Preamble: parties and contractual documents
2. The presentation of the Boats on the Site
3. The reservation
4. Reservation rates
5. Gift vouchers
6. Vouchers permit boats
8. The right of withdrawal
9. The execution of the reservation
10. Miscellaneous provisions
11. Dispute resolution
12. MangoPay Terms and Conditions (payment terms)
The website www.heycaptain.fr (hereafter "the Site") is a platform for booking pleasure boats, sales of vouchers for "boat licenses" and gift vouchers whose publisher is the company Digital Nautic or Hey Captain as described in the document "Legal Notice" accessible on the Site.
The general conditions of sale and use of vouchers and gift vouchers, and of reservation of a pleasure boat of HEY CAPTAIN (hereinafter "the present GTC") are concluded between Hey Captain on the one hand and the Users of the reservation platform.
Are considered as Users, the Renters, the school boats, the candidates and the Boaters.
The Renter is the professional pleasure boat rental company, whose details are mentioned on the boat rental contract booked by the Boater or on the gift voucher.
The School Boat is the establishment approved for the issuance of one or more types of pleasure licences.
The candidate designates the candidate who, whatever his status, after purchasing a voucher corresponding to a given license, benefits from and uses the Products and/or Services of the Company
The Boater designates the person having identified himself and wishing to reserve a boat presented on the Site. The Boater, consumer or non-professional, has, as such, specific rights, notably detailed in the Consumer Code. The Boater recognizes that these rights will be called into question if the reservations are concluded, via the Site, on a professional basis.
Le boater, natural person, declares to be at least 18 years old and to have the legal capacity or to have a parental authorization allowing him to make a reservation on the Site.
The present GCU are completed by one or several application contract(s), the rental contract(s) concluded between the Renter and the Boater.
The Legal Notices as well as the price conditions available on the Site also apply to the GCU and the rental contracts concluded via the Site.
All these contractual documents are enforceable against the Boater, the Renter, the school boats, the candidates and Hey Captain.
These GCU come into force on 24 November 2015.
They may be modified by HeyCaptain at any time to incorporate any legislative or jurisprudential changes applicable to e-commerce and any technical or technological development improving the Site.
The purpose of these GCU is to determine the conditions under which any act of reservation - conclusion of the rental contract - of one or more boats presented on the Site by the Charterer and defined in article 2 below (hereinafter "the Boat(s)") or any act of purchase of a voucher or gift voucher is carried out.
Internet users not resident in France wishing to place an order via the Site must check whether the law applicable to them authorises them to carry out this type of transaction. The existence of the Site cannot be qualified as an act of canvassing, but as a contract concluded at a distance.
In general, Hey Captain and the Users expressly accept the possibility to exchange information via email.
2.1 - The Boats presented on the Site are described by the Renter. The latter undertakes to describe precisely the technical characteristics and equipment of the boat. It also undertakes to keep all this information up to date.
Hey Captain may not be held liable in this respect within the framework of a referral service. In the event of false or misleading information about the characteristics of the Boats, Hey Captain will remove from the Site, as soon as it becomes aware of it, any reference to the Renter concerned and its Boats.
2.2 - The Boat presented may sometimes prove to be slightly different from its presentation on the Site. Differences may result from the colour quality of the photographs, the difficulty of making the textures appear on the screen or, without being exhaustive, the technical adaptation. These differences may not be interpreted as a lack of conformity and entail the cancellation of the reservation except in cases in which the differences relate to an essential characteristic of the Boat or to an advertised equipment.
2.3 - Any unavailability of a Boat must be immediately reported by the Charterer to Hey Captain.
The Boater makes the reservation of the Boat only via the Site using the schedule made available to him. Reservations sent by other means - email, mail, fax - will not be processed.
Via the Site, the Boater must first identify himself by providing his contact details[Name, First name, postal address, email address, mobile phone number, boat licence number and date and place of obtaining the licence].
Once identified, the Boater can reconnect using his email address and a password of his choice.
The password is strictly personal and must be kept confidential. The Boater expressly recognizes that the successive seizure of his email address and his password is worth identification on his part.
The rental contract is validly formed when, once his email address and password have been entered, the Boatman has chosen the Boat and the rental period (1st click), has been able to read and accept the rental contract, has checked the content of his reservation, has corrected any errors, has made payment (payment of the first part of the amount or full payment) and has confirmed it by a second click, in accordance with the provisions of articles 1369-1 to 1369-6 of the Civil Code.
The double-click procedure is the consent of the Renter to the rental agreement and entails the payment of the sums due in respect of the booking of the Boat by the Renter in favor of the Pleasure Renter. In accordance with article L121-19-3 of the Consumer Code, any order confirmed by the second click entails a payment obligation.
It is recalled that the provisions of these GCU apply to the rental contract.
An e-mail with the GTC will be sent to the Boater's e-mail address in order to confirm the conclusion of the contract on a durable medium and thus include all the elements that have been the subject of the general information obligation.
It is strongly recommended that the Boater keep this acknowledgement email specifying the rental number.
Hey Captain immediately sends to the Renter the particular provisions of the rental contract (type of boat booked, equipment and booking period).
The computerized records, kept in Hey Captain's computer systems under reasonable security conditions, will be considered proof of communications, orders and payments between the parties. The archiving of reservation vouchers and invoices is carried out on a reliable and durable medium that can be produced as proof, which the Boater expressly recognizes.
The prices indicated on the Site are in euros (€) including all taxes. The VAT rate applied is the French legal rate in force. In case of modification of the amount of the French VAT rate, the adjustment of the prices including all taxes will be immediate, without prior information.
HeyCaptain or the Renter can modify the reservation rates of one or the other of the Boats presented on the Site and this, at any time. However, the modifications will not apply to reservations once the contract has been validly formed (article 3-2).
The provisions of this article apply only to gift vouchers purchased on the platform.
5.1 - Gift vouchers can only be used for purchases on the site www.heycaptain.com
5.2 - Gift vouchers may not be used to purchase other gift vouchers.
5.3 - The gift voucher may have an expiry date indicated on the gift voucher and at the time of purchase.
5.4 - Gift vouchers do not bear interest and cannot be reimbursed.
5.5 - The purchase of a gift voucher can only be cancelled as long as it has not yet been used in accordance with the legislation of the right of withdrawal specified in Article 7. A gift voucher is considered as having been used when it has been cashed at the time of a reservation.
5.6 - You can pay the possible difference between the amount of the gift voucher and the value of your order by any means of payment proposed on the site.
5.7 - DIGITAL NAUTIC SAS incurs no liability in the event of loss, theft or illegibility of the gift vouchers, nor in the event of errors in the recipient's e-mail address.
5.8 - It is forbidden to duplicate, edit or manipulate gift vouchers.
5.9 - In case of fraud, attempted deception or suspicion of illegal activities in connection with an order paid by means of one or more gift vouchers or when cashing gift vouchers on the site www.heycaptain.fr, we reserve the right to close the corresponding customer accounts and/or request payment by a different payment method. In this case, the customer concerned will not be able to claim the unblocking of his account, nor the refunding of the credit of the gift vouchers concerned.
6.1 - The candidate mandates the DIGITAL NAUTIC SAS partner boat school to accomplish on his behalf and place, with the administration, the steps and formalities necessary for the registration and the deposit of his examination file to the boat license in the city of which the partner boat school depends.
The DIGITAL NAUTIC SAS partner boat school undertakes to submit the complete file as soon as possible in agreement with the candidate. A file is declared complete when the candidate has provided all the documents necessary for the constitution as explained at the following address: https://www.service-public.fr/particuliers/vosdroits/N550.
A contract will be established between the DIGITAL NAUTIC SAS partner boat school and the candidate, which will include these clauses and the costs specific to the establishment.
6.2 - The boat school partner of DIGITAL NAUTIC SAS will put all the competences of its team and all the necessary means so that the candidate with the boat licence reaches the level aimed. All training (theoretical and practical) shall be conducted exclusively by persons holding a valid teaching permit corresponding to the category taught. The vessels used will comply with the regulations in force.
6.3 - The DIGITAL NAUTIC SAS partner boat school undertakes to provide the training referred to in the voucher Boat Permit and to present the candidate to the theoretical tests of the boat license within the limit of the examination places allocated to him by the local administration to which his establishment depends. The DIGITAL NAUTIC SAS partner boat school will provide a training booklet at the time of the physical registration whose presentation during the theoretical examination is essential.
The candidate undertakes to provide the complete administrative file as quickly as possible before planning his/her exam(s). The DIGITAL NAUTIC SAS partner boat cannot be held responsible under any circumstances if the candidate has not respected the deadlines imposed by the administration.
The practical training is independent of the theoretical examination. It can therefore take place before or after the theoretical examination. In the event of failure in the various examinations and after agreement on the additional training needs, the boat school partner of DIGITAL NAUTIC SAS undertakes to represent the candidate after an administrative deadline imposed by the administration referents within the limit of the places of examinations of boat licence which will be allotted to him by this one.
The candidate undertakes to scrupulously respect the educational prescriptions, the training schedule and the instructions issued by the DIGITAL NAUTIC SAS partner school boat or its representatives, particularly with regard to safety and the conduct of the courses. If this is not the case, the latter reserves the right to postpone his presentation to the theoretical tests. The DIGITAL NAUTIC SAS partner school boat manager will inform him in writing and will propose an additional training schedule. After compliance with the requirements of the establishment, it will be presented at these tests.
The candidate is required to pay the amounts due to the DIGITAL NAUTIC SAS partner boat in accordance with the method of payment chosen. Any failure to pay the sums due on the due date may authorize the DIGITAL NAUTIC SAS partner boat school to block the edition of the boat license. Unless prior agreement signed by both parties, the balance of the account must be paid before the final validation of the boat license, which belongs to the boat school partner of DIGITAL NAUTIC SAS.
In the event of disagreement between the parties, the dispute will be brought before the competent instructing service and/or the Commercial Court closest to the head office of the boat school partner of DIGITAL NAUTIC SAS.
6.4 - The DIGITAL NAUTIC SAS partner school boat cannot be held responsible for absences and delays in the examinations due to the candidate, as well as for forgetting the candidate's booklet and/or identity document. These will systematically result in the impossibility of passing the theoretical tests of the boat permit as well as the payment of the examination fees in the form of fiscal stamps at the tariff in force. The representation period will be imposed by the Service Instructeur des permis bateaux in Paris.
6.5 - The boat licence training contract is concluded for a maximum period of 12 months from the date of signature. At the end of this period, the contract will have to be renegotiated. The training establishment will then be able to require a new complete regulation according to the rates in force.
For legitimate reasons or by mutual agreement, the contract may be suspended for a period of 6 months. Beyond that, it will have to be renegotiated. The contract may be terminated by the DIGITAL NAUTIC SAS partner boat in the event of behaviour by the candidate contrary to its internal regulations and by the candidate in the event of duly justified legitimate reasons (removal, illness, etc.). The contract will be deemed terminated or terminated after any account balance and validation of services. The training contract to the boat license will be automatically terminated in the case of withdrawal by the instructor service of the approval of the boat school partner of DIGITAL NAUTIC SAS.
6.6 - Cancellation of a registration due to the candidate will not give rise to any reimbursement. An administrative failure (strike...) resulting in the impossibility of passing an examination of the boat licence will not give rise to any refund. The candidate's registration implies acceptance of the general conditions of sale
7.1 - Users are expressly informed and accept that all payments made on the Site are managed by Leetchi Corp S.A., a company authorised as an electronic money institution, registered with the Luxembourg RCS under number B173459, whose registered office is located at 26-28, rives de Clausen, L-2165, Luxembourg (hereinafter: "MangoPay"). The Boaters contract directly with MangoPay for the implementation of these payments, accepting MangoPay's general conditions reproduced below (article 12). In the event of any inconsistency between MangoPay's Terms and Conditions and these TOS, the latter shall prevail.
The Boaters expressly mandate DIGITAL NAUTIC SAS to transmit the necessary payment instructions to MangoPay, in their name and on their behalf.
7.2 - The Boater may pay in several instalments as chosen by him on the Site. The rental contract is concluded upon payment of the first part of the price. Full payment must be made at least one week before the scheduled rental date. After this deadline, the reservation lapses and the first payments are retained by the Renter as a penalty clause except in cases of force majeure duly demonstrated by the Boater.
7.3 - Payment is made exclusively by credit card at the time of booking validation. The Boater guarantees Digital Nautic SAS that it has the necessary authorizations to use the payment method, when validating the reservation. Digital Nautic reserves the right to suspend any reservation management and any provision in the event of refusal to authorize payment by credit card from officially accredited bodies or in the event of non-payment.
DIGITAL NAUTIC SAS reserves the right to refuse to honour a reservation made by a Boater who has not fully or partially settled a previous order or with whom a payment dispute is under administration.
7.4 - Digital Nautic SAS may establish a reservation verification procedure to ensure that no person uses another person's bank details without their knowledge or the identity of a third party. As part of this verification, the Boater may be asked to send Digital Nautic SAS by email to email@example.com a copy of both sides of an identity document and/or a copy of the bank card used for payment (copy on both sides, taking care to leave only the first 4 and last 2 digits of the number on the front and masking the cryptogram and the full number of the bank card which may appear hollow on the back of the card) and a proof of address.
The reservation will only be validated after receipt and verification of the documents sent.
Nevertheless, Digital Nautic SAS cannot be held liable by the Renter in the event of identity theft on the part of the Boater unless it can be shown that the details provided are completely and apparently fanciful.
In accordance with Article L121-21-8 12° of the Consumer Code, no withdrawal period is provided for "the provision of accommodation services, other than residential accommodation, goods transport services, car hire, catering or leisure activities which must be provided at a specified date or period".
Consequently, the rental contract is definitively concluded between the Boater and the Renter for the reserved Boat and the period fixed in the said contract from the first payment made by the Boater.
For any other order made on the site (voucher Boat Permit and gift vouchers), in accordance with applicable regulations, users have a withdrawal period of 14 days from the date of purchase. If the user of the platform wishes to use his right of withdrawal, he must, before the expiry of the aforementioned withdrawal period, send DIGITAL NAUTIC SAS a registered letter with acknowledgement of receipt expressing his express wish to withdraw.
Upon receipt of the withdrawal, DIGITAL NAUTIC SAS issues the user an acknowledgement of receipt. In case of dispute, it is up to the user to prove that he has respected the withdrawal period. The Company undertakes to reimburse the user for all sums paid, including delivery costs, at the latest within 14 days following the date on which it was informed of the user's withdrawal decision.
9.1 - The Charterer has undertaken, upon reservation by the Boater and payment duly received by Hey Captain, to rent the Boat described in the reservation. Hey Captain can not be held responsible in case of unavailability of the reserved boat.
Analogously, the same applies to school boats.
9.2.1 - In case of impossibility, for reasons of damage or bad weather, to respect the day of reservation or to respect the type of Boat reserved, the Renter undertakes to propose to the Boat Owner either the total refund or a new reservation without additional costs or a reservation at another rental company at a later date for an identical boat.
7.2.2 - In the event that it is impossible to respect the type of boat booked, except in the event of damage occurring between the date of booking and the date of hire, the Renter undertakes to offer the Boater either a full refund or a boat from a higher range.
7.2.3 - In case of double booking on the same boat, the Boater has priority. The Renter undertakes to offer the Boater a boat of a superior range.
7.3 - In case of absence of the Boater at the day and time of the reservation, no refund will be accepted except in the event of force majeure duly demonstrated by the Boater.
If any provision of these GCU is invalid, it shall be deemed unwritten, but shall not invalidate all contractual provisions.
Any tolerance or waiver by one of the Parties, in the application of all or part of the commitments made within the framework of these GCU, whatever the frequency and duration, shall not be deemed to modify the GCU, nor to generate any right whatsoever.
In case of translation of the GCU into a foreign language, only the French version of the text will be authentic.
These GCU are subject to French law.
In the event of a dispute, the Client may opt for conventional mediation or any other alternative dispute resolution method.
Any dispute shall be submitted to the competent court of the place where the defendant is domiciled or, at the defendant's choice, where the vessel is taken over.
Nevertheless, in case of professional Boater, the Commercial Court of Nantes will be exclusively competent.
For the purposes hereof, the following terms are defined as follows :
- MANGOPAY : désigne l’interface de programmation API « Application Programming Interface » mis à la disposition du Partenaire par l’Emetteur pour les besoins de la mise en œuvre sur le Site d’une fonctionnalité de paiement par émission de Monnaie Electronique.
Banque : Crédit Mutuel Arkéa et ING Luxembourg ou tout autre établissement de crédit agréé dans un pays membre de l’Espace Economique Européen, que l’Emetteur pourrait lui substituer à l’avenir.
- Bénéficiaire : Personne au profit de laquelle est transférée la Monnaie Electronique dans le cadre d’une Opération de Paiement. Il est précisé que le Bénéficiaire peut être un Utilisateur partie à une Transaction ou le cas échéant, dans le cadre d’un éventuel programme caritatif du Distributeur prévu aux termes des Conditions Générales du Site, un organisme à but non lucratif.
- Carte Bancaire : Carte de paiement ou de crédit, valable en France et en cours de validité, sous réserve de leur acceptation par l’Emetteur (Visa, MasterCard, CB).
- Conditions Générales d’Utilisation : Désignent le présent document.
- Conditions Générales du Site : Désignent les conditions générales d’utilisation du Site conclues entre l’Utilisateur et le Distributeur, régissant notamment l’accès au Site et la conclusion de Transactions donnant lieu à la demande d’ouverture d’un Compte au nom de l’Utilisateur pour les besoins d’Opérations de Paiement et à l’achat de Monnaie Electronique.
- Conditions Particulières: Désigne les informations communiquées par l’Utilisateur lors de son inscription au Site et contenant les informations nécessaires à la conclusion des présentes et à la gestion de son Compte : son nom, prénom, date de naissance, adresse email valide, mot de passe. Ces informations sont transmises à l’Emetteur en vue de l’ouverture d’un Compte
- Commission : Désigne la commission due par l’Utilisateur au Distributeur au titre d’une Transaction
- Compte : Désigne le compte de Monnaie Electronique ouvert par l’Emetteur dans ses livres au nom de l’Utilisateur sur demande du Distributeur
- Contrat : Désigne le contrat conclu entre l’Émetteur et l’Utilisateur en présence du Distributeur, composé des présentes Conditions Générales d’Utilisation et des Conditions Particulières qui lui sont associées.
- Distributeur : Désigne la SAS Digital Nautic, exploitant le Site et offrant à ses utilisateurs la possibilité d’ouvrir un Compte, d’acquérir de la Monnaie Électronique émise par l’Émetteur par l’intermédiaire du Site et d’utiliser la Monnaie Électronique en vue de réaliser une Opération de Paiement auprès d’un Bénéficiaire. Le Distributeur est mandaté à cet effet par l’Émetteur pour distribuer la Monnaie Électronique auprès des utilisateurs du Site.
- Émetteur : Désigne Leetchi Corp. SA, émetteur de la Monnaie Électronique agréé à ce titre au Luxembourg par la Commission de Surveillance du Secteur Financier sous les références n°3812
- Identifiant : Désigne les données nécessaires à l’identification d’un Utilisateur par l’Émetteur se composant d’un User (adresse émail valide) et d’un mot de passe.
- Jour Ouvré : Désigne un jour calendaire à l’exception des samedis, dimanches, et jours fériés en France métropolitaine.
- Monnaie Électronique : Désigne la valeur monétaire stockée sous une forme électronique sur le serveur de l’Émetteur et représentant une créance de l’Utilisateur sur ce dernier. La Monnaie Électronique est émise par l’Émetteur contre la remise des fonds correspondants par l’Utilisateur.
- Opération de paiement : Désigne le paiement d’un Bénéficiaire par transfert de Monnaie Électronique d’un Compte d’un Utilisateur à un Compte d’un Bénéficiaire
- Retrait : Désigne une demande de virement sur son compte bancaire par le Bénéficiaire de tout ou partie du montant de sa créance de Monnaie Électronique sur l’Émetteur, diminué le cas échéant des Frais applicables, et en tout état de cause dans la limite de la réglementation applicable.
- Remboursement(s) : Remboursement par l’Émetteur de tout ou partie de la créance de Monnaie Électronique détenue par un Utilisateur.
- Site : Désigne le site internet www.heycaptain.fr exploité par le Distributeur intégrant la solution MANGOPAY.
- Transaction : transaction conclue par un Utilisateur dans les conditions visées aux Conditions d’Utilisation du Site et donnant lieu à Opération de paiement.
- Utilisateur : Toute personne physique agissant pour son compte et utilisant la Monnaie Électronique émise par l’Émetteur afin de réaliser des Opérations de paiement.
- Frais : désigne les frais dus à l’Émetteur au titre de l’émission et de la gestion de Monnaie Électronique dans le cadre des présentes, dans la limite de la réglementation applicable.
The User may at any time and at no cost obtain a copy of these documents by visiting the Site.
Only the Contract will prevail between the Parties in case of dispute.
In order to register, the User must be an individual who is at least 18 (eighteen) years old and legally capable. He declares to act on his behalf for the duration of the Contract.
By accepting these Terms and Conditions of Use, you agree that the Distributor shall register for the Issuer as soon as it deems necessary. The creation of your User Account formalizes the formation of the Contract. The Issuer and the Distributor may, without any reason or right to indemnity for the User, refuse to comply with an application for registration. The Issuer reserves the right at any time to request, through the Distributor, additional information and identification data, as well as any supporting documents that it deems useful.
By accepting these Terms and Conditions of Use, you agree that the Distributor shall register for the Issuer as soon as it deems necessary. The creation of your User Account formalizes the formation of the Contract. The Issuer and the Distributor may, without any reason or right to indemnity for the User, refuse to comply with an application for registration. The Issuer reserves the right at any time to request, through the Distributor, additional information and identification data, as well as any supporting documents that it deems useful.
The user declares at the time of registration and throughout the duration of the Agreement :
1. he is at least 18 (eighteen) years old
2. that all information provided during registration is true and accurate and up-to-date.
As long as the User has not transmitted the documents listed below required by the Issuer and allowing him to check his identity, the following limits will be imposed on the User:
- a maximum total amount of 2,500 euros of Electronic Money held by a User during the same calendar year via the same Site, and
- a maximum total amount of 1,000 euros of Electronic Money reimbursement during the same calendar year via the same Site.
Upon receipt of the following documents, provided they are deemed satisfactory by the Issuer, the Issuer may release the limits applicable to the User as a natural person:
- a copy of a valid official identity document: for French citizens, French identity card (both sides), for foreigners residing in France or abroad, passport,
- if the Beneficiary is not the beneficial owner of the funds, the identity of the beneficial owner with a copy of his French identity document or passport if the beneficial owner is a foreigner, and possibly,
- a proof of address which may be requested at the Issuer's discretion.
Upon receipt of the following documents provided that they are deemed satisfactory by the Issuer, the latter may release the limits applicable to the User as a legal entity:
- the articles of association
- a recent extract from the commercial register,
- the address of the registered office and the law governing the incorporation and operation of the company,
- proof of identity of the manager or of the person empowered to bind the company in connection with the transactions carried out.
- a statement of bank identity in the name of the company,
- Declaration of all economic beneficiaries holding more than 10% of the capital, signed by the manager(s) and obtaining proof of identity of the beneficial owners who are natural persons may be requested at the Issuer's discretion.
Upon receipt of the following documents provided that they are deemed satisfactory by the Issuer, the latter may release the limits applicable to the User association:
- The statutes
- Proof of identity of the President of the association
- Receipt of declaration of creation.
In addition, it is expressly provided that the Issuer shall retain the right to request the aforementioned documents making it possible to identify the User and the beneficial owner of the Account in accordance with the regulations applicable as soon as the Account is opened.
12.4.1 - Electronic Currency Purchase: Electronic Currency purchase can be made, by credit card or any other means of payment available through the MangoPay solution, in one or more installments. The amount in cash paid by the User is collected by the Issuer in consideration of the issuance of Electronic Money units for an equivalent nominal value and stored on the User's Account, after deduction of the fees defined in the General Conditions of the Site.
12.4.2 - Refund linked to the cancellation of an Electronic Money purchase. The User holding the Electronic Mint may request the Refund of all or part of the Electronic Mint at any time before any use for the benefit of a Beneficiary. A Refund must be validly requested by email to the address firstname.lastname@example.org.
It must indicate the amount of the Refund requested which may be partial or total. The Issuer adjusts, accordingly, the number of Electronic Money units issued by it and held by the User on the Account. The Issuer initiates a credit order for the Bank Card within 5 (five) Business Days following receipt of the User's request.
12.4.3 - Electronic Currency Holding. The amount of Electronic Currency is held, to the appropriate extent, by the User on the Account :
- until the date of Repayment, or
- until the date of completion of a Payment Transaction.
12.4.4 - Use of the Electronic Mint to carry out a Payment Transaction. The amount of the Payment Transactions shall be deducted from the amount of Electronic Money entered on the Account. When the amount thus entered is lower than the Payment Transaction price, the User may pay the necessary additional price by using one of the payment methods accepted by the Site, if applicable. Conversely, when there is a residual balance of Electronic Money on the Account, after the Payment Transaction, the latter may give rise, depending on the User's decision, to a new Payment Transaction.
The Issuer remains alien to the legal relationship existing between the User and the Beneficiary of the Payment Transaction. The Issuer shall not be held liable for any fault, failure or negligence of the User or the Beneficiary towards each other. The Electronic Money is transferred following the execution of a Payment Transaction to the Beneficiary(ies).
12.4.5 - Use of Electronic Money received for a Payment Transaction. The Beneficiary may, depending on the case and under the conditions set by the Contract and/or the General Conditions of the Site, immediately use the electronic money received to carry out a new Payment Transaction or formulate a Withdrawal request. In such cases, the Issuer shall pay the Beneficiary the corresponding amount into a bank account opened in its name in the books of a bank whose registered office is located in the European Economic Area or any other country borne by the Distributor. For this purpose, the Beneficiary must provide the IBAN and the SWIFT code or any other information of the bank account of which he is holder as well as his address. The Beneficiary holding the Electronic Money is deemed to be the beneficial owner of the Withdrawal within the meaning of the regulations. If applicable, the Beneficiary undertakes to provide the e-mail address, date of birth, nationality and postal address of the person to whom the Beneficiary will remit the funds resulting from the Withdrawal. The Withdrawal as well as the use of the corresponding funds are carried out under the exclusive responsibility of the Beneficiary.
When the Beneficiary decides to proceed with a Withdrawal, Fees may be applicable in accordance with the Site's General Conditions.
12.5.1 - Opposition of Identifier. The User must inform the Distributor of the loss or theft of his Identifier, the misappropriation or any unauthorized use of it or his data as soon as he becomes aware of it in order to request its blocking. This declaration must be made:
- by telephone to the distributor's customer service number: 09 72 50 98 25 or
- directly by e-mail at the following address: email@example.com
The Issuer through the Distributor will immediately execute the request to oppose the Identifier concerned. The event will be recorded and time stamped. An opposition number with time stamp will be communicated to the User. A written confirmation of this objection will be sent by the Distributor to the User concerned by electronic message. The Issuer takes charge of the file on the administrative level and keeps all traces for 18 (eighteen) months. Upon written request by the User and before the expiry of this period, the Issuer will send a copy of this objection.
Any request for opposition must be confirmed without delay by the User concerned, by letter signed by the latter, delivered or sent by registered mail, or email, to the Issuer at the postal address at the top of these presents or at the address firstname.lastname@example.org
The Issuer and the Distributor cannot be held liable for the consequences of an opposition by fax or e-mail, which does not emanate from the User.
An objection request is deemed to be made on the date and time the Distributor actually receives the request. In the event of theft or fraudulent use of the Identifier, the Issuer is entitled to request, through the Distributor, a receipt or a copy of the complaint lodged from the User, who undertakes to respond as soon as possible.
12.5.2 - Contestation of an Operation. For any claim relating to transactions carried out by the Issuer in connection herewith, such as a Payment Transaction or any debit or credit transaction of the User's Account in respect of an Electronic Money Purchase, a Withdrawal or a Refund (an "Transaction"), the User is invited to contact the Distributor's customer service or the address indicated for this purpose in the General Terms and Conditions of the Site.
The User who wishes to contest a Transaction that he considers unauthorized or improperly executed must transmit his request to the Distributor as soon as possible and before the expiration of a period of 13 (thirteen) months from the date of the Transaction in question (a "Challenge").
Under no circumstances shall the Issuer and the Distributor be held liable in the event of the User's fault, intentional or grossly negligent breach of his obligations, late transmission of an Objection or Contestation or bad faith.
After validation of a Dispute by the Issuer, the latter shall ensure that the User's Electronic Money Account is restored to the state it was in before the disputed Transaction was carried out, in the form of a temporary credit in electronic money units.
12.5.3 - Reporting. The Issuer shall keep the User's Account in its books for a residual period of 13 (thirteen) months from the date of each Payment Transaction in order to enable the User to formulate any Disputes. The User may at any time obtain, online on the Site, a detailed statement of the Payment Transactions he has carried out.
After the execution of any Operation, the User will receive by mail from the Distributor the following information:
1. A reference allowing to identify the Operation concerned
2. Where applicable, information on the parties involved in the Operation
3. The amount of the Operation concerned as well as, if applicable, the purpose of the Operation carried out
4. The detailed amount of the applicable Fees, if applicable
5. If applicable, the date of receipt of the corresponding order and/or the date on which the corresponding Electronic Money transfer is executed.
The Issuer reserves the right, at any time, to modify the General Conditions of Use. They are made accessible by the Distributor to all Users at the address provided at the time of their registration.
It is therefore important that the User consults his emails and regularly read the General Conditions of Use accessible online on the Site at any time. In the event of refusal by the User, this refusal shall give rise, free of charge, to the termination of the General Conditions of Use, as well as to the Refund of the Electronic Money units belonging to him.
The Issuer shall not be liable to the User for any errors, omissions, interruptions or delays in operations carried out via the Site resulting from unauthorised access to the Site. The Issuer shall not be held liable for any theft, destruction or unauthorised communication of data resulting from unauthorised access to the Site. The Issuer reserves the right to temporarily suspend access to the Online Account for technical or maintenance reasons without these operations giving rise to any right to any compensation. It undertakes to limit such interruptions to what is strictly necessary.
The Distributor is solely responsible for the security and confidentiality of the data exchanged in connection with the use of the Site in accordance with the Site's General Terms and Conditions, the Issuer being responsible for the security and confidentiality of the data it exchanges with the User hereunder in connection with the creation and management of its Account, as well as the Operations relating to the Account.
The Issuer does not intervene in any way in Transactions. The Issuer exercises no control over the conformity, security, legality, characteristics and appropriateness of the products that are the subject of a Transaction. In this respect, it is the User's responsibility to take all useful information before proceeding with a Transaction in full knowledge of the facts. Each Transaction carried out by the User gives rise to a contract directly formed between him and the Beneficiary or Beneficiaries to which the Issuer is foreign. The latter may therefore not be held liable for the non-performance or improper performance of obligations resulting therefrom, nor for any damage caused to the User in this respect.
Notwithstanding anything to the contrary in this Agreement, the liability of the Issuer to any User is limited to compensation for direct damage caused by the non-performance of a contractual obligation hereunder.
The User guarantees that no element of his profile on the Site infringes the rights of third parties or is contrary to law, public order or morality.
He undertakes not to:
- To execute the Contract in an illegal way or under conditions likely to damage, deactivate, overload or alter the Site
- To usurp the identity of another person or entity, falsify or conceal his identity, his age or create any false identity
- To disseminate personal data or information relating to a third party, such as postal addresses, telephone numbers, e-mail addresses, credit card numbers, etc.
In the event of failure to comply with these obligations, the Issuer reserves the right to take all appropriate measures to put an end to the acts concerned. He will also be entitled to suspend, delete and/or block his access to the Account.
Without prejudice to any legal action brought by third parties, the Issuer is entitled to take any legal action in its personal capacity to make good any damage it may have personally suffered as a result of the breaches attributable to it under this Contract.
If the User notices a breach of the above obligations, he is invited to inform the Issuer of such actions by contacting customer service at contact@Leetchi-corp.com.
The General Conditions of Use are concluded for an indefinite duration as from the reception by the User of the email of confirmation of his registration. The User may, at any time and subject to 30 (thirty) calendar days' notice, terminate the General Conditions of Use. Such termination shall entail termination of the entire Agreement and consequently closure of the Account. To do so, the User must send his notice of termination of the present to the customer service, by registered letter with acknowledgement of receipt, to the following postal address: Capitainerie de Nantes, Ile de Versailles, 44000 Nantes.
The User shall designate the details of his bank account enabling the Issuer to refund to the User the Electronic Money credited to his Account. In the absence of any indication, it is the Issuer's responsibility to follow the Refund instructions involving the refund by credit of the Bank Card used to acquire the Electronic Money. The Issuer is discharged of any obligation as soon as it has confirmed to the User the transfer on the bank account indicated or the credit on its Bank Card of the amount of Electronic Money. In the event of the appointment of a successor of the Issuer to issue the Electronic Money distributed on the Site, it is the Distributor's responsibility to obtain the express written consent of the User for such change and to inform the Issuer of the terms and conditions for the transfer of the corresponding funds to the Electronic Money less applicable fees.
In case of serious breach, fraud, or unpaid on the part of the User, the Issuer reserves the right to suspend or terminate these by sending an email accompanied in the event of termination of a registered letter with acknowledgement of receipt. Termination entails the deletion of the Account and, where applicable, the User's Refund. Such Refunds may in certain cases be blocked in accordance with anti-money laundering and anti-terrorist financing legislation.
The termination of the General Conditions of Use at the Issuer's initiative may not entail any right to compensation for the User, Distributor or Beneficiary.
The Issuer is subject to all Luxembourg and French regulations relating to the fight against money laundering and terrorist financing. Pursuant to the provisions of French and Luxembourg law relating to the participation of financial undertakings in the fight against money laundering and terrorist financing, the Issuer is required to inform any User of the origin, purpose and destination of the transaction or the opening of the account for any transaction or business relationship. He must also perform all the due diligence necessary to identify the User and, where applicable, the beneficial owner of the Account and/or the Transactions linked to it. The User undertakes to exercise all due diligence to enable the Issuer to carry out a thorough examination of the transaction, to inform it of any exceptional transaction in relation to the transactions usually recorded hereunder and to provide it with any document or information required.
The User acknowledges that the Issuer may terminate or postpone at any time the use of an identifier, access to an Account or the execution of a transaction or a Reimbursement in the absence of sufficient information on its purpose or nature. He is informed that an operation carried out within the framework of the present contract may be the subject of the exercise of the right to communication by the national financial intelligence unit.
The User may, in accordance with the regulations, access all the information thus communicated, provided that this right of access does not call into question the purpose of the fight against money laundering and terrorist financing when this data relates to the applicant. No action and no civil liability action may be brought or any professional sanction pronounced against the Issuer, its directors or its employees who have made in good faith the suspicious transaction reports to their national authority.
The User agrees that the personal details and information concerning him collected by the Issuer in the context of this Agreement may be transmitted to the companies of the group to which the Issuer belongs and to the operational service providers with whom the Issuer has a contractual relationship for the purposes of executing the transactions and services offered, provided that such third party recipients of personal data are subject to regulations guaranteeing an adequate level of protection as defined in Article 561-7 II b of the Monetary and Financial Code. The list of third parties to whom information covered by professional secrecy is disclosed is available on request to the Issuer's compliance officer. This information is kept by him or any company mandated for this purpose, under the legal and regulatory conditions.
Certain information collected and held by the Issuer hereunder may give rise to the exercise of the right of access and rectification under the conditions provided for by Act No. 78-17 of 6 January 1978 as amended relating to data processing, files and freedoms. Any User may at any time obtain a copy of the information concerning him on simple request addressed to the CNIL correspondent of the Issuer. He may request at the same address that this information be deleted or corrected in writing. He may at any time oppose the receipt of commercial solicitations, have his details changed, oppose their communication by sending a notification by registered mail or e-mail followed by an acknowledgement of receipt to the Issuer's customer service address. This letter will have to indicate name, first name, and Identifier.
The Distributor and the Issuer reserve the right to close accounts that have been inactive for more than 24 months. Please refer to the General Sales Conditions of the Distributor's website.
The Parties shall not be held liable, or considered to have failed hereunder, in the event of delay or non-performance, when their cause is related to a case of force majeure as defined by the jurisprudence of the French courts.
If any provision hereof is held invalid or unenforceable, it shall be deemed unwritten and shall not invalidate the remaining provisions. If any provision or provisions hereof shall be or become invalid or declared to be invalid pursuant to any law, regulation or final decision of a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The stipulations declared null and void shall then be replaced by the stipulations which most closely resemble the meaning and scope of the stipulations initially agreed.
The User's funds are deposited at the end of each Business Day in an account opened with a Bank and are held by the latter.
The Contract may not be assigned in whole or in part by the User, whether for a consideration or free of charge. It is therefore prohibited to assign to a third party any of the rights or obligations it holds hereunder. In the event of failure to comply with this prohibition, in addition to the immediate termination of this Agreement, the Issuer may be held liable.
Account creation and management services are invoiced by the Issuer and are included in the fees indicated in the General Terms and Conditions of Sale.
All data entered in an unalterable, reliable and secure manner into the Issuer's computer database relating in particular to payment orders and confirmations received from the User, notifications sent, access, Withdrawal and Refund shall be deemed authentic between the parties until proven otherwise.
Except in the case of application of a law of public order (which shall apply only within the strict limits of its object), it is expressly stipulated that the Contract is subject to French law and that any dispute between the Parties under it shall be subject to the jurisdiction of the competent French courts.
For the purposes hereof, the words hereafter are defined as follows:
« Account »: Means an internal reference allowing the Issuer (i) to identify in its records each transaction involving the purchase, use and reimbursement of Electronic Money carried out on behalf of a User, and (ii) to determine the amount of Electronic Money available to the User at any time. The Account may under no circumstances be compared to a deposit account, a current account or a payment account.
« Banks »: Credit institutions that hold funds collected by the Issuer corresponding to the Electronic Money in circulation. The institutions selected are currently Barclays, Crédit Mutuel Arkéa and ING Luxembourg. The Issuer reserves the right to select any other credit institution based in a European Union Member State or in a State party to the agreement on the European Economic Area. The current list of the selected credit institutions is available upon request at Leetchi Corp S.A.
« Business Day »: Means between the hours of 9am and 7pm on any calendar day, apart from Saturdays, Sundays and public holidays, in France, Luxembourg and in the host country indicated in the Special Conditions, on which the payment infrastructures of all these countries and the Banks are open for business.
« Card »: The bank, payment or credit card used by the User to pay to the Issuer the purchase price of the Electronic Money. This card belongs to one of the following networks: Visa, MasterCard, CB, Amex.
« Distributor »: Means the entity whose contact information is stated in the Special Conditions and who operates the Website. The Distributor prepares, facilitates and advises its customers, for the purpose of concluding the Framework Contract through the Website. It assists the customers for the duration of their relationship with the Issuer within the context of carrying out Payment Transactions, including Purchases and Reimbursements of Electronic Money. To this end, the Distributor provides each User with a dedicated user service for Payment Transactions carried out hereunder. The Distributor does not collect funds apart from those agreed in the Financial Conditions.
« Electronic Money »: Means the monetary value available at any given time that represents a debt payable by the Issuer to the User. Electronic Money is issued by the Issuer in exchange for the User’s delivery of the corresponding funds and constitutes a means of payment exclusively accepted by the Recipients. The Issuer stores the Electronic Money on its server in an Account opened for this purpose.
« Financial Conditions »: Means the document comprising all the fees paid by the User for the purchase, use and management of Electronic Money, as provided in the Special Conditions of Use.
« Framework Contract »: Means the General Conditions for the Use of Electronic Money and the Special Conditions for the Use of Electronic Money.
« General Conditions of Use of Electronic Money »: Means the present document.
« General Conditions of the Website »: Means the general conditions of use of the Website concluded between the User acting as a customer of the Website and the Distributor, including those conditions governing access to the Website.
« Issuer »: Means Leetchi Corp. SA, an issuer of Electronic Money licensed in Luxembourg by the Financial Sector Supervisory Commission under reference n°3812 and entitled to conduct business in the host country indicated in the Special Conditions. The Issuer is on the list of electronic money institutions available at www.cssf.lu/surveillance/ep-eme/listes-officielles/.
« Login »: Means the data required for the Issuer to identify a User in order to carry out a Payment Transaction, consisting of a user name (valid email address).
« Order »: Means the instruction given by the User to the Issuer in accordance with the procedure specified in the Framework Contract, for the purpose of carrying out a Payment Transaction and/or Reimbursement.
« Payment Page »: Means the secure page provided by the Issuer’s electronic banking provider.
« Payment Transaction »: Means the transfer of Electronic Money to the User’s designated Recipient on the Website.
« Recipient »: Means the recipient of Electronic Money, being any natural or legal person acting on their own behalf, selected by the User from among the clients of the Website, who receives Electronic Money as part of a Payment Transaction. Any Recipient can also become a User upon acceptance of the Framework Contract, subject to the Issuer's prior approval. In certain cases, the Recipient may also be the Distributor, in accordance with the Special Conditions.
« Reimbursement »: Means the transfer by the Issuer upon an Order from the User, of cashless payments corresponding to all or part of the available Electronic Money held by him/her, less any costs due. Special Conditions of Use of Electronic Money: Means the form to be filled out by the User on the Website containing his/her personal data and the applicable Financial Conditions for Electronic Money.
« User »: Any natural or legal person acting on their own behalf and holding Electronic Money registered in an Account opened in their name, in order to carry out one or more Payment Transactions.
« Website »: Means the website operated by the Distributor with the aim of selling goods or services to Users or to establish links between Recipients and Users. The address of the relevant Website is indicated in the Special Conditions.
These General Conditions of Use of Electronic Money set out the conditions under which the Issuer will provide You with a means to pay the Recipients that you choose through the Website.
The proposed means of payment must be consistently prepaid by the User and will not be subject to any advance, credit or discount. It is based on the Electronic Money issued and managed by the Issuer.
The Issuer has authorised the Distributor to offer this means of payment to customers of the Website, to facilitate the conclusion thereof and to assist the Users for the duration of their relationship with the Issuer.
These General and Special Conditions of Use of Electronic Money constitute the whole Framework Contract entered into between the Parties regarding the issue, use and management of the Electronic Money issued by the Issuer. The User can, at all times and without any supplemental fees, obtain a copy of these documents on the Website. Only the Framework Contract shall be valid in case of any dispute between the parties.
Any natural person of at least 18 (eighteen) years of age, with capacity to enter into legally binding contracts, as well as any legal person, resident of or registered in a European Union Member State or in a State party to the agreement on the European Economic Area or an equivalent third country that imposes the equivalent requirements regarding money laundering and the financing of terrorism, can request to open an Account, provided that they are a customer of the Website.
The User, a natural person, will be deemed to be acting exclusively for non-professional purposes.
You must provide the Distributor with:
if the Distributor is not already in possession of this information.
You must indicate a Login, consisting of a User name and a password, or connect via your Facebook account. You are solely responsible for the use of your Login and maintaining the confidentiality of your Login. You agree not to use the Account, name or Login of another User at any time, or to disclose Your Login to a third party.
You must protect the secrecy of your Login and password at all times and never disclose it to another person. You must take reasonable steps to keep Your Login and password safe and prevent fraudulent use of Your Account. For example, You should keep information relating to Your Account in a safe place, You should not write down your Login and password and You should take care to ensure that other people do not oversee or hear you using your Login and password.
You agree to immediately inform the Distributor in the event that You suspect any unauthorised use of Your Account or Login.
The Issue reserves the right to immediately suspend or withdraw Your right to make Payment Transactions where: the Issuer has reasonable grounds to believe that there may be a breach in the security of your Account, the Issuer suspects unauthorised or fraudulent use of Your Account or the Issuer is required by law. If the Issuer decides to take such action, the Issuer will notify You in advance, except where this is not possible, in which case the Issuer will inform You at the earliest opportunity. The Issuer will not inform You if it would compromise its reasonable security measures or is otherwise unlawful. If the reasons for the Issuer's actions cease to exist, the Issuer will reinstate Your Account or issue You with new account details as soon as practicable.
After carefully reading the Framework Contract, You must accept it in accordance with the terms specified on the Website and must provide all information and relevant documents requested by the Distributor. By accepting the terms of the Framework Contract, You agree that the Distributor may transmit Your application to register as a User to the Issuer, together with all supporting documents received.
Only the Issuer can accept the Your registration as a User and open an Account in Your name. The Distributor will notify You if the Issuer accepts Your registration in accordance with the terms specified on the Website.
The Issuer may, without stating reasons and with no right to compensation to You, refuse an application to register as a User and to open an Account. You will be notified of this refusal by the Distributor in accordance with the terms specified on the Website.
In addition, the Issuer reserves the right to ask You, before any registration and at any point in the duration of the Framework Contract, for supplementary information and identification data for the purposes of identity checks, as well as any supporting documents that the Issuer may deem necessary.
You confirm upon submission of Your request to register to the Distributor and throughout the duration of the Framework Contract that:
At the Issuer’s discretion, a User who has not provided all the required documents as listed below may be expressly authorised by the Issuer to use his/her Account for the purchase of goods or services up to a limit of 2,500 Euros of Electronic Money held by a User within the same year, provided that this Electronic Money has not been subject to requests for reimbursement exceeding 1,000 Euros per year.
Upon receipt of all the documents listed below and provided that they are deemed satisfactory by the Issuer, the User may initiate reimbursements exceeding 1,000 Euros per year and hold an amount of Electronic Money exceeding 2,500 Euros per year. These Reimbursements will only be granted if the purchase or Reimbursement of Electronic Money is carried out to or from an account opened in the User’s name with a payment services provider established in a European Union Member State or in a state party to the agreement on the European Economic Area or in a third country that imposes equivalent requirements regarding money laundering and the financing of terrorism.
The documents required for any User who is a natural person in accordance with the above are as follows:
It is expressly provided that the Issuer retains the right to request at any time additional documents regarding the User, the Recipient, the beneficial owner or any Payment Transaction or Reimbursement.
The Recipient is considered to be the recipient of the funds that have been transmitted by the User. Where appropriate, the Recipient agrees to provide his/her email address, date of birth and nationality, as well as the postal address of the person to whom the Recipient will pay the funds.
The Issuer will contact You using the contact details You provided when You opened Your Account, or any updated contact details You have provided to the Issuer. It is Your responsibility to update the Issuer with any new contact information, including a change in address. The Issuer will send any correspondence to most recent email address or postal address You have provided to the Issuer for Your Account. You must advise the Issuer promptly of any change to Your contact details in the interests of security (including name or address) and provide appropriate supporting evidence required by the Issuer.
You can contact the Issuer by telephone call to the customer service department of the Distributor at the number indicated in the Special Conditions. All contact should initially be directed through the Distributor. If You wish to contact the Issuer directly, please email email@example.com.
Electronic Money can be purchased by Card (or any other means accepted by the Issuer), in one or more instalments.
To carry out such a transaction, You must Login to the Website and place a money transfer order via the dedicated Payment Page. For any payment, You may be asked to enter a single-use code on the Payment Page, which You will receive on Your mobile phone. By using the Payment Page and, where applicable, entering the single-use code, You are giving Your consent to the Payment Transaction.
The Issuer may refuse any payment at its sole discretion and without giving rise to any right to compensation. The transaction is carried out by Your Card issuer. Any dispute concerning such transfer must be notified to Your Card issuer. The Issuer is not entitled to cancel such a transfer. Notwithstanding the foregoing, You may receive a Reimbursement of Electronic Money in accordance with article 4.4.
The registration of Electronic Money in the User’s name is subject to the actual receipt of funds by the Issuer less the costs agreed in the Financial Conditions.
In the event that the transfer of funds is cancelled by the Card issuer following a dispute, for whatever reason, the Issuer may, upon receipt of the information, suspend or cancel any Payment Transaction, close the Account concerned, debit, at any time, the Account for the amount of Electronic Money corresponding to the funds of the cancelled transfer and recover the amount due from the User by any means.
The Electronic Money is stored for an indefinite duration on the User’s Account by the Issuer under the agreed Financial Conditions.
The Electronic Money purchased is credited to the User’s Account, following the receipt of the funds transferred by Card (or any other means accepted by the Issuer). The amount to be credited is equal to such funds less the corresponding costs as provided in the Financial Conditions.
Upon the User’s Order, the Electronic Money corresponding to the amount of the Payment Transaction or Reimbursement is debited from its Account and the related costs, as provided in the Financial Conditions.
The Issuer is entitled, at any time, to reimburse an amount of available Electronic Money on the Account equal to the charges due and payable, as provided in the Financial Conditions.
The amount of Electronic Money available on the Account is automatically adjusted based on the Orders transmitted to the Issuer (or in the process of being transmitted), the Electronic Money issued, any charges due and payable and any cancellation of one of the aforementioned transactions hereunder.
Before transmitting an Order, the User must be sure to have a sufficient amount of Electronic Money available to cover the Payment Transaction amount and the related costs as agreed in the Financial Conditions.
Where appropriate, the User must acquire a sufficient amount of Electronic Money in accordance with article 4.1 before an Order can be legitimately transmitted to the Issuer for execution. The Electronic Money may be issued and stored by the User, provided that the corresponding funds are duly received by the Issuer. The Electronic Money may in no way be issued on the basis of a credit granted to the User.
As such, if the amount of available Electronic Money, at the date of execution of the Order by the Issuer, is lower than the amount of the Payment Transaction (fees included), the Order is automatically refused by the Issuer. The information about this refusal is made available to the User on the Website. This refusal may give rise to additional fees in accordance with the Financial Conditions.
The transmission terms of an Order by the User are as follows:
When carrying out a Payment Transaction, the User logs on to the Website by entering his/her Login and password or by connecting through his/her Facebook account. The User completes the relevant form on the Payment Page and, where appropriate, provides the supporting documents requested by the Issuer. The form should include the following components: the Payment Transaction amount; the currency, which may only be the currency of the Electronic Money; the details required to identify the Recipient; the date of execution of the Order; and any other required information. The User then gives his/her consent to the Order and the Order becomes irrevocable when the User clicks on the validation tab on the form. The User then receives a confirmation email on a date referred as the ‘Date of Receipt’.
In certain cases, the User may fill in a single form containing the purchase of Electronic Money as provided in article 4.1 and an Order in compliance with the previous paragraph.
Execution of the Order
The Electronic Money is debited from the User Account to be credited to the Recipient Account, following the User instructions. As such, the Recipient may open an Account in accordance with article 3.2 in order to receive the Electronic Money if he/she is not already a User. Where appropriate, the funds corresponding to the Electronic Money transferred to the Recipient can be directly reimbursed to a bank account or a payment account opened in the name of the Recipient upon the receipt by the Issuer of the relevant account details. For this purpose, the Recipient must provide the IBAN number and SWIFT code of his/her bank or payment account as well as his/her address. This account must be opened by a bank or a payment institution, based in a European Union Member State or in a State party to the agreement on the European Economic Area.
It is agreed between the Parties that the Payment Transaction will be executed, at the latest, on the next Business Day following the Date of Receipt if the Recipient has an Account. If the Recipient does not have an Account, the Payment Transaction will be executed as soon as an Account is opened or on the date the Issuer receives the bank or payment account details of the Recipient to whom the funds are due.
If the Date of Receipt is not a Business Day, the Issuer will be deemed to have received the Order on the following Business Day.
When the User wishes to transmit an Order for Reimbursement, the User identifies him/herself on the Website by indicating his/her Login and password or by connecting through his/her Facebook account. The User completes the relevant form on the Payment Page and, where appropriate, provides the supporting documents requested by the Issuer. The form must contain the following components: the Reimbursement amount, the currency, which may only be the currency of the Electronic Money, the date of execution of the Order and any other required information. The User then gives his/her consent to the Order and the Order becomes irrevocable when the User clicks on the validation tab on the form. The User then receives a confirmation email on a date referred as the ‘Date of Receipt’.
The Reimbursement of electronic money purchased by Card by a User will occur by crediting the Card used by the User to purchase such Electronic Money.
Where applicable, the Reimbursement will be carried out by money transfer to the bank account or payment account of the User (using the details for the relevant bank account or payment account already provided by the User to the Issuer (‘Date of Notification’). It is agreed between the Parties that the Reimbursement will be carried out, at the latest, on the next Business Days following the Date of Receipt or the Date of Notification as appropriate.
If the Date of Receipt is not a Business Day, the Issuer will be deemed to have received the Order on the following Business Day.
An Order may not be withdrawn by the User after the date on which it is deemed irrevocable as indicated above.
The User must inform the Distributor of the loss or theft of his/her Login, or misuse or unauthorised use of his/her Login or data as soon as he/she becomes aware of this fact in order to request that the Login be blocked. Such a declaration should be made:
On receipt of the notification, the Issuer, through the Distributor, will immediately block Your Account. The event will be recorded and time stamped. A time stamped objection number will be communicated to the User. A written confirmation that Your Account has been blocked will be sent to You by the Distributor by email. The Issuer is responsible for the file at an administrative level and retains all the data for 18 (eighteen) months. Upon written request by the User and before expiration of such a deadline, the Issuer will communicate a copy of this objection.
The Issuer and Distributor shall not be held liable for the consequences of any request to block Your account that is made by a person who is not the User.
An objection request is deemed to be made at the date and hour of its actual receipt by the Distributor. In case of theft or fraudulent use of the Login, the Issuer is entitled to request, through the Distributor, a receipt or a copy of the complaint from the User who undertakes to respond as soon as possible.
For any claim concerning Payment Transactions or Reimbursements executed hereunder by the Issuer, the User is advised to consult the customer service department of the Distributor or the address indicated for this purpose in the General Conditions of the Website.
If You notify the Issuer that the Issuer has incorrectly executed an Order, the Issuer will refund the amount of the incorrectly executed Payment Transaction and the Account will be restored to its former state before the receipt of the Order without undue delay. The Order is then resubmitted correctly.
A User who wishes to dispute a Payment Transaction not authorised by him/her shall contact the customer service department of the Distributor by telephone (contact details shown on the Website) as soon as possible after becoming aware of the anomaly and within 13 months of the date of the Account registering the Payment Transaction. After validation of the legitimacy of the request, the Issuer will immediately arrange for the refund of the amount of the unauthorised Payment Transaction and restore the Account to the amount it would contain if the disputed transaction had never been executed, including any interest and related charges.
In the event of loss or theft of Your security information (Login and password), or where You have failed to keep your security information safe, You may be responsible for unauthorised transactions carried out before notification of the dispute, up to a maximum of 50£. However, You may be responsible for a greater amount if You have acted fraudulently, have not used your Account in accordance with the Framework Contract or otherwise through Your fault. Except where You have acted fraudulently, You will not be responsible for any losses incurred in respect of unauthorised Payment Transactions arising after you have notified the Issuer of the lost, theft, misappropriation or authorised use of your Account details.
The User may dispute an authorised transaction whose exact amount is undefined or those whose final amount is not that which he/she could have reasonably expected taking into account his/her profile, previous expenditures and the Framework Contract conditions. This request must be submitted to the Issuer within 8 weeks of the execution of the Order on the Account. The Issuer must reimburse the User within a period of 10 Business Days after receipt of the request, if the latter proves justified, taking into account applicable laws, and whether the request consists of all the components necessary for examination by the Issuer. The Issuer reserves the right to refuse such a reimbursement, which will be explained and notified to the User. The latter will provide the necessary information in order to determine the circumstances of the Payment Transaction. The Issuer reserves the right not to reimburse the fees resulting from the Payment Transactions concerned. The fees indicated in the Special Conditions may be collected in the case of a non-justified Payment Transaction dispute.
The User may access, at any time, on its personal page on the Website, the indicative amount of Electronic Money available on his/her Account.
The User has, on his/her personal page on the Website, a statement of Payment Transactions carried out on the Account. The User is advised to pay careful attention to the list of these Transactions.
The Issuer shall make available to the User upon written request a monthly statement of the Account, covering the 13 previous months.
The Issuer reserves the right, at any time, to amend the General Conditions of Use of Electronic Money. Such amendments will be sent by email to all Users at least two (2) months' before they take effect.
If You are not happy with any amendments that the Issuer plans to make to the General Conditions of Use of Electronic Money, You can terminate the General Conditions of Use of Electronic Money immediately and without paying a charge. If You do not end the General Conditions of Use of Electronic Money before the proposed amendments take effect, the Issuer will consider that You have agreed to the amendments. The relationship between the Parties after the date the amendments come into force shall be governed by the new version of the General Conditions of Use of Electronic Money.
It is therefore important that the User reads his/her emails and regularly reads the General Conditions of Use of Electronic Money available on the Website at any time.
The Issuer undertakes to provide its services in accordance with the applicable and professional laws and regulations. In particular, the Issuer will make every effort to ensure the security and confidentiality of the User’s data, in compliance with current regulations in force.
The Issuer reserves the right to temporarily suspend access to the Account on line for technical, security or maintenance reasons, without these operations being eligible for any compensation. The Issuer will limit this type of interruption to a necessary minimum.
The Issuer cannot, however, be held liable to the User for possible errors, omissions, interruptions or delays produced by the Website resulting in an unauthorised access to the latter. Nor can the Issuer be held liable for thefts, destruction or unauthorised communications of data arising from unauthorised access to the Website. In addition, the Issuer will not be involved in the existing legal relationship between the User and the Recipient of the Payment Transaction. The Issuer cannot be held liable for faults, wilful default or negligence of the User or Recipient towards each other.
The Distributor is solely responsible for the security and confidentiality of the data exchanged within the framework of the use of the Website, in accordance with the General Conditions of the Website. The Issuer is responsible for the security and confidentiality of the data that it exchanges with the User within the context of these General Conditions of Use of Electronic Money in respect of the creation and management of the Account, as well as the Payment Transactions associated with the Account.
The Issuer will not intervene in any way in the legal and commercial relationships and any litigation arising between the Recipient and the User. The Issuer has no control over the compliance, security, legality, characteristics and appropriateness of the products subject to a Payment Transaction. In this respect, it is up to the User to obtain all useful information before proceeding to the purchase of a product or service, the collection of funds or any other transaction, in full knowledge of all the considerations involved. Any transaction carried out by the User gives rise to a contract directly formed between him/her and the Recipient(s) with whom the Issuer has no contact. The Issuer cannot, under any circumstances, be held liable for the non-performance or poor execution of obligations that may result, or possible damages caused to the User in this respect.
If the Issuer fails to comply with the Framework Contact, the Issuer is responsible for any loss or damage You suffer that is a foreseeable result of the Issuer breaching this contract or failing to use reasonable care and skill when providing its services under the Framework Contract, but the Issuer is not responsible for any loss or damage that is not foreseeable or which is not caused by its failures. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the Issuer and You knew it might happen.
You acknowledge and agree that the Issuer will not be responsible to You for any loss or damage You suffer in connection with the use of the Issuer's service where such loss or damage is caused by Your acts or omissions or by those of a third party including, but not limited to:
The Issuer will take reasonable care to ensure that any data it holds in relation to You and Your Accounts is secure. However, You acknowledge and agree that a service provided via the internet cannot be completely secure and the Issuer will only be responsible to You for loss or damage to Your data to the extent that it is caused by the Issuer's failure to take such reasonable care.
Whilst the Issuer will use its reasonable efforts to make sure that its service is available to You when You want to use it, the Issuer makes no promise or guarantee that its service will be uninterrupted or error free and the Issuer will not be responsible to You for such errors or interruptions.
The Issue will not be responsible to You for any loss of profit, loss of business, business interruption or loss of business opportunity.
The User guarantees that no part of its profile on the Website will harm the rights of third parties or is contrary to the law, to public order or to accepted principles of morality.
The User undertakes not to:
In the event of User default, the Issuer reserves the right to take any appropriate measures in order to stop the relevant actions. The Issuer will also be entitled to suspend and/or block access to the Account.
The Framework Contract is concluded for an unlimited period. It is applicable from the date of receipt by the User of the email from the Issuer confirming his/her registration with the Issue.
The User can terminate the Framework Contract at any time on 30 (thirty) calendar days' advance notice to the Issuer. The Issuer can terminate the Framework Contract at any time on two months' advance notice to the User.
Such termination shall also constitute the termination of the entire Framework Contract and consequently the closure of the Account.
To terminate the Framework Contract, the terminating Party shall transmit a notice of termination to the other Party by registered letter with proof of delivery to the postal address indicated in the Special Conditions.
The User shall indicate his/her bank or payment account details in the termination letter enabling the Issuer to reimburse him/her with the available Electronic Money. In the absence of such information, the Issuer shall follow the Reimbursement instructions entailing the Reimbursement by credit to the Card used for the purchase of Electronic Money. The Issuer has no further obligations after having confirmed with the User the transfer to the bank account indicated or the credit to the Card of the amount of the Electronic Money.
In the event of gross default, fraud or lack of payment on the part of the User, the Issuer reserves the right, without cause or prior notice, to suspend or terminate these conditions by sending an email accompanied by a registered letter with proof of delivery.
In the event that a successor to the Issuer is nominated to issue the Electronic Money distributed on the Website, it is the responsibility of the Distributor to obtain the User’s express written consent to this change, about the amount of Electronic Money available and to indicate the arrangements for the transfer of funds corresponding to the available Electronic Money to the Issuer.
It is envisaged that the Framework Contract will be automatically terminated in the event of new circumstances affecting the ability of one Party to commit to these conditions.
The User has a period of 14 (fourteen) calendar days to cancel the Framework Contract, without having to either justify any reason or sustain any penalty. This deadline for cancellation shall start from the day of the User's registration.
The User must notify its decision to cancel within the prescribed deadline to the Distributor’s customer service department by telephone or email and send a letter of confirmation to the address of the customer service department of the Distributor. In respect of the exercise of a right of withdrawal by the User, the Framework Contract will be cancelled without any fees charged to the User.
In the event that a User has already benefited from the service and is in possession of Electronic Money at the date of the withdrawal, he/she must transmit his/her bank account details to the Distributor in order to allow the Issuer to reimburse the User with Electronic Money.
The Issuer is subject to applicable legislation regarding the combating of money laundering and the financing of terrorism. As a result, the Issuer must obtain information from any User, for any transaction or business relationship, of the origin, purpose and destination of a transaction or opening of an Account.
In addition, the Issuer must take all the steps necessary to identify the User and, where appropriate, the Recipient owner of the Account and/or any Payment Transactions linked to the Account.
The User recognises that the Issuer can, at any time, stop or delay the use of a Login, access to an Account or the execution of a Payment Transaction or a Reimbursement in the absence of sufficient information pertaining to its purpose or nature. He/she is informed that a transaction carried out within the framework of these conditions may be subject to the national financial intelligence unit’s right to disclosure.
The User can, in accordance with the legislation, access all of the information disclosed, provided this right to access does not undermine the purpose of the fight against money laundering and terrorism financing of terrorism, where this data concerns the applicant.
No prosecutions or civil liability actions can be brought or any professional sanction taken against the Issuer, its managers or employees who have reported their suspicions in good faith to the national authority.
The User’s personal data provided in connection with the opening of the Account, is used by the Issuer for the purposes of managing his/her Account, Payment Transactions and Reimbursements.
The User agrees that his/her contact details and personal information obtained by the Issuer in connection with the Framework Contract may be transmitted to operational providers, with whom the Issuer has a contractual relationship, with the sole purpose of executing Payment Transactions and providing the services under the Framework Contract, provided that these third party recipients of personal data are subject to regulations guaranteeing a sufficient level of protection. The list of the third party recipients of the User’s data is available upon request from the Issuer’s compliance manager at the following address: firstname.lastname@example.org. This information is stored by the Issuer or by any company authorised to do so in accordance with legal and regulatory rules.
The User will be informed prior to any transfer of his/her personal data outside the European Union. In such a case, the Issuer undertakes to respect the regulations in force and to put in place any measure necessary in order to guarantee the security and confidentiality of data transferred in such a way.
Certain information collected and held by the Issuer thereunder may give rise to the rights of access and correction. Any User may, at any time, obtain a copy of the information pertaining to him/her upon request addressed to the Issuer’s customer correspondent at the following address: email@example.com. He/she may request the deletion or correction of this information by letter to the Issuer at the address found at the beginning of this document. The User may, at any time, object to receiving commercial solicitations, amend his/her contact details or object to their disclosure by sending a notification by registered mail or e-mail to the customer service address of the Issuer.
The Issuer will store the personal information and data for a maximum legal or regulatory period applicable depending on the purpose of each type of data processing.
Any Account that is inactive for a period of 12 (twelve) months will receive a notification of inactivity by email from the Issuer followed by a reminder a month later.
If there is no response or use of available Electronic Money within this period, or in the event of the death of the User, the Issuer may close the Account and keep it active for the sole purpose of the Reimbursement of Electronic Money. The right of Reimbursement may be subject to time limits pursuant to the law of the residence of the User, with such time limits starting from the last transaction on the Account. In the event of death, the Electronic Money can only be reimbursed to the User’s assignee.
An Account that has been closed will not permit the further use of Electronic Money.
Neither Party will be liable or responsible for any failure to perform, or delay in performance of, any of their obligations under the Framework Contract that is caused by an Event Outside The Control of a Party.
An Event Outside The Control means any act or event beyond a Party’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If any of the provisions of the Framework Contract is held invalid or unenforceable, it shall be deemed deleted and will not invalidate the other provisions.
If one or more of the provisions of the Framework Contract lapses or is declared as such under any law or regulation or following a final decision of a court of competent jurisdiction, the other provisions will retain their binding force and scope. The provisions considered null and invalid would then be replaced by provisions closest in scope and meaning to those initially agreed.
The collected funds are protected against any claims from other creditors of the Issuer, including in the event of enforcement proceedings or insolvency proceedings against the institution.
The User’s funds are deposited at the end of each Business Day into an account opened with a Bank and are ring fenced by the Bank.
The Framework Contract cannot be subject to a complete or partial transfer by the User, whether against payment or free of charge. It is therefore forbidden to transfer to a third party any rights or obligations that the User owns hereunder. In the event of breach of this prohibition, in addition to the immediate termination hereof, the User may be held liable by the Issuer.
The services offered hereunder are charged by the Distributor on its behalf and on the behalf of the Issuer in accordance with the Financial Conditions.
The Fees due by a User to the Issuer may be paid with available Electronic Money (stored on the User Account) reimbursed at the Issuer sole discretion.
All data held in a permanent, reliable and secure manner in the computer database of the Issuer relating, in particular, to Orders and confirmations received by the User, notices sent, access, withdrawal and Reimbursement will prevail between the parties until proven otherwise.
The User is invited to send any complaint to the customer relations service indicated in the Special Conditions and on the Website.
Any complaint other than as provided in article 5.2 concerning the conclusion, execution or termination of the Framework Contract and services for the issue and management of Electronic Money shall be notified by email (and without any failure or undeliverable messages) to the following address: firstname.lastname@example.org.
If the User believes that the response provided is unsatisfactory, or in the absence of a response within one month after sending the email, he/she may refer the complaint to the Luxembourg Financial Sector Supervisory Commission by post at 110 route d’Arlon L-1150 Luxembourg or by email: email@example.com.
The Framework Contract is governed by the laws of England and Wales. You and the Issue agree to submit to the non-exclusive jurisdiction of the English courts. However, if You are a resident outside England, You may also bring proceedings in Your local courts.