period of time. You have three (3) attempts in which to enter the Security Code for an operation; after three (3) incorrect entries, the transaction in question will be cancelled.
4.1 You give Us Your consent to carry out a payment operation:
4.1.1 by entering Your PIN Code in the Electronic Equipment; and
4.1.2 by the sending then the validation of the information associated with the use of Your Card, in particular the amount of the operation and any other relevant information.
4.2 Once it is established that you have consented, the payment order becomes irrevocable, it being specified that:
4.2.1 You can oppose payment in the event that the beneficiary is the subject of any administration or liquidation procedures.
4.2.2 In relation to the Contactless Technology, You give Your consent for the carrying out of a payment operation through the presentation and holding of the Card next to a device displaying the presence of the Contactless Technology.
5.1 You can use Your Card to withdraw cash from ATMs up to the limits defined in Your Special Conditions or any other contractual document for which You have given Your consent. The limits may vary depending on whether You have withdrawn Your cash:
5.1.1 from ATMs displaying the brand of the Card distribution network; or
5.1.2 in France or other than in France from ATMs displaying the brand of a worldwide network.
5.2 We will debit the amounts recorded for Your withdrawals from the Account in the corresponding currency and within the time limits provided for the withdrawal of cash.
6.1 Your Card must be used only to pay for the purchase of goods and/or services from traders or other professionals who are Accepting Parties.
6.2 You must comply with the card payment terms applied by the Accepting Parties, in particular control over the PIN Code and, under certain conditions, a preliminary request for authorisation. Where the operation involves obtaining Your signature on an invoice or ticket and you are required to sign in compliance with Your Card terms, the Accepting Party can verify the conformity of the signature with the specimen on Your Card.
6.3 On receipt, We will automatically debit the amounts corresponding tor the payment operations (from the Account that is associated with the Card) in compliance with the provisions in Your Special Conditions (or any other document completing these General Conditions).
6.4 We will automatically debit the operations carried out using the Contactless Technology from the Account that is associated with the Card used. We will reimburse You, within the period referred to in Article 17 in Section I, for any operation in the event of a written claim that in good faith disputes the corresponding payment order.
6.5 The details (amount, commissions, exchange rate), excluding exceptions, of the payment operations by Card are contained in the Account statement.
6.6 We are not party to any commercial dispute that may occur between You and the Accepting Party. The existence of any dispute cannot, under any circumstances, justify Your refusal to honour the payments for which payment orders have been given by You in application of these General Conditions.
7.1 On receipt, We will automatically debit the amounts of the payment operations from the Account that is associated with the Card, in compliance with the terms of Your Special Conditions or any other document for which You have given Your consent.
7.2 You undertake to fund Your Account so that a sufficiently and immediately available balance enables the debiting of sums corresponding to any transfers of funds. In the event that the balance in the Account in the corresponding currency is insufficient, the Automatic Balancing will be carried out and another of Your Accounts in a different currency to that of the transfer of funds may be debited.
8.1 In compliance with the current regulations, We inform You when We receive the payment order that is provided to Us by the payment service provider of the Accepting Party.
8.2 The time limits to effectuate a payment operation made using the Card are contained in paragraph 2.2.5 in Section III and paragraph 2.1.6 in Section IV.
8.3 In relation to withdrawals, We inform You that the withdrawal order is immediately executed by providing You with cash.
9.1 Where You deny having given Your consent to carry out a payment and/or withdrawal operation, We are required to provide the proof that the operation was authenticated, duly recorded, entered into the accounts in conformity with standard practice and that it was not affected by any technical deficiency.
9.2 Such proof may be provided by any means, in particular by the recordings made by the Electronic Equipment or their reproduction on a computer medium associated with the Card or any personalised security system. We can use such recordings as proof of the charge to the Account associated to the Card.
9.3 We are liable for Your losses if they are directly attributable to a technical deficiency in the Card distribution network system over which We have a direct control.
9.4 However, We assume no liability for Your losses due to a technical fault in the Card distribution network system where You were informed of the said fault via the Electronic Equipment or any other means.
10.1 For the purposes of these General Conditions, the expressions ‘request to block’ and ‘request to oppose’ are considered to be synonyms.
10.2 As soon as you are aware of the theft or loss of Your Card, its fraudulent use or, more generally, any fraudulent use or Your Card or the information associated with it, You must forthwith inform Us, stating the reasons for the request to block, so that the Card can be blocked.
10.3 Such request to block must be made as soon as possible:
10.3.1 Via the Customer Interface (24 hours, 7 days a week);
10.3.2 By telephone to Our Customer Services at 01 85 74 17 41. The hours for Our Customer Services are available on Our website and Your Customer Interface;
10.3.3 By telephone to the Opposition Centre, which is open seven days a week, 24 hours a day, by dialling the following telephone number: 01 85 74 17 41 (communications at the rate applied by the relevant operator).
10.4 You are given a registration number for the request to block. Our services keep the proof of the opposition (or blockage) for 18 months. We will give it to You, on request, during that period. The request to block is immediately activated.
10.5 We assume no liability for the consequences of any request to oppose that is made by telephone but not by You.
10.6 In the event of the theft or fraudulent use of the Card or the information associated with its use, We may request that You provide a receipt of copy of the complaint filed.
You must take all appropriate measures to protect Your Card and the personalised security system that is associated with it (in particular, its PIN Code). You must use it for the purposes specified in these General Conditions. You assume all consequences of use of the Card unless You have made a request to oppose under the conditions provided in Article 10.
11.2 Non-authorised operations carried out before the request to oppose (or block)
You are not liable for operations requested after the loss or theft of the Card and no deductible is likely to be applied. We are liable for, in particular:
11.2.1 the non-authorised operations due to counterfeiting of Your Card if, at the time of the non-authorised operation, You were in possession of Your Card; and
11.2.2 the non-authorised operations resulting from the use, unknown to You, of the information associated with Your Card or the fraudulent use of such information.
11.3 Non-authorised operations carried out after the request to oppose (or block)
We are liable for non-authorised operations carried out after Your request to oppose.
You are liable, up to an unlimited amount, for all non-authorised operations where You acted:
11.4.1 with gross negligence with respect to Your obligations under these General Conditions; and
12.1 Where You are the holder of the Reference Account but not the Card, You are jointly and severally liable for the consequences of:
12.1.1 use of the Card and the personalised security system until the Card is returned; and
12.1.2 any breaches by the holder of the Card in relation to his obligation to protect the Card and the personalised security system, in particular the PIN Code.
13.1 You are given the Card for an indeterminate period. You can cancel Your Card at any time by registered letter with acknowledgment of receipt. The cancellation takes effect 30 days after the date of the sending of the notification
13.2 We can cancel Your Card at any time by registered letter with acknowledgment of receipt, the termination taking effect two months after the date of the sending of the notification, except in the situation referred to in Article 12, Section I.
13.3 The closure of the Reference Account lawfully and without any formality leads to the termination of the contract that covered the provision of the Bank Card.
13.4 You undertake to return the Card (or, if applicable, destroy it in compliance with the applicable regulations) and comply with all of Your contractual obligations under these General Conditions until the cancellation becomes effective.
13.5 Once the cancellation has become effective, You no longer have the right to use the Card and We can take all appropriate measures to ensure this.
14.1 The Card is valid for a period that is noted on the Card itself. The duration of the validity of the Card satisfies, in particular, technical and security requirements and does not have any effect on the indeterminate period under these General Conditions.
14.2 On expiry, the Card is automatically renewed, unless the contract has been cancelled under the conditions provided for in Article 13.
14.3 Other than for blockages resulting from the management of the Account associated with the Card, We can block the Card for reasons associated with the security of the Card or a presumption of non-authorised or fraudulent use of the Card or in the event of a significantly increased risk of Your incapacity to fund the payment obligation. In the latter situation and where You have unreasonably used Your Card, We can register Your name on the centralised database for withdrawals of Bank Cards managed by the Banque de France. Such registration is for a period of two years.
14.4 Reasons for the decision to block are given and You are given notice by any means.
14.5 In such circumstances, We can withdraw Your Card or have it withdrawn by an Accepting Party or by an organisation authorised to provide payment services via its ATMs or counters.
14.6 As a result, You undertake to return it on first request and You accept that You will no longer use it.
14.7 The closing of the Reference Account associated with the Card leads to the obligation to return it or destroy it and provide the relevant attestation of such destruction.
We do not deal with claims relating to the prices of goods or services purchased. Only Your claims relating to the absence or incorrect execution of a payment order are covered by this Article.
15.1.1 You can file a claim, within the applicable time limit, with Our services on presentation of the ticket issued by the EPT or proof of the payment order which is the subject of the dispute.
(A) If the payment services provider of the Accepting Party is not situated within the European Economic Area or in Mayotte, Saint Martin, Saint Barthelemy or Saint Pierre and Miquelon, You must file a claim within a period of eight weeks from the date of the debiting of the disputed payment order.
(B) If the payment services provider of the Accepting Party is situated within the European Economic Area or in Mayotte, Saint Martin, Saint Barthelemy or Saint Pierre and Miquelon, You must file a claim within a period of 13 months from the date of the debiting of the disputed payment order.
15.2.1 You have the right to be reimbursed an authorised payment operation if the authorisation did not state the exact amount of the operation and if the amount for the payment operation exceeded the amount that You could reasonably expect, having regard to Your previous expenditure and the circumstances of the operation in question.
15.2.2 A request for reimbursement cannot be justified by the application of an agreed exchange rate. In order to assess Your claim, We may require the provision of all information relating to the requested reimbursement.
15.2.3 You must file your Your claim within the period of eight weeks from the date of the disputed debit.
15.2.4 You agree to take every care in providing Us with the correct information in relation to the conditions of execution of operations.
15.2.5 When required by the circumstances, in particular in the event of fraud or a suspicion of fraud committed by a third party, whether identified or not, We may request that You provide Us with a receipt or a copy of the complaint filed.
We undertake to reimburse You for all non-authorised debits where:
(A) You dispute, in good faith, in the event of a loss, theft and/or fraudulent use of Your Card and the information that is associated with it, the operations occurring before the request to oppose (or block) under Article 11.2.
(B) You dispute, in good faith, the operations occurring after the request to oppose (or block) under Article 11.3, in such a manner that the Account debited is returned to the state in which it would have been as if the disputed debits had never been made.
You will be reimbursed as soon as possible for all debits that result from incorrectly executed operations.
From the time of receipt of the request for reimbursement, We have a period of 10 Business Days to effectuate the reimbursement or justify Our refusal to reimburse, informing You of the possibility of using the mediation procedure.
17.1 You expressly authorise Us to release information obtained pursuant to these General Conditions, the information contained on the Card and those relating to operations carried out using it. Such information will be processed in order to enable the production of the Card, the management of its functioning and to ensure the security of the payment operations, in particular where the Card is the subject of opposition (or blocking) or registration on the centralised database of withdrawals of Bank Cards managed by the Banque de France.
17.2 In order to satisfy the provisions referred to above, the information in question may be provided to credit institutions and, more generally, organisations authorised to provide payment services and, subject to professional secrecy, to companies in Our Group, organisations participating in the production and functioning of the Cards, subcontractors, Accepting Parties who are members of the international payment system referred to on the Card, international networks, the Banque de France and the Bank Card Group in the Card distribution network.
17.3 Central database of withdrawals of bank cards managed by the Banque de France:
17.3.1 A registration on the central database of withdrawals of bank cards managed by the Banque de France is made when a payment incident directly resulting from use of the Card has not been rectified following notice of the said incident by Our services. The main purpose of the database is to avoid a member or entity in the Card distribution network group deciding to issue a Card not knowing that the applicant has previously been the subject of a decision to withdraw a similar Card following a payment incident (a payment incident is any operation carried out using a Card that cannot be covered by available funds in the Account).
17.3.2 Where We are intending to register Our decision to withdraw the Card on the said database, You will be given notice by any means and will be invited to rectify the incident as soon as possible and according to the terms provided in order to avoid such registration. The date of the decision to withdraw is determined by default to be the date of the provision of the notice referred to above. The registration is automatically deleted from the said database at the latest within a period of two years from the date of the decision to withdraw. The registration is also deleted where:
(A) the registration results from an error by Us.
(B) You prove that the event that led to the payment incident is not attributable to You.
(C) You prove that you have fully rectified the disputed situation.
17.3.3 We will provide You with the method of rectifying Your situation, at any time at Your request. We will inform You, on Your request, if a decision to withdraw made against You has been the subject of a declaration on the database. The information is provided via the Customer Interface. You can peruse and be sent information of a personal nature that concerns You on the Central Database for Withdrawals of Bank Cards by going to a branch of the Banque de France (BdF) that is open to the public, taking with you some official ID containing a photograph, or go to a branch of the l’Institut d’Émission des Départements d’Outre-mer (IEDOM) [Overseas Departments Issuing Institute] or the Institut d’Emission d’Outre-Mer (IEOM) [Overseas Issuing Institute] – the list of branches in the BdF network can be found on its website – or by sending a letter to the BdF accompanied by a photocopy of Your official ID bearing Your signature to the following address: BDF SFIPRP, Section Relation avec les Particuliers, 86067 Poitiers Cedex 9.
17.3.4 You can dispute the information of a personal nature on the database that relates to You or have it rectified on request to Our services.
The financial conditions in the Rates or any other documents that You have consented to are determined, notified and regularly updated by Our services.
Any false statement is subject to the sanctions provided by the law. A false statement or unreasonable use of the Card can also lead to cancellation as provided for in Article 13 of this Section. You are liable for all costs and actual expenses incurred under a forced collection carried out pursuant to an enforceable document.
The provisions applicable in this Section may be modified pursuant to Article 12 in Section I.