GENERAL CONDITIONS OF USE FOR THE DELUPAY SERVICE
(INDIVIDUAL CUSTOMERS)
Between the undersigned :
DeluPay, a société par actions simplifiée (simplified joint-stock company) with capital of €1,909,000, registered in the PARIS Trade and Companies Register under no. 914 438 031, headquartered at 10, rue Roquépine - PARIS 8ème, specializes in web and mobile application solutions, notably for payment and collection.
In order to offer its QR code or contactless (NFC) payment solution to its customers (hereinafter, the " Service "), DeluPay also acts as :
- Agent Prestataire de Services de Paiement (within the meaning of article L.523-1 et seq. et seq. of the French Monetary and Financial Code) of Banque Delubac & Cie, a Société en Commandite Simple with capital of 11,695,776 euros, registered in the Aubenas Trade and Companies Register under no. 305 776 890, with registered office at LE CHEYLARD (07160) 16, Place Saléon Terras, authorized as a credit institution (CIB : 12879) and subject to the supervision of the Autorité de Contrôle Prudentiel et de Résolution (hereinafter referred to as the "Bank" or "Banque Delubac & Cie"). This mandate granted by the Bank enables DeluPay to offer its customers the opening of a payment account, necessary for the operation of the Service it offers (hereinafter, the "Payment Account").
- Intermédiaire en Opérations de Banque et Services de Paiement ("IOBSP") acting as the exclusive agent of Banque Delubac & Cie. This mandate enables DeluPay to offer credit facilities to customers wishing to pay for their purchases in several monthly instalments. Credits are taken out with Banque Delubac & Cie and are subject to the latter's approval (hereinafter referred to as the " Credit Offers ").
DeluPay is thus registered with ORIAS as an IOBSP under number 22006599 and approved as an agent for payment services (Regafi ID: 721845) (hereinafter referred to as " DeluPay ").
AND
the user of the DeluPay Service, hereinafter referred to as the " Customer ".
It is agreed as follows:
I. PURPOSE AND GENERAL PRINCIPLES OF THE AGREEMENT
1. PURPOSE OF THE AGREEMENT
The purpose of this agreement is to define the general conditions relating to the opening and use of the Service offered by DeluPay and the associated services.
It consists of these General Terms and Conditions and the associated Tariff Conditions (hereinafter referred to as the " Agreement ").
As soon as the Service is opened and in order to enable its operation, the Customer will, where applicable, have a Payment Account opened in the books of Banque Delubac & Cie.
Payment transactions initiated using the Service by QR Code, NFC or remotely on the Internet will be made in euros only and charged to the Customer's Payment Account opened in the books of Banque Delubac & Cie.
For pre-contractual information, the Agreement is sent to the customer on a durable medium.
2. DESCRIPTION OF THE SERVICE OFFERED BY DELUPAY
2.1 The QR Code or contactless (NFC) dematerialized payment service :
A QR code (Quick Response Code) is a type of two-dimensional barcode, made up of black square modules set in a square with a white background. These dots define the information contained in the code. It is used to facilitate access to information via a smartphone. As part of the DeluPay Service subscription, this QR Code is made available to the customer by various means:
- Via the merchant's DeluPay application, which automatically generates a unique QR Code for each transaction directly on the cash register or via its dedicated application
- Via the QR Code displayed permanently on the merchant's cash register (called the cash register QR Code)
- Via the QR code generated by the e-merchant when choosing the online payment method.
Merchant(s)" refers to all DeluPay partner merchants and e-merchants.
By scanning this QR Code, generated via the DeluPay application at a Merchant partner, the Customer will be able to pay for his purchases instantly if the available credit limit on his Payment Account allows him to do so. The DeluPay server will then confirm the available balance and validate the payment transaction initiated by the Customer. To scan the QR Code, the Customer must open the DeluPay application, select the "QR Code scanner" mode and point the smartphone camera at the QR Code. The application will decipher the information contained in the QR Code, enabling the Customer to initiate the payment transaction.
NFC (Near Field Communication) is a contactless payment system using radio waves. This protocol enables data to be exchanged over very short distances (a few centimeters).
The customer can initiate and consent to a payment transaction in the context of a face-to-face payment with a merchant, via the DeluPay mobile application.
At physical points of sale, the Merchant launches the application and enters the transaction amount to be paid by the Customer. A QR Code will be generated by the Merchant's terminal and presented to the Customer for payment. At the same time, the Customer scans the QR Code generated by the Merchant. By deciding to scan the Merchant's QR Code via the DeluPay application, the Customer consents to and validates the payment transaction. A notification received by the Customer then informs him/her of the completion of the payment.
In order to pay via NFC mobile payment (without scanning a QR Code), the customer's smartphone must be equipped with an NFC system. Thus, when a Merchant enters the amount of a payment transaction, the Customer approaches his cell phone to the Merchant's dedicated NFC support in order to validate and consent to the contactless payment transaction to settle the amount of his purchases.
It is also possible for the Customer to pay for his purchases by entering in his application the unique transaction code provided by the Merchant.
These services can be used at all merchant partners who have the payment service offered by DeluPay at their point of sale.
2.2 The online payment service :
On a DeluPay Service partner website, the Customer will be able to pay for his purchases by choosing the DeluPay online payment method. Customers will then be redirected to their DeluPay payment page, where a QR Code will be generated. He will then have to open his application by authenticating himself with one of the personalized security data accepted by the cell phone, then confirm his operation by scanning the transaction QR Code for payment of his purchases.
These services are available from all merchant partners who display the DeluPay logo on their online payment page.
2.3 Mobile online payment service
If the customer makes purchases from a merchant using a cell phone compatible with the DeluPay application, they can also pay by selecting DeluPay as the payment method. This will instantly open the application on their cell phone (requiring authentication using one of the personalized security details accepted by the cell phone), followed by validation of the transaction (without QR Code), marking the Customer's consent to the payment operation.
These services are available from all merchant partners who display the DeluPay logo on their online payment page.
II. CONDITIONS OF ACCESS & ELIGIBILITY FOR SERVICES
3. CONDITIONS OF ACCESS TO THE SERVICE
3.1 Devices compatible with service use
The Customer accesses the Service via remote access channels (smartphone, computer, tablet or any other compatible connected object).
The Service is accessible via the "DeluPay" mobile application, which can be downloaded legally from one of the official platforms.
In any case, to use DeluPay, the Customer must have installed the application on his/her cell phone and updated it as necessary.
3.2 Authentication means
Access to the Service is only possible via secure access.
To identify himself and access the Service, the Customer must enter his cell phone number, which must be provided to DeluPay, as well as the one-time code he will have received by SMS.
This identifier is supplemented by the following means of authentication:
- A 5-digit PIN code or biometric identification can be configured for the validation of any transaction equal to or greater than 50 euros (and can be configured for a lower amount at the customer's initiative);
- A biometric recognition device (e.g. fingerprint or facial recognition sensor on the cell phone), which can replace the use of the PIN code.
3.3 Precautions for use and safety
Access to the Service is secured by personalized security devices which the Customer undertakes to protect in accordance with the present terms and conditions. The personal codes (identifier, PIN code) communicated to the designated Customer are strictly confidential.
In this respect, the Customer acknowledges that the PIN code is strictly personal and confidential. It is expressly agreed that the Customer is entirely responsible for the use and safekeeping of his/her personal codes and, where applicable, for the consequences of their disclosure or use by third parties. It is therefore the Customer's responsibility to keep these codes secret and not to communicate them to anyone.
In particular, it is the Customer's responsibility to ensure that their personal codes are stored and entered in conditions of complete security and confidentiality. Furthermore, at the end of each session, the Customer must immediately and imperatively disconnect from the Service.
If the Customer forgets his/her PIN code, he/she will have to go through a new identification procedure (ID check and facial recognition), in order to reset it. The code can also be changed by the Customer using a secure process (verification of the old PIN code + validation of the new PIN code).
4. OPENING A PAYMENT ACCOUNT
4.1 Payment Account opening procedure
In order to use the Service offered by DeluPay, the Customer hereby acknowledges and agrees to open a Payment Account with Banque Delubac & Cie. The procedure for opening this Payment Account takes place at the same time as the opening of the DeluPay Service. It is carried out by DeluPay in its capacity as Banque Delubac & Cie's Payment Service Provider.
In order to subscribe to the Service and to have the Payment Account required for the operation of the Service, the Customer acknowledges :
- that he/she is acting as a natural person, aged eighteen (18) or over, not under legal incapacity, residing in France and not acting for professional purposes,
- That he/she is not, or is not assimilated to a "US Person", i.e. that he/she is not a US taxpayer as defined by the US tax authorities and the FATCA Act of March 18, 2010 (Foreign Account Tax Compliance Act):
The following are defined as "US Person": citizens of the United States or any person presumed to be a citizen of the United States if he or she possesses a US passport or was born in the territory of the United States, even if such place of birth appears on a passport of another country, provided that renunciation of US citizenship cannot be demonstrated, and even if the person also possesses another nationality or has his or her residence in another country; residents of the United States, regardless of their nationality, either: (a) anyone who is considered a U.S. tax resident under U.S. federal law, (b) anyone who applies to be treated as a U.S. tax resident, or (c) anyone who is considered a U.S. tax resident under the law of that U.S. state; holders of a U.S. green card; persons whose principal residence or business address is in the United States; persons whose principal mailing address is in the United States.
Also considered a "US Person" and a US tax resident under US federal law is any person meeting the "long-term stay criterion over a calendar year in the following cases: physical presence in the United States for at least 31 days of the current calendar year, and physical presence in the United States for at least 183 days during the three-year period that includes the current year and the two preceding years, counting: (a) all the days the person was present during the current year, and (b) 1/3 of the days the person was present during the year preceding the current year; (c) 1/6 of the days the person was present two years prior to the preceding current year.
DeluPay, in conjunction with its banking partner Banque Delubac & Cie, remains free to accept or refuse the opening of the Service and the associated Payment Account, without being obliged to justify its decision.
After analysis, DeluPay will forward all the documentation provided by the Customer and required to open the Service and the associated Payment Account to Banque Delubac & Cie, in accordance with current regulations.
The opening of the Service and the associated Payment Account are subject, in particular, to :
- the completion of the entire customer profile;
- presentation of a valid official identity document bearing the Customer's photograph;
- communication of an external main account number either by IBAN or by a DeluPay partner open banking service;
- signing the contractual documentation and a SEPA direct debit mandate;
- the provision, at DeluPay's request, of any information required to verify its identity and transactions.
In the context of customer knowledge, and to enable DeluPay to carry out its own due diligence, the customer must also provide information relating to his or her country of tax residence, income and profession.
4.2 Account transactions
The Payment Account records the transactions carried out by the Customer when using the DeluPay Service.
It will record all the payment operations associated with the Customer's transactions (purchases made by the Customer).
Payment transactions carried out by the Customer are recorded on the Customer's Payment Account on the day they are carried out.
III. PROPOSED PAYMENT TERMS
5. DETERMINATION OF MONTHLY PAYMENT CAPACITY
In order to pay for purchases using the DeluPay Service, the Customer is granted a capped monthly payment capacity (hereinafter, the " Payment Capacity "). This Capacity to Pay defines the maximum amount that the Customer may spend monthly on purchases using the DeluPay Service, given his/her financial situation.
This Payment Capacity is determined according to one of the two following procedures, depending on the choice made by the Customer when opening the Service:
- Connection of DeluPay to the customer's main bank account, using an Open Banking service. This option makes it possible to collect the necessary data from the bank concerned, and thus determine the Customer's Capacity to Pay on the basis of the income recorded on the analyzed account (account information service implemented in compliance with DSP 2 regulations);
- Manual entry by the customer of the IBAN of his/her bank account, enabling DeluPay to send the customer a micro-transfer incorporating an 8-digit code, necessary for the minimum monthly payment capacity of 200 euros (failing which, this amount is limited to 50 euros). In order to have a Payment Capacity higher than the minimum amount (increase of the ceiling), the Customer will have to prove his income by uploading, via the DeluPay application, the last three monthly statements of the identified bank account (unless the Customer decides to connect later his main account via the open Banking partner service).
Under no circumstances may the Customer exceed his Monthly Payment Capacity when making purchases using the Service.
As a result, any payment transaction likely to cause the Customer's Monthly Payment Capacity to be exceeded will be automatically blocked.
The Customer's ability to pay may be reassessed in the light of changes in his financial situation (e.g. changes in income) or a change of bank account.
6. STANDARD PAYMENT TERMS
These payment terms are offered by DeluPay in its capacity as agent for Banque Delubac & Cie's Payment Services Provider.
On opening, the Service is set by default to "deferred debit" (a payment by deferred debit not exceeding 30 days). After the first due date, the customer can change the debit mode to immediate (and vice versa thereafter). This option can be set up on a monthly basis by the customer via the application.
6.1 Cash payment
The customer can use the DeluPay mobile application to make a cash purchase from a merchant partner. This solution enables customers to pay for goods or services instantly by debiting their Payment Account.
It is reminded that each payment transaction carried out by the Customer using the Service will reduce his Monthly Payment Capacity by the same amount.
If this solution is chosen by the Customer, DeluPay will then initiate a SEPA direct debit which will be issued to the external bank account communicated by the Customer when opening the Service, in order to reimburse the payment registered in the Payment Account. This direct debit will be initiated on the business day following the due date of the debt. The Customer acknowledges and expressly authorizes DeluPay to proceed with the said direct debit for the purpose of reimbursing the balance of cash transactions. The Customer acknowledges and expressly accepts that he/she is obliged to reimburse the full amount of his/her payment transactions.
6.2 Payment by deferred debit not exceeding thirty (30) days
This solution enables customers to pay for all their DeluPay Service purchases over a monthly period in a single payment. In contrast to the previous payment solution, the customer pays in full, at a fixed date, for all purchases made during the month.
Each debit to the Customer's Payment Account will reduce his available monthly Payment Capacity.
The sum of all purchases made via this deferred debit solution will be stopped on a specific monthly date. The cut-off date is the date on which payments are stopped for the current month, i.e. the date on which DeluPay no longer takes into account payments made. From the cut-off date, the next payments made by the customer will be taken into account in the next month's direct debit. If the cut-off date falls on a public holiday or weekend, the cut-off will be carried out on the previous working day.
On the day following the cut-off date for payment transactions, a SEPA direct debit will be issued by DeluPay to the Customer's bank account declared when the Service was opened. The Customer acknowledges and expressly authorizes DeluPay to proceed with the said direct debit for the purpose of reimbursing the balance of transactions carried out during the deferred debit period concerned. Direct debits are made on a working day. If this date falls on a weekend or public holiday, the debit will be postponed to the next working day.
7. CREDIT PAYMENT SERVICES
Section subject to service availability
7.1 General provisions
A credit solution is offered by DeluPay under the exclusive mandate of Intermédiaire en opérations de banque et services de paiement (IOBSP) granted to it by Banque Delubac & Cie.
In addition to the standard payment options mentioned above, the Customer may opt to pay for his purchases in several monthly instalments, according to one of the following options:
- instalments repayable in 3 free instalments or,
- payment by revolving credit for one (1) year.
The customer is hereby informed that the credit service offered is subject to the prior written approval of Banque Delubac & Cie in its capacity as credit institution, after examination of the customer's application, in accordance with the conditions and limits laid down by the regulations in force. Banque Delubac & Cie reserves the right, at its own discretion, to decide whether or not to grant the requested credit, or to offer the customer a credit solution that it deems more appropriate in view of the customer's financial and repayment capacity.
The Customer acknowledges and accepts that, in the event of the Bank granting a credit solution, he/she undertakes to ensure repayment, together with any applicable charges and interest, in accordance with the schedule and amounts indicated in the payment conditions available in the mobile application. In this respect, the Customer is invited, each time, to check his repayment capacity before subscribing to a credit solution.
7.2 Payment in instalments not exceeding three (3) months
Payment in instalments is a credit facility granted to the Customer by Banque Delubac & Cie in connection with the purchase of eligible goods or services from a Merchant. It allows purchases to be paid for in two (2) or three (3) instalments under the conditions defined herein (minimum purchase amount of 40 euros and subject to a maximum amount reimbursed per instalment of 80% of the monthly Payment Capacity granted).
In accordance with article L. 312-4 of the French Consumer Code, the offer of payment in instalments is not subject to the provisions of articles L.312-1 et seq. of the French Consumer Code due to the repayment period not exceeding three (3) months and the negligible charges and interest received. Consequently, Banque Delubac & Cie does not contractually subject this payment in instalments to this regime, which the Customer acknowledges and accepts.
If the credit application is approved by Banque Delubac & Cie, the customer will receive a notification on the customer area available in the DeluPay application, as well as on a durable medium at the e-mail address indicated during the application procedure. This notification will contain all the characteristics relating to the credit requested (amount, amortization, interest, charges, commissions, TEG, start date, maturity date). The customer can then "validate" his choice of credit in the DeluPay application by following the authentication procedure proposed. The credit can then be used by the Customer to pay for his purchase using the DeluPay Service, under the conditions and within the limits set out herein. It must be reimbursed on the due dates communicated and no later than 3 (three) months from the date of subscription to the credit by the Customer.
The Customer acknowledges that he/she will be required to repay the full amount of the transaction to DeluPay, together with any applicable fees and interest, in accordance with the amortisation schedule transmitted during the transaction validation process. At the end of the transaction, the transaction must be fully repaid to DeluPay.
Each debit transaction on the Customer's Account will reduce the Customer's available Payment Limit. Each debit to the Customer's Account must therefore be repaid to DeluPay. On the business day following the due date of the Lender's debt, a SEPA direct debit will be issued by the Lender to the Customer's bank account. The Customer acknowledges and expressly authorizes the Lender to proceed with the said direct debit for the purpose of reimbursing the balance of cash transactions. The Customer expressly acknowledges and accepts that he/she is obliged to repay the amount of his/her transaction, together with any applicable charges and interest, in accordance with the schedule and amounts indicated to him/her on a durable medium.
7.3 Revolving credit
Revolving credit is a credit facility that enables the borrower to draw down the amount of credit granted in instalments, on the dates of his or her choice. The amount of capital available is replenished as repayments are made. It is offered for a renewable term of one (1) year.
Revolving credit is a consumer credit subject to the provisions of articles L. 312-1 et seq. of the French Consumer Code. As such, by making this choice, the Customer will be required to sign a consumer credit offer transmitted by Banque Delubac & Cie on a durable medium, which will stipulate all of their respective obligations (the " Offer ").
It is specified that the Offer is not offered to the Customer at a point of sale or through a means of distance selling of goods or services in order to finance the purchase of specific goods or services. The Service enables the Customer to use the mobile application to pay for all types of purchases from Merchants. The offer is not, therefore, correlated with or allocated to the acquisition of a specific good.
IV. GENERAL PROVISIONS
8. CANCELLATION
By accessing the DeluPay Service, the Customer acknowledges and expressly accepts that the performance of this Agreement shall commence immediately upon acceptance and not after the expiration of the fourteen (14) calendar day withdrawal period as described below.
In accordance with articles L.222-7 et seq. of the French Consumer Code, the customer has the right to withdraw from this agreement without giving any reason.
The right of withdrawal must be exercised within fourteen (14) calendar days from the date of entry into force of this agreement, the date of dispatch of the request being taken as proof.
Under no circumstances will the exercise of the right of withdrawal give rise to registration in a file.
If the Customer decides to withdraw from the agreement after having initiated transactions, he undertakes, prior to the termination of the relationship, to reimburse DeluPay for all sums due. To this end, DeluPay will make a direct debit from the Customer's bank account, the RIB of which will have been communicated to DeluPay. Otherwise, no sums will be owed by the Customer.
9. DEMATERIALIZED PAYMENT SYSTEM
9.1 Operation authentication
Payments by QR Code and NFC (contactless) or on the Internet are considered as dematerialized or remote payments in the sense of the regulations. Payment transactions will be subject to an authentication procedure in accordance with applicable regulations.
The Customer gives his consent to carry out a payment transaction by presenting and holding the smartphone or tablet in front of a device identifying the presence of contactless technology.
All payment transactions of 50 euros or more are subject to enhanced validation by the customer, using one of the following procedures:
- Entering the PIN code on the telephone or tablet (personal five-digit security code registered by the customer when subscribing to the Service);
- The use of a biometric recognition device (e.g. fingerprint or facial recognition sensor on the cell phone).
The authentication of the Customer by means of his personal codes or the use of any personalized security data within the meaning of the regulations in force, constitutes proof that the transactions carried out on behalf of the Customer are in fact attributable to the latter.
The Customer consents to the execution of a payment, when he authenticates himself in the application according to the means described above, scans the Merchant's QR Code, makes a contactless or online payment (or on his smartphone).
9.2 Processing payment transactions
Prior to any payment transaction initiated using the Service, the Customer must ensure that the balance of his Monthly Payment Capacity is sufficient to enable him to honour the settlement of the said transaction. The transaction can only be carried out if the Customer's Payment Capacity is sufficient.
Where applicable, he accepts that DeluPay may charge the amount of the payment transaction he has initiated to his Payment Capacity.
When a payment transaction is validated by the Customer using the DeluPay Service, it is immediately posted to the Customer's Payment Account.
Details of all operations carried out by the Customer using the Service are available on the mobile application.
A SEPA direct debit, the terms and conditions of which are specified in article 6 hereof, will then be initiated on the Customer's bank account declared when the Service was opened (or on any account that may be substituted for it) in order to honour the payment of transactions recorded on the Customer's Payment Account.
To this end, the Customer must ensure that the balance of his aforementioned bank account contains sufficient funds to honour the payment of the direct debit presented.
The existence of a dispute between the Customer and a third party, notably due to the non-conformity of a good or service sold, cannot justify refusal to honor a payment order.
In the event of a payment incident, particularly concerning a direct debit rejected on the Customer's bank account, DeluPay will initiate a new direct debit. In the event of a new rejection, DeluPay reserves the right to initiate any steps or procedures likely to obtain reimbursement of its debt.
9.3 Changing the Customer's bank account details
The customer may change the IBAN details of the bank account to which SEPA direct debits are made in order to reimburse transactions initiated from the DeluPay application.
Changes to the details of the bank account linked to the Customer's Payment Account must not, under any circumstances, alter the terms of payment set out in the contract.
To this end, a new direct debit mandate must be signed by the Customer when entering the IBAN of the new bank account desired by the Customer. DeluPay will take action against any subsequent dispute regarding the direct debit in order to recover the remaining amount due.
Customers are reminded that they may terminate the issue of SEPA direct debits by their creditor. In this case, the creditor must be notified of the revocation of the SEPA direct debit mandate. In addition, a mandate for which no SEPA direct debit order has been presented for a period of 36 months becomes null and void.
9.4 Proof of operations
The instructions given by the Customer are recorded on computer by DeluPay. DeluPay retains all of these elements as proof under the conditions and within the limits provided for by the regulations in force.
It is expressly agreed that the authentication of the Customer by the entry of any personalized security data within the meaning of the regulations in force, will be equivalent to a signature, thus enabling his identification and proving his consent:
- operations carried out and the allocation of these to the Customer
- for online signature of contractual subscription documents (application forms, general terms and conditions, etc.) for products or services offered by DeluPay and its partners.
For DeluPay, these recordings shall constitute proof of said instructions and their attribution to the Customer.
DeluPay and the Customer acknowledge that the instructions, and in particular the payment transactions transmitted and validated in compliance with the conditions described in this Agreement, have the value of original documents. They therefore intend to attribute to them a probative value identical to that of an original document, in the sense of a document written and signed by hand.
In any event, the Customer expressly waives the right to invoke the nullity of his transactions on the grounds that they were carried out via electronic systems.
10. CUSTOMER'S COMMITMENTS
10.1 Authorized payment transactions
When paying face-to-face or remotely, customers must check the identity of the recipient and the amount of the transaction. Similarly, in the case of remote payment, on the Internet for example, the Customer must be vigilant in ensuring that the payment platform used by the seller is secure.
The Customer is solely responsible for the payment transaction he has ordered. Once the transaction has been carried out, authenticated and validated, the Customer's Payment Account is debited. As the transaction is authorized in accordance with regulations, DeluPay cannot be held responsible for any errors made by the Customer in this respect.
Customers can track transactions made using the Service directly from the mobile application.
In the event of a dispute concerning an authorized direct debit, the Customer may dispute and request reimbursement of the direct debit within 8 weeks of the date of debit to the account. At DeluPay's request, the Customer must provide all information relating to the requested refund. DeluPay may then proceed with the refund or refuse it.
10.2 Improperly executed or unauthorized payment transactions
The Customer must, without delay, notify DeluPay of any unauthorized or incorrectly executed transactions that he/she disputes, and at the latest, within thirteen (13) months of the date on which his/her bank account was debited, by contacting DeluPay's support department via the contact details referred to in the "Complaint" article of this Agreement.
Once the legitimacy of the dispute has been established, DeluPay will reimburse the Customer, at the latest, on the working day following receipt of the dispute, except in the event of suspicion of fraud on the part of the Customer.
10.3 Disclosure obligation
Throughout the term of the agreement, the Customer undertakes to provide DeluPay and/or Banque Delubac & Cie with all documentation and evidence required for the proper performance of the Service and associated services.
It is the Customer's responsibility to inform DeluPay of any changes to their personal situation, particularly in the event of a change in their contact details (telephone number, address, e-mail), professional activity, income, marital status or nationality.
These changes must be updated by the Customer on the mobile application.
DeluPay may not be held liable for any consequences resulting for the Customer from non-compliance with its obligations. Appropriate supporting documents will be provided spontaneously by the Customer and, if necessary, on request by DeluPay. If the Customer fails to communicate changes in its situation and the requested supporting documents, DeluPay may restrict or cease the provision of the Service and associated services.
The Customer declares and guarantees that the documents provided, as well as the information and/or certificates communicated at the time of opening the Service and associated services and throughout the performance of the present contract, are, on the date they were provided, accurate, regular and sincere.
DeluPay reminds the Customer that the use of false documents is punishable under Articles 441-1 et seq. of the French Penal Code. The Customer who uses false documents will be sanctioned by the immediate closure of the Service and associated services and may be the subject of a declaration and/or complaint against him/her filed with the competent authorities.
The Customer is prohibited from using the Service to purchase goods or services relating to activities that are illegal, contrary to public order or morality.
If the Customer wishes to obtain further information on the limits of use of the Service, he may contact the Support Department.
10.4 Vigilance and protection of your mobile phone/smartphone and data
The Customer must take all appropriate measures to ensure the security of his smartphone-type mobile device enabling access to and use of the DeluPay application, as well as his personalized security data.
The Customer undertakes to take all necessary measures to guarantee the required level of protection of his cell phone against all risks of viruses or spyware of any kind.
The Customer is solely responsible for the safekeeping of his cell phone and the confidentiality of his personal security data as defined by the regulations, necessary for the use of the Service offered by DeluPay, as well as, where applicable, the consequences of their disclosure or use by third parties.
In the event of loss or theft of the mobile terminal, or if the confidentiality of the password is no longer guaranteed, the customer must immediately notify DeluPay, either using the online form on the DeluPay website, or by contacting customer service.
Upon notification of opposition, the customer is no longer responsible for transactions carried out using the lost or stolen code, unless gross negligence or fraud on his part is proven by any means.
In the absence of opposition or in the event of late opposition with regard to his use of the Service or associated services, the Customer shall bear all the direct or indirect consequences of their use by third parties or unauthorized persons.
Similarly, DeluPay may not be held liable for unauthorized transactions carried out before and after the request to block the Service or the associated services offered, without limitation of amount, in the event of intentional or grossly negligent breach of the obligations referred to in the present article.
11. DELUPAY'S OBLIGATIONS
11.1 Proper execution of operations
DeluPay is responsible to the Customer for the proper functioning of the Service and in particular for the proper execution of payment transactions carried out using the Service.
If a payment transaction has been incorrectly executed by DeluPay or has not been authorized by the Customer, it must be disputed by the latter without delay and at the latest within 13 (thirteen) months of the date of the transaction, on pain of foreclosure.
Within this framework, when the unauthorized payment transaction has been correctly reported, DeluPay will reimburse the Customer for the amount of the unauthorized transaction immediately after becoming aware of the transaction or after being informed of it, and in any event no later than the end of the first following business day, unless it has good reason to suspect fraud or gross negligence on the part of the Customer. DeluPay will then have the opportunity to prove by any means that the transaction has been authenticated, duly recorded and accounted for. In these two situations, DeluPay is not obliged to reimburse the Customer, subject to written communication of this refusal to reimburse and the reasons for it to the Banque de France (article L.133-18 of the French Monetary and Financial Code).
In the event of a refund by DeluPay, if it is established that the transaction was in fact authorized by the Customer, DeluPay reserves the right to reverse the amount of the wrongly made refund to the Customer's Payment Account.
In the event of a poorly executed transaction caused by the Customer, DeluPay will endeavour to trace the transaction and will notify the Customer of the result of its search, at the Customer's request and without DeluPay being held liable as long as it has complied with its obligation of means.
The Customer shall bear all losses resulting from improperly executed transactions if such losses are the result of fraudulent conduct on his part or if he has intentionally or through gross negligence failed to comply with the security obligations defined herein.
11.2 Liability
DeluPay is subject only to an obligation of means in the provision of the Service offered. It provides the Customer with services enabling the reception or transmission of computerized data. DeluPay is only liable for the defective performance of one of its obligations insofar as this is due to gross negligence on its part, proven by the Customer.
Only direct damage suffered by the customer may give rise to compensation. DeluPay cannot be held liable for indirect damage (such as loss of profits, sales, customers, anticipated savings, use, loss of data, etc.).
Furthermore, DeluPay cannot be held liable in the following cases, without this list being exhaustive:
- any event of force majeure as defined by the Civil Code and the case law of the courts
- failure to supply electricity ;
- service interruptions resulting from malfunction or improper use of the equipment used by the customer;
- strikes, wars, riots, fires ;
- failure of the Internet access provider, information carrier or incidents affecting fixed or wireless telecommunications lines and networks (DeluPay does not guarantee in particular the time of receipt of SMS messages, calls or notifications, once these have been taken over by a telecommunications operator or Internet access provider);
- failure of the Certification Authority used ;
- computer server breakdowns ;
- Due to DeluPay's compliance with current legislation or regulations;
- In the event of an act by a third party ;
- Fault or gross negligence on the part of the Customer in the use of the Service;
- technical or human failure on the part of the Customer that may disrupt or suspend the operation of the Service.
The Customer undertakes to indemnify DeluPay against any loss resulting from any act and/or omission on its part in connection with the use of the Service offered, and in particular in the event of any failure on its part to guarantee the safety of its security parameters, and any claim by a third party in connection with the use of the Service.
Furthermore, any dispute that the Customer may have with a Merchant shall not constitute a valid reason for exonerating the Customer from its obligations hereunder.
11.3 Combating money laundering and the financing of terrorism
DeluPay cannot be held liable for the direct or indirect consequences of measures imposed on it by legal or regulatory provisions that it may be required to take as part of the regulatory obligations imposed on it by the public authorities, in particular with regard to the fight against money laundering and the financing of terrorism (articles L.561-1 et seq. of the French Monetary and Financial Code). In this respect, DeluPay cannot be held responsible for any delays or refusals to execute certain transactions.
11.4 Professional secrecy
In accordance with the provisions of article L.511-33 of the French Monetary and Financial Code, DeluPay is bound by professional secrecy.
However, this secrecy may be lifted in the cases provided for by law and in particular at the request of the supervisory authorities, the tax or customs authorities, the criminal court or in the event of a court order served on DeluPay.
The Customer also has the option of relieving DeluPay of this secrecy by indicating in writing the third parties to whom he authorizes DeluPay to communicate information concerning him that he expressly mentions to DeluPay.
By express agreement, the Customer authorizes DeluPay to communicate any useful information concerning the Customer to any natural or legal person contributing to the performance of the services provided for in the Agreement or which may subsequently be attached thereto, in particular to service providers for the performance of subcontracted work, to its partners and/or to companies in the group for their use in the study and management of files, commercial prospecting and/or other statistical studies.
11.5 Service continuity and malfunctions
DeluPay will use its best efforts to ensure the continuity of the Service offered. However, DeluPay shall not be held liable to the Customer for any malfunction, error or interruption of the services until DeluPay has taken all necessary measures at its disposal to remedy such malfunction.
It is expressly agreed that the Customer is responsible for ensuring the compatibility of the hardware and software at his disposal with the standards necessary for the proper operation of the proposed Service and associated services. In this respect, DeluPay makes every effort to optimize compatibility, but acknowledges that it cannot guarantee the operation of the proposed Service with all existing terminals.
In addition, the Customer acknowledges that if the mobile application is used on rooted smartphones or tablets (with a modified operating system and/or one not recognized by the publisher), the Customer takes the risk that the said application may not run in a secure environment. In this case, DeluPay cannot be held responsible for the direct or indirect consequences of such a situation (lack of security, poor execution or non-execution of operations initiated by the Customer).
The Customer must ensure that he/she is equipped with hardware that is compatible with the DeluPay application and the authentication systems provided for herein, and that he/she has installed the updates necessary for the proper functioning of the services available in the application stores.
DeluPay is not involved in any dispute that may arise between the Customer and the supplier of the equipment or in the use of fixed or wireless telecommunications networks and their access providers.
11.6 Service interruption
- The Customer acknowledges and accepts that certain events may cause the Service to be temporarily interrupted:
- At DeluPay's initiative, in particular in the event of application maintenance, notably to enable the correction of errors, the introduction of new functionalities or new services. A message will then be displayed to the Customer when he/she connects, indicating that such an operation is in progress;
- For reasons beyond DeluPay's control, in particular in the event of a power failure or a breakdown in the transmission services provided by the operator or Internet service provider.
Where applicable, DeluPay will be exempt from providing the Service covered by this Agreement until the incident is resolved.
Notwithstanding the foregoing, in the event of interruption of the Service over a prolonged period, DeluPay will make its best efforts to offer the Customer a degraded solution of the Service, such as to allow the use of all or part of its functionalities.
11.7 Suspension of the Service
Access to the Service will be suspended until the Customer's PIN code is reset in the following cases:
- After three unsuccessful attempts to enter the customer's PIN code, access to the service is blocked for five minutes. If the customer wishes to change his password, he will have to verify his identity.
- As soon as the customer's request for a stop payment has been processed in the event of loss or theft of the mobile terminal, or if the confidentiality of the PIN code is no longer guaranteed.
In order to reset his PIN code, the Customer must contact DeluPay's customer service department. After verifying his identity, a link will be sent to the Customer to reset his PIN code.
In addition, DeluPay may rightfully and at any time, subject to informing the Customer by any means at its convenience, suspend in whole or in part access to the functionalities of the services in the following cases:
- exceeding its monthly payment capacity ;
- sampling rejects ;
- risk of breach of confidentiality ;
- in order to limit transactions in terms of amounts and/or volume if they do not comply with what has been agreed between DeluPay and the Customer under the conditions set out in this Agreement;
- in the event that the Customer fails to provide DeluPay with the documents or supporting evidence required to continue the business relationship;
- in the event of suspected fraudulent use or attempted fraudulent use of the Service. In the event of proven fraudulent use, DeluPay reserves the right to terminate this Agreement at any time and without prior notice.
12. INACTIVE ACCOUNT
The payment account associated with DeluPay services is subject to inactive bank account regulations.
13. PROTECTION OF PERSONAL DATA
The personal information communicated in the context of this Agreement is mandatory in the context of the subscription to the Service offered by DeluPay and the associated services. It is intended for DeluPay, which may use it to manage the present contract and, more generally, as part of its commercial relationship with the Customer.
It may, if necessary, be communicated to DeluPay's partners (brokers, insurers, service providers, subcontractors and partners, as well as to legal entities in its group). Any transfer of personal data will take place under conditions that ensure its security and confidentiality.
The information collected may only be processed for well-defined purposes:
- customer knowledge, including assessment of customers' needs when subscribing to the services offered,
- the study and granting of loans by the Bank,
- combating money laundering and the financing of terrorism,
- identification of tax status,
- identification of Politically Exposed Persons (PEPs) or those on national and international sanctions lists,
- managing commercial relations, claims and contract performance,
- unpaid and contentious collections and assignment of receivables,
- canvassing and carrying out sales promotions and targeted advertising campaigns, statistical studies and targeted advertising campaigns, statistical and asset studies.
The above-mentioned processing operations may involve the transfer of personal data to countries outside the European Economic Area, whose legislation on the protection of personal data differs from that of the European Union. In such cases, DeluPay will take all necessary steps to ensure the protection and security of such data.
Telephone conversations with an advisor may be recorded for the purpose of improving the quality of DeluPay's services.
The Customer may, for legitimate reasons, object, free of charge, to the processing of data concerning him/her, which may result in DeluPay being unable to supply the product or service.
Customers may also object, free of charge and without giving any reason, to their data being used for commercial prospecting purposes.
In accordance with current regulations and in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Customer has a right of access, rectification, deletion, limitation of processing, portability and opposition, which may be exercised by sending a letter specifying their contact details (identity, proof of identity) to DeluPay - Délégué à la Protection des Données - 10 rue Roquépine 75008 - PARIS, or by sending an e-mail to dpo@delupay.fr
If the Customer does not wish to be subject to commercial canvassing by telephone, he may register free of charge on the telephone canvassing opposition list, as provided for in article L223-1 of the French Consumer Code, on the website www.bloctel.gouv.fr or by post addressed to Société Opposetel, Service Bloctel - 6, rue Nicolas Siret - 10 000 Troyes. Any person registered on this list may not be canvassed by telephone by DeluPay or one of its partners, except in the case of a pre-existing contractual relationship.
Customers are informed that their request will be processed within 30 days of confirmation of their registration. This registration is valid for 3 years.
14. CHANGES TO THE AGREEMENT AND SERVICE DEVELOPMENTS
14.1 Modification of the agreement
If any of the material provisions of the Agreement are held to be invalid, the remaining provisions shall nevertheless remain binding and the Agreement shall be partially performed.
DeluPay's failure to exercise any right under the Agreement shall not constitute a waiver of such right.
In the event of changes to this Agreement at DeluPay's initiative, the Customer will be informed by any means two months before the changes come into force. In the event of substantial modifications to the Agreement being contested, the Customer must request termination of the Service in writing.
The provisions of the Agreement may also change as a result of legislative or regulatory measures. In this case, such changes will take effect on the date of application of the measures concerned without any particular action on the part of DeluPay.
14.2 Technical developments in the services offered
Given the evolving nature of the standards and computer systems used, on which the services offered by DeluPay are partly based, DeluPay reserves the right to :
- modify the operating conditions of the Service;
- modify the Service interface;
- strengthen access and dialogue security systems ;
- adapt or modify at any time the content of the functionalities offered through the Service.
15. DURATION - TERMINATION OF THE AGREEMENT
This Agreement is entered into for an indefinite period.
The Agreement may be terminated at any time by the Customer via the mobile application or by DeluPay, by post on paper or on any other durable medium:
- with 30 days' notice when closure is initiated by the customer;
- with a notice period of two months from the date of dispatch of the RAR letter initiated by DeluPay
The Agreement will be terminated automatically and without prior notice in the following cases:.
- death of the customer ;
- seriously reprehensible behaviour on the part of the Customer as defined by the regulations in force;
- abnormal operation of the Service ;
- in the event of non-compliance with any of the obligations set out in the Agreement.
Termination of the Service entails closure of the associated Payment Account.
The Customer acknowledges and accepts that he must repay the balance of the transactions recorded in the Payment Account in accordance with the due dates of the payments relating to the services offered by DeluPay.
Termination of the Service, which is the subject of this Agreement, will only have effect for the future and will not call into question the probative value or validity of consultations and operations carried out using the Service.
No transaction may be carried out or executed after the Service has been closed.
16. PRICING CONDITIONS
Pricing for the Service is specified in the Tariff Conditions applicable to the Customer.
The Customer undertakes to pay, and authorises DeluPay to debit his payment account, where applicable, with the subscription fees relating to the Service offered as set out in the Pricing Conditions.
The pricing conditions applicable to the proposed Service covered by the present agreement may be modified in the event of legislative or regulatory measures which would have the effect of modifying a pricing system. The new rates will apply as soon as they come into force.
Furthermore, in the event of a change in pricing conditions at DeluPay's initiative, DeluPay will inform the Customer in advance by any means within 60 days. In the absence of any written objection by the Customer within this period, the Customer will be deemed to have accepted the new tariff. If the new tariff conditions proposed by DeluPay are not acceptable to the Customer, the Customer must inform DeluPay in writing within the aforementioned period and must terminate the Service before the new tariff comes into force.
It is expressly agreed that the rates invoiced to the Customer for the proposed Service do not include all the costs inherent in the techniques and means of communication used, which are payable by the Customer to other service providers, such as the mobile telephone operator or the Internet access provider.
17. CLAIMS - MEDIATION
17.1 Handling of complaints between Merchants and Customers
Any disputes that may arise between Merchants and Customers will be dealt with in accordance with the purchasing policy applicable to transactions carried out using the DeluPay Service.
17.2 Handling of complaints between DeluPay and customers
In the event of a complaint, the Customer may contact DeluPay's Customer Relations department free of charge by calling its switchboard on 03 73 80 80 80 (toll-free number) or by sending a letter to the following address: 10 rue Roquépine, 75008 Paris.
Or to the following e-mail address: support@delupay.com
If the Customer's request :
- concerns a payment service, DeluPay will acknowledge receipt within 10 working days. The deadline for responding to your complaint is 15 working days following receipt of the complaint. If, due to exceptional circumstances, a response cannot be given within this period, the deadline is extended to 35 working days;
- does not concern a payment service, DeluPay acknowledges receipt within 10 working days. The customer will receive a reply within 2 months.
- If the dispute cannot be resolved and if it falls within his competence, the Customer may contact the Mediator appointed by DeluPay free of charge under the following conditions:
- Justify the refusal of your request by DeluPay's Customer Relations department;
- Send your request to the mediator in:
- Fill in the mediation request form on www.lemediateur.fbf.fr
- Or by sending a request by post to the following address: le médiateur auprès de la FBF - CS 151 - 75422 Paris Cedex 09 - France
18. INTELLECTUAL PROPERTY
DeluPay grants the Customer a personal, non-exclusive, non-assignable, non-transferable and terminable right to use the DeluPay mobile applications, API and website for the sole purpose of using the Service. The Customer acknowledges that the sole use of these mobile applications, APIs and DeluPay website does not entitle the Customer to claim any intellectual property rights whatsoever over them.
DeluPay retains exclusive ownership of the rights attached to the mobile applications, API and website, as well as all their content, including names, brands, domain names, logos or other distinctive signs that it holds. Reproduction of these elements is prohibited without the prior written consent of DeluPay.
19. VALIDITY
If any provision of this Agreement is declared null and void or inapplicable under law or regulation, it shall be deemed unwritten.
However, it shall not affect the validity or enforceability of the other provisions of this Agreement, and in any event shall not affect the continuity of contractual relations, unless such clause is of such a nature as to modify the purpose hereof.
20. APPLICABLE LAW - JURISDICTION - LANGUAGES
The law applicable to this Agreement is French law.
Failing amicable settlement, all disputes arising out of or in connection with this Agreement shall fall within the exclusive jurisdiction of the French courts. In the event of translation, only the French version of the Agreement shall be deemed authentic between the parties.