Terms & Conditions Treezor

General Conditions of Use – Electronic Money

 

Treezor, a simplified joint stock company (SAS) with a share capital of 3,200,000 Euros, registered with the Paris Trade and Companies Registry under number 807 465 059, whose registered office is located at 33 Avenue de Wagram in Paris (75017), acting as an electronic money institution within the meaning of Article L.525.1 of the Monetary and Financial Code and approved by the French Prudential Supervisory Authority (Autorité de Contrôle Prudentiel et de Résolution (the “ACPR”)), www.regafi.fr, under number 16798 (hereinafter referred to as “Treezor“), on the one hand, and The User, any person having opened, through the Distributor, a Wallet with Treezor, (hereinafter referred to as the “User”), on the other hand.

  

Preamble

The User wishes to open a Wallet allowing them to store Electronic Money in order to carry out a payment transaction.

The User can obtain a reimbursement at any time of the Electronic Money available on their Wallet by transfer to their bank account. 

For this purpose, the User has addressed Tranzer, which has entered into an electronic money distribution agreement with Treezor and acts in the name and on behalf of Treezor (the “Distributor”).

The use of the Wallet by the User is governed by these General Conditions of Use, including their appendices (the “General Conditions of Use”).



Contractual documents

The General Conditions of Use are composed of the body of these General Conditions of Use and its appendix. The purpose of the General Conditions of Use is to govern the conditions for opening, operating and closing the Wallet.

The General Conditions of Use are drawn up in accordance with the legal and regulatory provisions in force, and in particular those provided for in Articles L. 314-12 et seq. of the Monetary and Financial Code. 

When opening the Wallet, the User accepts these General Conditions of Use.

 

MAIN DEFINITIONS

General Conditions of Use

means these General Conditions of Use, including its appendix.

Consumer

Means the User, who is a natural person not acting for purposes that fall within the scope of a commercial, industrial, craft, liberal or agricultural activity within the meaning of the introductory article of the Consumer Code.


Electronic Equipment


refers to electronic payment terminals and ATMs

Working day

Refers to a calendar day with the exception of Sundays and public holidays in metropolitan France.

Electronic Money

Means, within the meaning of Article L.315-1 of the Monetary and Financial Code, a monetary value which is stored in electronic, including magnetic, form representing a claim on the issuer which is issued against the remittance of funds for the purpose of payment transactions and which is accepted by a natural or legal person other than the electronic money issuer.

GDPR

Refers to Directive (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.

Distributor website

[•]

User


Services

Means any person who, through the Distributor, has opened a Wallet with Treezor.

Refers to the services provided by Treezor to the Distributor hereunder including IT Services and recurring services.

Treezor Customer Complaints Service

Refers to the Treezor Customer Complaints Service, reachable:

– Either by telephone at the following number: +33 (0)1.84.19.29.81 (service open from Monday to Friday (excluding public holidays) from 9 am to 1 pm and from 2 pm to 6 pm).

– Or by letter to the following address: 33 Avenue de Wagram, 75017 Paris,

– Or by email to the following address: reclamations@treezor.com. 

Distributor Customer Complaints Service

Refers to the Distributor Customer Complaints Service, reachable:

 [•]

Wallet

Electronic Money Account held by Treezor on behalf of the User according to the General Conditions of Use.

 

Services provided by Treezor 

TREEZOR acts as issuer of Electronic Money and manager of the Wallet. 

The Services associated with the Wallet are as follows:

  • Execution of transfers or receipt the transfer of funds by card; 
  • Execution of payment transactions by Electronic Money Transfer;
  • Reimbursement of Electronic Money to the User’s bank account according to their instructions.

Prices

For each service, the Distributor provides the User with the applicable price conditions that are an integral part of the Special Conditions.

The User authorises Treezor to debit the Wallet for the amount of Electronic Money applicable under the Price Conditions from the date on which the fees, commissions and charges are due in accordance with the Special Conditions.

Treezor may refuse to authorise a payment transaction if the balance of Electronic Money credited to the Wallet is insufficient to cover the due and payable fees. As the Wallet cannot be overdrawn, Treezor will not make any advance for the benefit of the User. 

Opening the Wallet

For any request to open a Wallet, the User must provide all the information and documents required by the general conditions of use of the platformTranzer. 

Treezor reserves the right not to comply with such a request at its discretion.

In case of acceptance, Treezor will inform the Distributor, who will confirm the agreement to the User.

Within the framework of the opening of the Wallet, the User undertakes prior to this opening:

  • To comply at all times with these Conditions of Use;
  • To comply with the regulations applicable to the transactions they initiate;
  • To update whenever necessary all the information contained in the general conditions of use of the Tranzer platform (change of residence, civil status, bank details or tax residence accompanied by the required documents);
  • To ensure that the Wallet is credited with the amount of Electronic Money necessary to honour the purchases, and the fees due and payable, failing which Treezor may validly refuse to carry out any transaction initiated by the User.

Transfer and Reimbursement of Electronic Money 

General provisions

The User acknowledges that the Wallet opened in their name in Treezor’s books enables the amount of Electronic Money held by them and the payment transactions initiated by them or intended for them to be recorded. 

It is credited with the Electronic Money acquired upon receipt of the funds by Treezor.

In addition, Treezor may reduce the amount of authorised spending to zero, in the event of fraud or non-payment. 

Treezor will in no event be liable for any damage that may result for the User from the refusal to authorise a payment transaction. 

Payment by Electronic Money transfer 

The User connects to the Distributor’s Website and selects the method of payment by Wallet. A payment page opens on the Distributor’s Website. To initiate their payment order, they must enter their password and login. They select their Wallet and validate the transfer of Electronic Money from their Wallet. The order is deemed irrevocable as of said validation. 

Treezor sends a payment confirmation to the Distributor’s server. The User receives a payment confirmation by email with the following information: 

  • amount of the expenditure, 
  • Wallet identifier, 
  • name of the User,
  • name of the beneficiary, 
  • name of the Distributor. 

If the transfer of Electronic Money (fees included) is greater than the amount of Electronic Money available in the Wallet, Treezor may allow the User to carry out an additional recharge of Electronic Money from their Wallet by card before the transfer of Electronic Money by Treezor. Otherwise, the Electronic Money transfer order will be automatically rejected by Treezor.

 

Transmission of an Electronic Money reimbursement order

The User can make reimbursement orders for the available Electronic Money appearing on the Wallet. It is expressly agreed that reimbursements will only be made to the User’s bank account(s) indicated for this purpose and opened in their name.

It is the User’s responsibility to update any account change by logging on to the Distributor’s Website with their login and indicating the IBAN of the new account. Treezor may request a one-time use code to confirm the change. Treezor has seventy-two (72) hours to approve this change of account and confirm to the User its approval or rejection of the new account.

The refund will be made by default to the payment account indicated by the User.

The User’s consent is materialized exclusively by a reimbursement order transmitted on the Distributor’s Website. All reimbursement orders are time-stamped by Treezor and kept for a period of five (5) years.

Each order must contain the following information: 

  • The User’s Wallet number accompanied by the identification number of the payment service provider holding this Wallet (located in France), or bank details,
  • the amount (the currency must be the Euro), 
  • the description,
  • the frequency or, if this option is chosen, the date of execution.

A reimbursement order can only be executed by Treezor subject to Treezor’s receipt of all the above information.

If the reimbursement order is received by Treezor on a non-working day or after ten (10) a.m. on a Working Day, the date of receipt of such order is deemed to be the next Working Day. The transfer operation will be executed at the latest at the end of the first Working Day following the date indicated by the User in their reimbursement order.

The reimbursement is made at the nominal value of the Electronic Money units at no charge except in the event of termination of the Contract within the limit of the applicable legal provisions. 

Notwithstanding the foregoing, Treezor may block a reimbursement order in case of serious suspicion of fraudulent use of the Wallet, unauthorised use of the Wallet, breach of security of the Wallet or in case of a freezing of assets by an administrative authority.

 

Dispute

If a reimbursement or transfer order is incorrectly executed by Treezor, the amount of Electronic Money deducted will be returned in full and the Wallet will be restored to the situation it was in before Treezor received the reimbursement or transfer order, as the case may be. This order is then executed correctly by Treezor without delay.

The User who wishes to dispute an Electronic Money reimbursement or transfer order not authorised by them must contact the Distributor’s Customer Service Department by telephone as soon as possible after becoming aware of the anomaly and no later than thirteen (13) months following the date of execution of the reimbursement. After validation of the legitimacy of the request, Treezor will temporarily restore the amount of Electronic Money to an escrow Wallet. After reviewing the validity of the dispute, Treezor will adjust the amount of Electronic Money in the Wallet accordingly. In the event of loss or theft of the Wallet’s security device, any reimbursements not authorised by the User made before the notification of the block request are borne by the User, within the limit of fifty (50) Euros. However, Treezor cannot be held liable in the event of fault on the part of the User, such as wilful or grossly negligent breach of their obligations, late submission of the block request or bad faith. In case of misappropriation of data or infringement, losses resulting from orders placed prior to the block request by the User are borne by Treezor, except in the event of fault as defined above. Reimbursements made after the User’s block request are fully borne by Treezor, except in the case of fraud.

 

Recharging the Wallet by the USER 

Payment of Electronic Money by transfers

In the event that Treezor receives a transfer to its settlement account initiated by the User from their bank account, it can only credit the corresponding amount of Electronic Money to the Wallet if the indications concerning the name and number of the Wallet contained in the transfer order are compatible with those of the Wallet. When Treezor receives a transfer whose information does not correspond to that of the Wallet, or is incomplete, it must formally reject it without delay and immediately notify the Distributor, who will inform the User or request explanations in writing from the bank issuing the transfer. 

The Electronic Money corresponding to the amount in Euros of the transfer received from the User’s bank is issued and recorded on the Wallet on the date on which the funds are made available to Treezor by the User’s bank. The amount of Electronic Money in the Wallet corresponds to the funds received by Treezor from the User’s bank, from which the bank and issue fees provided for in the applicable price conditions are deducted. In the event of cancellation by the originator’s bank of a transfer wrongly received, the corresponding Electronic Money will be cancelled at the initiative of Treezor.

Payment of Electronic Money by card 

In the event that the User’s Wallet is credited via a card payment to Treezor’s settlement account initiated by the User from their bank account, Treezor can only credit the corresponding amount of Electronic Money to the Wallet if the indications concerning the name and number of the Wallet contained in the card transfer order are compatible with those of the Wallet. When Treezor receives an incomplete order, it must formally reject it without delay and immediately notify the Distributor, who will then inform the User or request explanations in writing from the bank issuing the card. 

The Electronic Money corresponding to the amount in Euros of the card payment from the User’s bank is issued and recorded on the Wallet on the date on which the funds are made available to Treezor. The amount of Electronic Money in the Wallet corresponds to the funds received by Treezor from the User’s bank, from which the bank and issue fees provided for in the applicable price conditions are deducted. In the event of cancellation by the originator’s bank of a transfer of funds by card wrongly received, the corresponding Electronic Money will be cancelled at the initiative of Treezor.

Receipt of Electronic Money from another user 

In the event Treezor receives a transfer order of Electronic Money intended for the User, it can only credit the corresponding amount of Electronic Money to their Wallet if the indications concerning the name and number of the Wallet contained in the order are compatible with those of the Wallet. When Treezor receives an incomplete order, it must formally reject it without delay and immediately notify the User or request explanations in writing from the initiator of the order.

The Electronic Money is transferred to the Wallet as soon as possible after the date on which the order has been accepted by Treezor. 

Liabilities

Treezor cannot be held liable for any loss due to a technical defect in the system, if it is reported to the User by a message on the Electronic Equipment or in any other visible way.

Treezor cannot be held liable in the event that it refuses to authorise a payment order in the absence of sufficient credit on the Wallet. 

In addition, Treezor cannot be held liable for any damage resulting directly or indirectly from a case of force majeure within the meaning of Article 1218 of the Civil Code.

In the event that the User contests a transaction beyond the thirteen (13) month foreclosure period, Treezor cannot be held liable for the contested transaction.

The User is responsible for any use of the Services provided by Treezor that does not comply with these General Conditions of Use.

Protection of user funds

The User is informed that the funds corresponding to the Electronic Money in their Wallet are protected in accordance with Article L.522-17-I of the Monetary and Financial Code and are held in a segregated account opened with BNP PARISBAS under the conditions required by the regulations. 

Complaints 

In the event of difficulties concerning the Services, the User may, at their option, contact the Distributor’s Customer Complaints Service in order to obtain all the desired information, or make any complaint communicated in writing to Treezor’s Customer Complaints Service.

Distributor’s Customer Complaints Service:

Within this framework, the Distributor undertakes: 

to acknowledge receipt of any complaint made by the User within ten (10) working days of receipt;

to reply to the User within fifteen (15) working days of receipt of their complaint; However, if additional time is needed to respond, the Distributor will send a holding reply stating the reasons for the delay. It will keep the User informed of the progress of the processing of his complaint. In any event, the User will receive a final response no later than thirty-five (35) working days following receipt of their complaint;

if the Distributor reasonably believes that it cannot process the complaint without the assistance of Treezor, it undertakes to forward the complaint to Treezor within one working day of receipt.

 

Treezor Customer Complaints Service:

Either by letter to the following address: 33 Avenue de Wagram 75017 Paris,

Or by email to the following address: reclamations@treezor.com.

In addition, Treezor’s Customer Complaints Service can be reached by telephone at the following number: +33 (0)1.84.19.29.81 (service open from Monday to Friday (excluding public holidays) from 9 am to 1 pm and from 2 pm to 6 pm).

Within this framework, Treezor undertakes: 

to acknowledge receipt of any complaint made by the User within ten (10) working days of receipt;

to reply to the User within fifteen (15) working days of receipt of their complaint; However, if additional time is needed to respond, Treezor will send a holding reply stating the reasons for the delay. It will keep the User informed of the progress of the processing of his complaint. In any event, the User will receive a final response no later than thirty-five (35) working days following receipt of his complaint by Treezor.

 

Transaction report

A transaction report is available on the User’s personal page on the Distributor’s website.

A statement of transactions associated with the Wallet is available on the Distributor’s Website through the User’s personal page. It is placed online monthly. The User may obtain the aforementioned information on paper free of charge on a monthly basis, upon written request to the Distributor. It is up to the User to communicate their address to Treezor in writing, as well as any subsequent changes. In the absence of this information, Treezor may not be held liable for any harmful consequences for the User.

It is recommended that the User keep the statements in case of dispute and systematically check the contents of the statements. For any claim, they are invited to comply with Article 11 of these General Conditions of Use.

A summary statement of fees will be sent annually to the User upon request.

 

Term and termination Period

These General Conditions of Use apply for an indefinite period, as long as the Wallet is open in Treezor’s books.

Termination

Any termination at the User’s initiative must be notified in writing to the Distributor at the following address: Stationsplein 61, 3818LE Amersfoort, who will immediately inform Treezor.

The User may terminate the General Conditions of Use at any time subject to:

  • 30 (thirty) days’ notice;
  • Payment of all dues, commissions, fees and debits due;

The notice period begins when the Distributor issues the acknowledgement of receipt.

Treezor may terminate the General Conditions of Use with two (2) months’ notice.

In this case, the notice period starts from the date of issue of the acknowledgement of receipt by the User.

Termination of the partnership between Treezor and the Distributor relating to the distribution of electronic money between Treezor and the Distributor entails the termination of these General Conditions of Use, of which the User shall be informed with two (2) months’ notice. In this case, the notice period starts from the date of issue of the acknowledgement of receipt by the User.

In the event of serious breach by the User, the General Conditions of Use may be terminated with immediate effect by simple written notification. 

Serious breaches are understood to mean: 

  • communication of false information, 
  • carries out the activity of money laundering or terrorist financing, 
  • threats against Treezor and/or Distributor employees, 
  • fraud.

The Wallet will only be closed after payment in Electronic Money of all debits, fees, closing costs, dues and commissions due. 

The User will be able to use their Wallet until the effective date of the termination of the General Conditions of Use. They must send Treezor the details of the Wallet (opened in the books of a credit institution established in a member state of the European Union), of which they are the holder, on which they wish to receive the reimbursement of the available Electronic Money available on their Wallet on the date of termination (from which the fees due on this date will be deducted). 

In the absence of notification of the User’s contact details, Treezor can in no way be held responsible for the harmful consequences for the User of the non-receipt of reimbursement of the available Electronic Money on their Wallet.

Death of the User 

The General Conditions of Use are terminated upon presentation to Treezor and/or the Distributor of an official document certifying the death of the User.

Transactions taking place after the death of the User are considered as unauthorised, except with the agreement of the User’s assigns. 

Inactive accounts

Treezor complies with the regulations applicable to inactive accounts resulting from Law No. 2014-617 of June 13, 2014 relating to inactive bank accounts and unclaimed life insurance contracts.

 A Wallet is deemed inactive in the following cases:

 (i) There have been no transactions on the Wallet for a period of twelve (12) months (excluding the debit by Treezor or the Distributor of fees and commissions of any kind) by the User, in any form whatsoever, with Treezor. 

(ii) At the end of a period of twelve (12) months following the death of the User.

When Treezor notes that the Wallet is inactive, it informs the Distributor and, if appliable, the User or their assigns of the consequences of such inactivity. This information will be renewed, as the case may be, for two (2) or nine (9) years and one last time six (6) months before the Wallet closing date, under the conditions provided for by the regulations.

Modification

Any proposed modification of the General Conditions of Use is communicated on paper or on another durable medium to the User no later than two (2) months before the date of application proposed for its entry into force. In the absence of a written objection by registered letter with acknowledgement of receipt sent to Treezor by the User before the expiry of this two (2) month period, the User is deemed to have accepted these changes. In the event that the proposed modification is refused, the User may terminate the General Conditions of Use upon written request, free of charge, prior to the proposed effective date of the modification. This request does not affect all debits (fees, contributions, payment) for which the User remains liable.

Personal data and professional secrecy

The User or any other person authorised by the User (the “Data Subjects”) is solely responsible for the Personal Data they communicate to Treezor and the Distributor and declares that all data provided is fully completed and accurate.

Personal Data is collected by the Distributor for the sole purpose of distributing Electronic Money. The Distributor acts as a subcontractor within the meaning of Article 4 of Regulation 2016/679 of April 27, 2016 (the “GDPR“). 

 

Processing of Personal Data

        The processing purposes

Treezor, as joint Data Controller, processes the Personal Data of Data Subjects in the context of the management of the Wallet(s). 

The purpose of the processing carried out by Treezor is: 

knowledge of the User and the updating of their Personal Data,  

keeping and managing the Wallet(s),

risk management, control and monitoring linked to the internal control to which Treezor is subject, 

security and prevention of non-payment and fraud, collection, litigation, 

compliance by Treezor with its legal and regulatory obligations and in particular the identification of inactive Wallets, the fight against money laundering and terrorist financing, the automatic exchange of information relating to accounts in tax matters, 

monitoring the exercise of Data Subjects’ rights. 

 

        Legal basis for processing

Treezor justifies the lawfulness of the data processing under Article 6(c) of the GDPR. By virtue of its status as an Electronic Money Institution, Treezor must carry out the processing operations set out below in order to meet its legal obligations.  

 

 The Personal Data processed 

Personal Data provided by Users is only processed to allow:

– the execution of the contract concluded between the Users and the Distributor for the Tranzer service;

– the execution of the contract concluded between the Users and Treezor for the Services;

– and to enable compliance with the legal or judicial obligations of data controllers.

Treezor and the Distributor also communicate Personal Data to the administrative or judicial authority which so requests. 

Each Party implements the appropriate technical and organisational measures to guarantee a level of security and confidentiality adapted to the risk. Each Party undertakes in particular to take the necessary precautions to prevent data from being altered, destroyed or communicated to unauthorised persons.

The Personal Data collected by the Distributor in the name and on behalf of Treezor within the framework of the provision of payment services is the following:

Data identifying the natural person (surname, first name, date of birth, identity card and passport number, postal and email address, telephone number, tax number and residence, legal situation)

Data related to the professional situation of the Data Subject (employment contract, pay slip, etc.)

Data relating to the financial situation

Data related to the operations and transactions that the Data Subject carries out using the Service (payments, transfers)

Bank data (IBAN, balance)

Identification and authentication data related to the use

Identification data or digital authentication linked to the use (connection and usage logs, IP address, etc.)

 

Mandatory nature of the collection of Personal Data

The processing by Treezor and the Distributor of the Personal Data provided for in Article 15.1 is mandatory. Refusal by Data Subjects to communicate all or part of their Personal Data may result in Treezor’s rejection of the request to open a Wallet.  

 

Communication of Personal Data to third parties

The User authorises Treezor and the Distributor, by accepting these GCUs, to communicate, under the conditions described below relating to professional secrecy, the Personal Data concerning them, in the context of the management of the Wallet(s), to:

– third parties for the purpose of complying with a legal or regulatory obligation or responding to a request from the supervisory authority, in particular the French Prudential Supervisory Authority (ACPR), the French Data Protection Agency (CNIL), judicial bodies, the tax administration tax, TRACFIN, etc.

– external companies for the execution of services that it subcontracts: payment service agents, card managers and manufacturers, mobile payment managers, members of the SEPA banking network (managers of credit transfers and direct debits), trusted third parties, cheque managers. 

Hosting of Personal Data

The processing and hosting of Personal Data is carried out in the European Union. 

Personal Data retention period

Personal Data is retained, in order to comply with legal and regulatory obligations and for security purposes, for a period of five (5) years from the date of closure of the Wallet for information collected for anti-money laundering and anti-terrorist financing purposes.

The exercise of rights relating to Personal Data

Data Subjects’ rights

Subject to the restrictions set out in the legislation on banking and the protection of Personal Data, Data Subjects have a right of access, rectification, restriction, opposition, deletion and portability of the Personal Data concerning them. 

To exercise any of these rights, Data Subjects can send their request:

  • either to the Distributor to the following address: 
  • or by letter to Treezor to the following address:

TREEZOR SAS

33 Avenue de Wagram

75017 Paris

or by email to the following address: dpo@treezor.com.

A maximum period of one (1) month may be necessary between receipt of the request and Treezor’s response.  

Contact details of the DPO (Data Protection Officer)

Treezor and the Distributor have appointed a Personal Data Protection Officer (DPO) in accordance with Article 37 of European Regulation 2016/679 of April 27, 2016. Data Subjects can contact Treezor’s DPO for any request relating to their Personal Data at the following address:

privacy@Tranzer.com dpo@treezor.com

Stationsplein 61 33 Avenue de Wagram

3818LE Amersfoort NL 75017 Paris

 

Professional secrecy

In accordance with the provisions of Article L.526-35 of the Monetary and Financial Code, Treezor is bound by professional secrecy. However, this secrecy may be waived, in accordance with the legislation in force, by virtue of a regulatory and prudential legal obligation, in particular at the request of the supervisory authorities, the tax or customs administration, as well as the criminal judge established by Article L.562-4 of the Monetary and Financial Code or in the event of judicial requisition notified to Treezor. Notwithstanding the foregoing, the User has the right to release Treezor from professional secrecy by indicating in writing the third parties authorised to receive confidential information concerning him. Professional secrecy is also waived in accordance with the regulations in favour of companies providing important operational tasks to Treezor within the framework of these GCUs.

 

Duty of vigilance

Pursuant to the provisions of Articles L.561-2 et seq. of the Monetary and Financial Code relating to the participation of financial institutions in the fight against money laundering and terrorist financing, Treezor is required for any transaction or business relationship initiated under the conditions of Articles L.561-2 et seq. of the Monetary and Financial Code, in particular, to obtain information on the origin, purpose and destination of payment transactions. It must, moreover, carry out all the necessary steps to identify the User. The User undertakes to take all reasonable care to enable Treezor to carry out a thorough examination of the transaction, to inform it of any exceptional transaction compared with the transactions usually recorded on their Wallet and to provide it with any document or information required.

They recognise that Treezor may be required to set up monitoring systems aimed at combating money laundering and the financing of terrorist activities.

The User acknowledges that Treezor may terminate or postpone at any time the opening of the Wallet or the execution of a payment transaction, in the absence of sufficient information about its purpose or nature. They are informed that a transaction carried out hereunder may be subject to the exercise of the right of disclosure of the national financial intelligence unit.

No prosecution based on Articles 226-13 and 226-14 of the Penal Code and no civil liability action may be brought or any professional sanction pronounced against a financial institution, its managers or employees or against any other person referred to in Article L.562-1 et seq. of the Monetary and Financial Code who have made in good faith the declarations mentioned in Articles L.561-15 of the same Code.

 

Right of withdrawal following a solicitation (ONLY WHEN THE USER IS A CONSUMER)

The User solicited within the meaning of the Monetary and Financial Code has a withdrawal period of fourteen (14) calendar days to exercise their right of withdrawal, without having to justify their choice. They will not bear penalties simply by exercising their right of withdrawal. The period runs either from the day on which the General Conditions of Use are accepted by the User, or from the day on which the person solicited receives the contractual conditions and information, if that date is later than the date on which the contract is concluded. The User who wishes to exercise their right of withdrawal must send their written request (“Withdrawal Form” appearing in Appendix 1) by registered letter with acknowledgement of receipt to the Distributor’s address at: [•]

Unless expressly agreed by the User, these General Conditions of Use can only begin to be executed after the expiry of the withdrawal period. Any request to use the Wallet, in any form whatsoever, shall be deemed to be an express agreement, but may not be executed during the first 7 (seven) days. Despite the early execution of the General Conditions of Use before the end of the withdrawal period, the User may always terminate these General Conditions of Use under the conditions provided for in Article 13.

The provisions of this article apply only when the User is a Consumer.

 

Mediator (ONLY WHEN THE USER IS A CONSUMER)

Treezor appoints a mediator to recommend solutions to the disputes of the User not acting for professional purposes, relating to the services provided and the execution of this Contract: Afepame Mediator, Association Afepame, 36 rue Taitbout 75009 Paris.

The mediator must decide within a period of two (2) months from the date of referral. The findings and statements collected by the mediator may not be produced or invoked at a later date in the procedure without the joint agreement of Treezor and the User. This mediation procedure is free of charge.

The provisions of this article apply only when the User is a Consumer.

 

Communication

The language used during pre-contractual and contractual relations is French. The User expressly accepts the use of the French language during the contractual relationship. 

 At any time during the contractual relationship, the User is entitled to receive these General Conditions of Use, on request, on paper or another durable medium. The request must be made to the Distributor or Treezor. They are also available on the Distributor’s Website. 

 The User authorises the Distributor to send them an email in their customer space on the Distributor’s Website with information relating to the execution of the General Conditions of Use and the products and/or services subscribed.

Any notice for the purposes of these General Conditions of Use must be made (and will be deemed to have been received on the date of receipt) by registered mail with acknowledgement of receipt or by hand delivery to the following address:

Treezor SAS

Legal Department

33 Avenue de Wagram 

75017 Paris 

and by email: legal@treezor.com

or through the Distributor’s Customer Service whose contact details are indicated on its Website.

 

Agreement on proof

When the User denies having given their consent to carry out a payment transaction, it is up to Treezor to provide proof that the transaction has been authenticated, duly recorded and accounted for in accordance with the state of the art and that it has not been affected by a technical defect. This proof may be provided by any means, in particular by recordings of Electronic Equipment.

 

Miscellaneous

If any of the non-substantial provisions of the General Conditions of Use were to be considered invalid, the other provisions will retain their binding force and the General Conditions of Use will be the subject of a partial execution. Treezor’s failure to exercise any right under the General Conditions of Use does not constitute a waiver of such right. Any legal or regulatory modification having an effect on the execution of the General Conditions of Use is imposed without it being necessary to draw up an amendment to them from the date of effect of this regulation.

 

Applicable law and jurisdiction

These General Conditions of Use are governed by French law.

In the event of a dispute between the User and Treezor, an amicable solution will be sought. Treezor’s Sales Department is at the disposal of the User in order to find an amicable solution. In the absence of agreement, the User is informed that they may refer the matter to the ACPR Mediator regarding the validity, interpretation, execution, non-execution or fulfilment of any of the provisions of the General Conditions of Use.

In the absence of an amicable agreement, the dispute between the User and Treezor will fall within the exclusive jurisdiction of the French courts.