General Conditions of Use of the Card
General conditions of use of the Card concluded between:
Treezor, simplified joint stock company with an equity capital of 3,200,000 euros, registered in the Nanterre Trade and Companies Register under the number 807 465 059 R.C.S. in Nanterre, whose head office is located 41 rue de Prony, 75017 Paris, acting as an electronic money institution in accordance with article L. .525-1 of the Monetary and Financial Code and supervised by the French Prudential and Resolution Authority (“ACPR”), sise 61 rue de Taitbout, 75436 PARIS CEDEX 09, as an electronic money institution under the number 16798,
Hereinafter named the “Treezor” or “Issuer” and,
The Accountholder, a natural person, major and capable, acting on his behalf for non-professional purposes, having entered into a Payment Services Framework Agreement with Treezor and being the Cardholder
Hereinafter named the “Accountholder” or “Cardholder”,
Together named the “Parties”.
The provisions of the Framework Agreement are applicable to the General Conditions of Use of the Card. In addition, terms in capital letters have the meaning given to them in the Framework Agreement.
1. Purpose of the GCU
The present General Conditions of Use stated herein intend to define the conditions of subscription and use of the Card by the Cardholder and the opening of the associated Card Account. The Card is a MasterCard Debit ZELF Card.
In these GCU, and unless the context requires a different interpretation, terms in capital letters have the meanings given to them below:
|Recipient||Refers to the Acceptor of a Payment Order by Card disposing of a point of acceptance.|
|ATM||Refers to automatic bank teller machines|
|General Conditions of Use or GCU||Refers to the present document.|
|Issuer||Refers to Treezor, acting as the card issuer, as well as issuer of the transfer and debit accepted by the Establishment.|
|Electronic Equipment||means any payment device that includes a system allowing the control of the confidential code, for example an electronic payment terminal and which is approved by the GIE CB (CB Bank card Group).|
|Payment Order by Card or Payment Order||Refers to the instruction issued by the Cardholder with its MasterCard Card in order to transfer electronic money units immediately refunded in favour of an appointed Recipient|
|Point of acceptance||Payment page or payment terminal used by the Cardholder to issue a Payment Order by Card to a Recipient|
|Scheme : Mastercard|
Failing definition, terms in capital letters shall have the meaning given to them in the Framework Payment Services Agreement between the Holder and Treezor.
3. Payment account and card account
The Accountholder has previously entered into a Payment Services Framework Agreement and holds a Payment Account in the Issuer's books. It is specified that the Holder will have only one Card.
The Accountholder supplies the Payment Account and the Card Account (s) at the latest prior to Treezor's authorization of the Card Payment Order. The Accountholder shall top-up the Payment Account and the Card Account (s) in accordance with the provisions of the Payment Services Framework Agreement and this Agreement.
The Accountholder may apply for a Card for a Minor Cardholder designated at the time of the subscription. For this purpose, the following documents must be sent:
- the justification of his status as legal representative of the minor before activation of the Card;
- a copy of a valid official identity document of the minor.
For each service, the Issuer provides the Card to the Cardholder under the Pricing Conditions to the extent of the applicable regulation. These fees are collected on the Payment Account in accordance with the Framework Agreement.
5. Card issuing and activation
The Card issued by the Issuer, to which it remains its property, at the request of the Accountholder, at the address it provided. The Accountholder must connect to the Site in order to activate his Card as indicated and must sign these General Conditions of Use. Activation of the Card is subject to the signature of these General Conditions of Use by the Accountholder. In addition, the Holder must have personal security data in accordance with section 8 herein to use the Card. The Card will be fully activated during the first ATM withdrawal using personalised security data.
6. Conditions of use
The Card is intended for non-professional purposes and allow to achieve Payment Transactions which have no professional purposes. The Cardholder agrees to use the Card or its number solely within the Scheme of payment cards to which the brand is indicated on the Card and to respect the terms thereof of each brand indicated on the Card as referred in this agreement.
The Card is strictly personal, its Cardholder must put on it its own signature upon receipt, when a dedicated space on the Card is featured. It is strictly forbidden for the Cardholder to lend or discard the Card. When a dedicated space for the signature is featured on the Card, the absence of signature can justify its refusal.
It is forbidden for the Cardholder to put adhesive tags or stickers or to write on the Card except for the signature above-mentioned. The Cardholder cannot modify the Card on a functional or physical aspect if it can lead to hinder its functioning or those of the electronic payment terminals and automatons (hereinafter the “Electronic Equipment”), or the automatic cash dispenser (the ATMs).
The Accountholder undertakes to ensure compliance with these conditions of use by the Lessee. In addition, the Accountholder ensures that the Minor Cardholder only carries out withdrawal or payment transactions for the purchase of goods or services described as acts of everyday life. It is a purchase of a modest pecuniary value according to the age of the Minor Cardholder and the financial means that are made available by the Accountholder to the Card Account.
7. Card purpose
The Card allows the Cardholder:
- To withdrawal cash using automatic cash dispensers of duly authorised establishments providing payment services, displaying one of the Scheme payment card brands appearing on the Card,
- To settle purchases of goods and services to merchants and services providers equipped with a Point of acceptation displaying one of the Scheme payment card brands appearing on the Card (hereinafter the “Acceptors”),
- Remotely settling, possibly by using the chip, the purchases of goods and service to the Acceptors.
8. Personalised security features
Personalised security features are made available to the Cardholder by the Issuer. They allow the Cardholder to use the card. They exist in the form of a personal code, communicated personally, only and confidentially to the Cardholder by the Issuer. The Cardholder must take any measures to ensure the security of the Card and the confidential code and more generally any other element related to the personalised security features. The Cardholder might be invited to choose its confidential code when activating the card. The Cardholder must keep its code secret and must not communicate to any other person. In all cases, it must take all appropriate measures to ensure the security of its Card, the card code and more generally any other element constituting the personalised security data of the Card. Exceptionally, the Cardholder may communicate it to third-party payment service providers authorised in a Member State of the European Union or in a State Party to the European Economic Area, for account information services and initiation of payment transactions within the meaning of Article 4 of European Directive 2015/2366. The Cardholder must ensure that the payment service provider is approved for these services and that he / she enters his / her personalised security data in a secure environment.
It means for instance not writing the code on the Card or any other document. The Cardholder must ensure to enter the code hidden from prying eyes. He or she must use the personalised security features each time he or she receives the instruction by the Point of acceptation, under penalty of involving its own liability. This code is essential for using the Electronic Equipment and any remote payment terminal (such as the secured reader connected to a computer, TV decoder, mobile phone with Card insertion…) made in such a way that no transaction can be made without entering the code. The number of successive attempts when entering the code is limited to three (3) on the Electronic Equipment. At the third unsuccessful attempts, the Cardholder causes the Card invalidation and/or, if so, its capture. When the Cardholder remotely performs a Payment Transaction by Point of acceptation by entering the confidential code, he or she must ensure that the terminal is certified by the Scheme by verifying if the brand MasterCard is displayed and only use it for the purposes described in article 1. The Cardholder must take any measures to ensure the security of the personalised security features, which, other than the confidential code, can be a remote payment terminal under its own custody.
Such personalised security data is also assigned to the use of the Card by a Minor Cardholder. A different personal code is communicated by mail to the Accountholder home. The Accountholder and the Minor Cardholder may choose a code when activating the Card.
The Accountholder ensure that the Minor Cardholder acknowledge of and complies with all the security measures set out above.
9. Other personalised security features
To ensure the securing of remote Payment Orders by Card (via Internet for instance) by the Cardholder, it may be asked to the latter to communicate, other than the usual information related to the remote use of the Card (number, validity date and visual cryptogram on the back of the Card), any other information (for instance a password or a different code than the one mentioned in article 8) allowing a strong authentication of the payment order, which Where applicable if so, be communicated by the Issuer. The Cardholder acknowledges having been informed by the Issuer that, for any secured Payment Order by Card done remotely from a foreign country, the delivery by the Issuer of the securing information may result in additional fees to any transporter of said information, such as its mobile phone operator. These fees, the amount of which will be brought to the attention of the Cardholder before the initiation of the Card payment transaction, will remain the responsibility of the latter, who accepts them from now on.
10. Form of consent and irrevocability
The Parties agree that the Cardholder gives its consent to issue a Payment order before or after determining its amount:
- By entering the confidential code on the keyboard of an Electronic Equipment, by verifying the presence of one of the Scheme payment card brand displayed on the Card,
- By the introduction of the Card in an Electronic Equipment deprived of a keyboard to enter the confidential code, by verifying the presence of one of the Scheme payment card brand displayed on the Card,
- By the communication and/or confirmation of the information related to the remote use of the Card,
- By the confirmation of the information related to the Payment Order communicated via a certified interbank digital wallet.
The Cardholder and the Issuer agree that the Cardholder can use the Card for a chain of Payment Transactions by Card, hereinafter named “recurring and/or staggered payments”, to the Acceptors for the purchase of goods and/or services. The Cardholder gives its consent to the chain of Payment Transactions by Card by the communication and/or confirmation of the information related to the remote use of the Card during the first transaction, if so via a certified interbank digital wallet. The Cardholder may withdraw in the future its consent to the execution of a Payment Transaction or chain of Transactions at the latest at the end of the working day preceding the day agreed for its execution (a working day is a day during which the Issuer exercises an activity allowing the execution of payment transactions).
The Payment Transaction by Card is authorised if the Cardholder has given its consent in one of the forms stated above. From this moment the Payment Order is irrevocable. However, the Cardholder or the Accountholder can contest the payment in case of liquidation proceedings for the Acceptor.
The Minor Cardholder gives his consent to carry out a Card Payment Transaction under the same conditions. Nevertheless, according to the sovereign appreciation of the judges, an act passed by a minor may be null and void for simple injury. The Accountholder undertakes to inform the Minor Cardholder about the limits applicable to him. Only the acts of the everyday life can be passed by the Minor Cardholder provided they are concluded under normal conditions. Excluding acts of everyday life, purchases are dangerous in light of the financial capacity of the Minor Cardholder.
Cash withdrawals from ATMs are possible within the limits of the amount available at each ATM. The recorded amounts of such withdrawals as well as the possible commissions are immediately debited from the Holder's Card Account without any obligation to indicate the number or the name of the Cardholder used and carries the debit of the Payment Account.
The Cardholder and the Accountholder must, before each withdrawal and under their own responsibility, ensure the existence of the Card Account on which the Card is associated with a sufficient and available balance. The Accountholder agrees to maintain the balance until the corresponding debit.
The currency exchange rate terms in case of using of the Card for cash withdrawal in a Foreign Currency are governed by Article 13 hereof.
The Card is a payment instrument which must be used only to settle the purchase of goods actually delivered and services actually provided. The payments by Card are done according to the provisions and conditions in effect with the Acceptors. They include in principle the control of the confidential code and, under certain conditions defined by the Schemes, a request of authorisation. When the Acceptor is located in a State of the European Economic Area ((Member States of the European Union, Iceland, Norway and Liechtenstein), it has the possibility to install a mechanism of priority selection on the Electronic Equipment. If the Cardholder does not agree with this choice, he or she can ask the Acceptor for the use of another Scheme or another payment application displayed as “accepted” by the Acceptor.
For the Payment Orders by Card done remotely, the Cardholder can be required to comply with a secure procedure of said Payment Orders, as described in article 8 above.
The settlements presented for payment by the Acceptor involve a debit registered on the Card Account, on which functions the Card according to the Specific Conditions of this Agreement. Even if there is a deferred payment, Treezor has the right to immediately debit the Card Account on which the Card of the amount of Payment Transactions made using the Card in the event of death or legal incapacity of the Bearer, of operating incidents in the Account (execution procedure), of the closure of the Payment Account or of the withdrawal of the Card by Treezor, which decision would be notified to the Cardholder and to the Accountholder by simple letter. Disputes concerning these Transactions are handled under the conditions set out in Article.
The Cardholder must ensure, on the day of the debit of the settlements, that the Card Account on which functions the Card has a sufficient and available balance which will be transferred to the Acceptor and immediately reimbursed.
The detailed amount transferred from the Card Account above-mentioned appears, unless stated otherwise, on a statement of the Transactions sent after each Transaction through the Partner.
The Issuer is not concerned by any trade dispute, meaning other than related to the Payment Order, which can appear between the Cardholder and an Acceptor, between the Cardholder and the Accountholder. Such a dispute cannot justify the refusal by the Cardholder or the Accountholder to execute the settlements by Card.
A Payment Transaction by Card can only be reimbursed by an Acceptor if there was a transaction debited from an amount higher or equal. This reimbursement must be done with the same Card than the one used for the initial transaction.
A Payment transaction can be used to obtain “quasi-cash” (chips from a casino, foreign currency…) in the dedicated locations to do so.
In some cases, the merchant can ask the Cardholder to have an available balance higher than the amount of the transaction the Cardholder wishes to do. Only the real and final value of the transaction will be effectively debited from the Card Account, and when appropriate, from the Payment Account. The Acceptors take securities and must block the funds which may not be debited from the Card. It can concern for instance:
- hotels, car rentals, and internet websites – some merchant sites proceed to request an authorisation on the Card to ensure the funds’ availability. This authorisation has a temporary impact on the available balance on the Card Account. Many merchants only debit a Card at the moment of the delivery of the goods, the Accountholder must hence ensure to have at all time the sufficient funds to cover these purchases.
The Card must not be used in situations where it is not possible to obtain an authorisation request online which would allow to know the available balance on the Card Account.
The Card can be used at fuel pumps in self-service in France, as long as the available balance is higher than the necessary amount to authorise the purchase. The Card can be used to pay at the cashier.
If, for any reasons, a transaction which had not been subject to a systematic authorisation, has been paid by the Issuer despite an insufficient available balance on the Card Account, the debit amount would be written on the statement of the Accountholder on a specific line “outstanding debt”. The Accountholder agrees to credit the Card Account as soon as possible, in order to allow Treezor to debit the account proportionally to its outstanding debt. The Accountholder will be notified and will receive an invoice to be paid immediately. If the Accountholder does not immediately pay this amount after having received the invoice, the Issuer will be able to take any necessary measure, including legal, to obtain the due amounts.
The exchange currency rate terms for the use of the Card to pay for the purchase of goods and services in Foreign Currency are governed by Article 13 hereof.
13. Foreign currency and foreign exchange transactions
The Accountholder has the option to make withdrawals or Card Payment Transactions in Currency. In fact, the Card is recognized by the Network as a domestic card in Local Currency, provided that sufficient funds are available on the corresponding Card Account denominated in said Currency.
In case of insufficient provision in the Card Account, if the amount of the Card Payment Transaction is available on the Payment Account, the Transaction will be treated as an International Card Payment Transaction, under the conditions described below.
When the Cardholder uses his Card to withdraw cash or settle goods or services in a currency not proposed by the Institution or the corresponding Card Account does not have a sufficient provision at the time of transmission of the 'Payment order', the Payment Transaction is executed according to the following conditions from the provision available in Euro on the Payment Account. The exchange rate that may be applicable is that applicable on the date of processing of the Payment Transaction by the relevant Payment Card Network. The currency conversion shall be effected by the relevant Payment Card Network Center on the day of processing the Payment Transaction at that exchange and the exchange conditions of the said Payment Card Network.
The Card Payment Transaction statement contains the following information: amount of the payment transaction in original currency, amount of the payment transaction converted into euro, amount of fees, exchange rate applied. The Payment Account Statement shows the balance of the Payment Account.
14. Reception and execution of the payment order
By convention, the Issuer informs the Cardholder that the Payment Order by Card has been received at the moment where it is communicated by the Acceptor’s bank or by the manager of the automatic cash dispenser, through the clearing system or settlement of the payment order. When the Payment Order by Card has been executed within the European Economic Area, the Issuer has a period of one (1) working day after this receipt, to credit the account of the Acceptor’s bank. Concerning the withdrawals, the Issuer informs the Cardholder that the withdrawal order is executed immediately by the provision of cash in the Cardholder’s hands.
15. Treezor’s responsibility
When the Cardholder denies having consented to the Payment Transaction by Card, the Issuer must bring the proof of authentication of the Transaction, duly registered and accounted in accordance with the state of the current technology and scientific knowledge, and that the Transaction has not been affected by a technical deficiency. This proof of use of the Card and of the personalised security features can be provided by all means, such as recordings of Points of acceptations or their reproduction on a computer support. The Issuer can use these recordings to justify their imputation to the Card Account on which the Card functions.
The Issuer is responsible for the direct losses incurred by the Cardholder or the Accountholder and caused by a technical deficiency of the Card on which the Issuer has a direct control. However, the Issuer is not held liable for a loss caused by a technical deficiency of the Scheme if it was reported to the Cardholder by a message on the Point of acceptation or other visible way.
16. Parties responsibilities
The Cardholder must take any measure to keep its Card and maintain the personalised security features attached to it, such as his confidential code. He or she must use it in accordance with the purposes specified in article 1. The Accountholder bears the consequences of the use of the Card as long as he did not make any request of contestation as described in the Payment Service Framework Agreement. The Accountholder must ensure that the Cardholder has become aware of and comply with these measures.
The unauthorised Payment Transactions by Card following the counterfeit of the Card or the unauthorised use of the information related to its use are the responsibility of the Issuer.
17. Duration and termination
The General conditions of use are concluded for an unlimited duration. It can be terminated at any time by registered letter with acknowledgement of receipt by the Accountholder, the Cardholder or by the Issuer. The termination by the Accountholder or the Cardholder shall take effect thirty (30) days after the date of receipt of his notification to the Issuer. The termination by the Issuer shall take effect two (2) months after the date of receipt of its notification to the Accountholder. It is expected that in case of closing of the Payment Account of the Accountholder, the General conditions of use are automatically terminated without notice. The Accountholder must restore the Card at the effective date of termination. He or she agrees to respect and make sure the Cardholder respects all the contractual provisions of the General conditions of use until the aforesaid date. As of the effective date of termination, the Cardholder cannot use the Card anymore and the Issuer can take any measures necessary to do so.
18. Period of validity of the card – renewal – withdrawal and restitution of the card
The Card includes a period of validity which term is indicated on the Card itself. The limited period of validity of the Card corresponds to technical and security necessities and does not have any consequence on the unlimited period of the General conditions of use. At the expiry date, the Card can be renewed automatically unless the General conditions of use were terminated under the conditions stated here above. Except in case of blockage resulting from the management of the Card Account on which functions the Card, the Issuer can block the Card for security reasons or in case of presumption of unauthorised or fraudulent Transaction, or in case of high risk that the Accountholder is unable to satisfy to its payment obligation. This decision to block is motivated and notified in any cases to the Cardholder and/or the Accountholder. If so, the Issuer can remove the Card or make an Acceptor, or any duly certified payment services institution remove it. The closing of the Card Account on which functions the Card or the Payment Account of the Accountholder results in the obligation for the Cardholder to return the Card. The definitive closing of the Account can only intervene at the earliest one (1) month after the restitution of the Card(s).
19. Contestation of a transaction
The challenge of Card payment transactions is governed by Article 18 of the Payment Services Framework Contract
The Issuer agrees to exchange at any time the Card declared defective. The defective product must be returned to the Issuer as it is by registered letter with acknowledgment of receipt (the shipping charges are reimbursed to the Holder on its funds reserve if the product is confirmed to be defective after verification by the services). The Card wrongly declared defective will be returned to the Cardholder, with the charge for it of management fees, which will be debited on his funds reserve. In any cases, the Cardholder has legal warranty of conformity and latent defects, in accordance with articles L. 211-4 and following of the Consumer Code and article 1641 of the Civil Code.
The warranty does not cover:
- The abnormal use or non-compliant use of the Card compared to its purposes and the documentation of its uses and the present Agreement;
- The defects and their consequences related to a non-compliant use;
- The defects and their consequences related to any external cause;
- The negligence in the conservation of the Card (prolonged exposure to the sun, to the water or high humidity, repeated contacts with metallic objects such as keys, etc.).
Every false declaration is subject to legal sanctions. Every false declaration or abusive use of the Card can also result in the termination of this agreement. Every fees or real expenses engaged for the forced recovery of the Transactions are shared jointly by the Cardholder and Holder. The amount of the Payment Transaction by Card which could not be debited to the Card Account and when appropriate on the Payment Account on which the Card functions, shall bear interest at the legal rate starting from the value date and without prior notice.