General Terms and Conditions of Use of the 2022 Card
General terms of use of the card concluded between : TREEZOR, a simplified joint stock company, registered in the Trade and Companies Register under the number 807 465 059 R.C.S. Paris, whose registered office is located at 33 avenue de Wagram, 75017 Paris, acting as an electronic money institution within the meaning of article L.525.1 of the French Monetary and Financial Code and approved by the Autorité de Contrôle Prudentiel et de Résolution, Banque de France, 4 Place de Budapest CS 92459 75017 Paris cedex 09, www.regafi.fr, under the number 16798, (hereinafter referred to as "Treezor") on the one hand, and ;
The HOLDER, a natural person of legal age and capacity, acting on his own behalf for non-professional purposes, having concluded a Framework Agreement for payment services with Treezor and holder of the Card. (hereinafter referred to as the "Holder"), on the other hand;
Together referred to as the "Parties".
The provisions of the Master Agreement for Payment Services are applicable to the General Terms and Conditions of Use of the Card (GTC). In addition, capitalized terms shall have the meaning given to them in the Master Agreement.
Purpose of the GTC
The purpose of these GTC is to define the terms and conditions for the Cardholder's subscription and use of the Card. The Card is a "B2C" MasterCard debit card.
General terms of use of the card concluded between :
TREEZOR, a simplified joint stock company, registered in the Trade and Companies Register under the number 807 465 059 R.C.S. Paris, whose registered office is located at 33 avenue de Wagram, 75017 Paris, acting as an electronic money institution within the meaning of article L.525.1 of the French Monetary and Financial Code and approved by the Autorité de Contrôle Prudentiel et de Résolution, Banque de France, 4 Place de Budapest CS 92459 75017 Paris cedex 09, www.regafi.fr, under the number 16798, (hereinafter referred to as "Treezor") on the one hand, and ;
The HOLDER, a natural person of legal age and capacity, acting on his own behalf for non-professional purposes, having concluded a Framework Agreement for payment services with Treezor and holder of the Card. (hereinafter referred to as the "Holder"), on the other hand;
Together referred to as the "Parties".
The provisions of the Master Agreement for Payment Services are applicable to the General Terms and Conditions of Use of the Card (GTC). In addition, capitalized terms shall have the meaning given to them in the Master Agreement.
Purpose of the GTC
The purpose of these GTC is to define the terms and conditions for the Cardholder's subscription and use of the Card. The Card is a "B2C" debit MasterCard.
2. Definitions
In these GTCs, unless the context otherwise requires, capitalised terms have the meanings set out below:
| Acceptor | means the acceptor of a Card Payment Order that has a Point of Acceptance |
| ATM | refers to automatic teller machines |
| GCU | means the General Terms and Conditions of Use of the Card |
| Transmitter | means Treezor acting as the issuer of the Card |
| Electronic Equipment |
designates any payment device that includes a system permitting the control of the confidential code, for example an electronic payment terminal and that is approved by the GIE CB |
| Card payment order | means the instruction initiated by the Cardholder with the MasterCard to transfer funds to a designated Acceptor |
| Point of acceptance | means the payment page or payment terminal that allows the Cardholder to transmit a Card Payment Order to an Acceptor |
| Network | means the MasterCard network |
In the absence of a definition, capitalized terms shall have the meaning given to them in the Master Payment Services Agreement.
3. Payment Account and Card Accounts
The Holder has previously entered into a Framework Agreement for Payment Services and holds a Payment Account in the Issuer's books. It is specified that the Holder may only have one Card.
The Account Holder shall fund the Payment Account and the Card Account(s) at the latest before the authorization by Treezor of the Card Payment Order. The Account Holder shall fund the Payment Account and the Card Account(s) in accordance with the provisions of the Master Agreement and the present document.
4. Pricing
Treezor provides the Cardholder with the Card in the Tariff Conditions within the limits of the applicable regulations. The fees are deducted from the Holder's Payment Account in accordance with the Framework Agreement.
5. Delivery of the Card and activation
The Card is delivered by Treezor and remains the property of Treezor, at the request of the Cardholder, at the address indicated by him/her. The Cardholder must connect to the Website in order to activate his Card according to the indications he is given and must sign the present GTC. The activation of the Card is conditional upon the Cardholder signing these GTC. In addition, the Cardholder must have personalized security details in accordance with Article 8 hereof in order to use the Card. The Card will be fully activated upon the first ATM withdrawal using the personalized security data.
6. Terms of Use
The Card is intended for non-business use and allows for payment transactions that are not for business purposes. The Cardholder undertakes to use the Card or its number exclusively within the framework of the payment card network whose brand is affixed to the Card and to comply with the rules relating to each of the brands affixed to the Card.
The Card is strictly personal, and the Cardholder must sign it immediately upon receipt if there is a space provided for this purpose on the Card. The Cardholder is strictly prohibited from lending the Card or disposing of it. If a signature panel appears on the Card, the absence of a signature on the Card justifies its refusal to be accepted.
The Cardholder shall not affix any labels or stickers or make any markings on the Card other than the signature referred to above. The Cardholder shall not make any functional or physical alteration to the Card that could hinder its operation or that of electronic payment terminals and automatic teller machines (the Electronic Equipment), or automatic teller machines (the ATMs).
7. Purpose of the Card
The Card allows the Cardholder :
- Make cash withdrawals at ATMs of establishments duly authorized to provide payment services displaying one of the Payment Card Network marks affixed to the Card,
- Pay for goods or services at merchants and service providers equipped with a Point of Acceptance displaying one of the Payment Card Network's marks affixed to the Card (the Acceptors),
- To pay remotely, by using the chip, for goods or services purchased from the Acceptors.
8. Personalized security data
Personalized security data are defined by Treezor and allow the Cardholder to use the Card.
They are composed of a personal code that is communicated to the Cardholder by a separate mail sent to his home by Treezor, personally and only to him. The Cardholder can be invited to choose his code, when activating the Card. In any case, the Cardholder must take all measures to ensure the security of his Card, of the confidential code and more generally of any other element constituting the personalized security data of the Card. The Cardholder must therefore keep the PIN absolutely secret and not disclose it to anyone. As an exception, the Cardholder may communicate it to third party payment service providers authorised in a Member State of the European Union or in a State party to the European Economic Area, for account information and payment transaction initiation services, within the meaning of Article 4 of the European Directive 2015/2366. The Cardholder must ensure that this payment service provider is indeed approved for these services and that it enters its personalized security data in a secure environment.
In particular, the Cardholder must not write it on the Card or on any other document. The Cardholder must be careful to compose it away from prying eyes. The Cardholder must use the Personalized Security Information whenever instructed to do so by the Point of Acceptance or he/she will be held liable. This code is essential when using Electronic Equipment and any remote payment terminal (such as a secure reader connected to a computer, TV set-top box, cell phone with Card insertion, etc.) designed so that no transaction can be carried out without using this confidential code. The number of successive attempts to enter the PIN is limited to 3 (three) on the Electronic Equipment. On the third unsuccessful attempt, the Cardholder causes the Card to be invalidated and/or, where applicable, captured. When the Cardholder carries out a Card Payment Transaction at a Remote Point of Acceptance and enters the PIN, the Cardholder must ensure that this terminal is approved by the Network by checking for the presence of the MasterCard brand and use it exclusively for the purposes set out in article 1 of the GTC of the Card. The Cardholder must take all appropriate measures to ensure the security of the personalized security data which, in addition to the PIN, may be a remote payment terminal in his or her custody.
9. Other Personalized Security Data
In order to ensure the security of the Card Payment Orders given remotely (Internet for example) by the Cardholder, the latter may be asked to communicate, in addition to the usual data linked to the remote use of the Card (number, validity date and visual cryptogram appearing on the back of the Card), any other data (for example a password or a code which is then different from the one mentioned in article 8 allowing a strong Authentication of the Payment Order, which may, if necessary, be communicated by Treezor. The personalized security data related to the remote use accepted by Treezor are available on the Site. The Customer acknowledges having been informed by Treezor that, for any secure Card payment Order given remotely from abroad, the sending by Treezor of the security data mentioned above may lead to the payment by the Customer of additional fees to any carrier of the said data, in particular to his cell phone operator. These fees, the amount of which will be brought to the attention of the Customer before the initiation of the payment transaction by Card, will remain at the expense of the Customer who already accepts them.
10. Form of consent and irrevocability
The Cardholder and Treezor agree that the Cardholder gives his consent to carry out a Card Payment Transaction before or after the determination of its amount:
- by typing his confidential code on the keyboard of an Electronic Equipment, by verifying the presence of one of the Payment Card Network marks affixed to the Card,
- by inserting the Card into an Electronic Equipment without a keyboard for entering the PIN, verifying the presence of one of the payment card network marks on the Card
- by communicating and/or confirming the personalized security data related to the remote use of the Card
- by the confirmation of the data of the payment order communicated via an approved interbank digital wallet. The Cardholder and Treezor agree that the Cardholder may use the Card for a series of Card payment transactions, hereinafter referred to as "recurring and/or instalment payments", with the Acceptors for purchases of goods and/or services. The Cardholder gives his consent to the series of Card Payment Transactions by communicating and/or confirming the data related to the remote use of the Card at the time of the first transaction, if necessary via an approved interbank digital wallet. The Cardholder may withdraw his consent to the execution of a Transaction or series of Transactions at the latest by the end of the Business Day preceding the day agreed for its execution. The Card Payment Transaction is authorized if the Cardholder has given his consent in one of the forms defined above. From that moment, the Payment Order is irrevocable. However, the Cardholder may object to the payment in the event of the Receiver's receivership or liquidation.
11. Terms and conditions for using the Card for cash withdrawals at ATMs displaying one of the marks on the Card
Cash withdrawals at ATMs are possible within the limits of the availability of the ATM. The amounts recorded for these withdrawals, as well as any commissions, are immediately debited from the Cardholder's Card Account without any obligation to indicate the number or name of the Cardholder used, and result in the debiting of the Payment Account. The Cardholder must, prior to each withdrawal and under his or her responsibility, ensure that there is a sufficient and available balance on the Payment Account to which the Card is associated. The Cardholder undertakes to maintain this balance until the corresponding debit is made. The exchange terms and conditions for using the Card for a cash withdrawal in a foreign currency are governed by Article 13 hereof.
12. Terms and conditions for using the Card to pay for goods and services
The Card is a payment instrument that may only be used to pay for goods actually purchased and services actually rendered. Payments by Card are made in accordance with the conditions and procedures in force at the Acceptors. In principle, they include checking the PIN and, under certain conditions defined by the Payment Card Networks, a request for authorization. When the Acceptor is in a country of the European Economic Area (the Member States of the European Union, Iceland, Norway and Liechtenstein), it may install a priority selection mechanism on the Electronic Equipment. If the Cardholder does not agree with this choice, the Cardholder may request the Acceptor to use another brand or payment application that is displayed as "accepted" by the Acceptor.
For Card payment Orders given remotely, the Cardholder may be required to comply with a procedure for securing said payment Orders as referred to in Article 9 above.
Payments presented for collection by the Acceptor imply a debit to the Card Account, which debits the Payment Account on which the Card operates, in accordance with the terms and conditions set out in the special conditions of these GTCs and the Master Agreement. The Card Account on which the Card operates is immediately debited with the amount of the Payment Transactions made with the said Card, including in case of death or legal incapacity of the Cardholder, incidents of functioning of the said Account (execution procedure), closure of the Payment Account or withdrawal of the Card by Treezor. The disputes concerning these Operations are treated under the conditions provided for in Article 19.
The Cardholder must make sure that on the day of the debit of the payments, the Card Account on which the Card operates, or the Payment Account to which it is associated, has a sufficient and available balance that will be transferred to the Acceptor. The detailed amount of the sums debited to the above-mentioned Card Account appears, except in exceptional cases, on a statement of the Transactions sent after each Transaction through the Partner and leads to the debiting of the associated Payment Account.
Treezor remains a stranger to any commercial dispute, i.e. other than related to the Payment Order, which may arise between the Account Holder and an Acceptor. The existence of such a dispute can in no way justify the refusal of the Cardholder to honor the payments by Card.
A Card Payment Transaction can only be reimbursed by an Acceptor if a transaction has previously been debited for a greater or equal amount. This refund must be made with the same Card used for the original transaction.
A Payment Transaction may be made by the Cardholder to obtain "quasi-cash" (casino chips, purchase of currency, etc.) in places authorized to do so.
In some cases, the merchant may request that the Cardholder have a balance available that is greater than the value of the Payment Transaction he/she wishes to make. Only the actual and final value of the Payment Transaction will actually be charged to the Card Account and, if applicable, the Payment Account. Acceptors take guarantees and must block funds that will not necessarily be debited from the Card. Examples include:
- hotels, car rental companies, and
- Internet sites - some Acceptor sites request authorization on the Card to ensure that funds are available. This authorization has a temporary impact on the available balance on the Card Account and, if applicable, on the Payment Account. Many merchants only charge the Card when merchandise is shipped, and the Cardmember must ensure that sufficient funds are available to cover these purchases at all times. The Card should not be used in situations where it is not possible to obtain an online authorization request to determine the available balance on the Card. The Card may be used by the Cardmember at self-service fuel pumps in France, provided the available balance on the Card Account and, if applicable, the Payment Account is greater than the amount of collateral needed to authorize the purchase. The Card may be used to pay at the cash register.
Foreign exchange terms and conditions for the use of the Card to pay for goods and services in foreign currencies are governed by Section 13 hereof.
13. Foreign currency transactions and exchange
The Cardholder may make withdrawals or payment transactions with the Card in foreign currency. The Card is recognized by the Network as a domestic card in the local currency, provided that sufficient funds are available on the corresponding Card Account denominated in said currency. In the event of insufficient funds on the Card Account, if the amount of the Card Payment Transaction is available on the Payment Account, the Transaction will be processed as an international Card Payment Transaction, under the conditions described below. When the Cardholder uses his Card to withdraw cash or pay for goods or services in a currency not offered by the Institution or when the corresponding Card Account does not have sufficient funds at the time the Payment Order is sent, the Payment Transaction is executed according to the conditions below using the funds available in euros on the Payment Account. The exchange rate that may be applicable is the one in effect on the date the Payment Transaction is processed by the Payment Card Network concerned. The currency conversion is carried out by the Payment Card Network center concerned on the day the Payment Transaction is processed at that center and under the exchange conditions of that Payment Card Network. The Card Payment Transaction Statement includes the following information: amount of the Payment Transaction in original currency, amount of the Payment Transaction converted into euro, amount of commissions, exchange rate applied. The Payment Account statement shows the balance of the Payment Account.
14. Receipt and execution of the payment order
By agreement, the Partner informs the Holder that the Card Payment Order is received by Treezor at the moment it is communicated to him by the Acceptor's bank or by the ATM manager through the clearing or settlement system of the said payment order. When the Card Payment Order is executed within the European Economic Area, Treezor has, from the moment of receipt, a period of one (1) Business Day to credit the account of the Acceptor's bank. As far as withdrawals are concerned, the Partner informs the Holder that the withdrawal order is executed immediately by making the cash available.
15. Responsibility of Treezor
When the Cardholder denies having given their consent to carry out a Card Payment Transaction, it is up to Treezor to bring the proof that the Transaction has been authenticated, duly recorded and accounted for in accordance with the state of the art (in the state of the existing scientific and technical knowledge), and that it has not been affected by a technical deficiency This proof of the use of the Card and the personalized security data can be brought by any means, in particular by the recordings of the Points of acceptance or their reproduction on a computer support. Treezor can use these recordings as a justification for their charge to the Card Account on which the Card operates. Treezor is responsible for direct losses incurred by the Cardholder due to a technical deficiency of the Network over which Treezor has direct control. However, Treezor is not responsible for a loss due to a technical deficiency of the Network if it is signaled to the Cardholder by a message on the Point of Acceptance or in another visible way.
16. Responsibility of the Parties
The Cardholder must take all measures to preserve his or her Card and the personalized security data attached to it, in particular his or her confidential code. The Cardholder must use the Card in accordance with the purposes specified in Article 1. The Cardholder shall bear the consequences of the use of the Card until a request to stop the use of the Card has been made in accordance with the conditions set out in the Framework Agreement.
The unauthorized Card Payment Transactions due to the counterfeiting of the Card or the unauthorized use of the data related to its use are at the expense of Treezor, except in the cases provided for in Article 20 "Guarantee" or in case of fraud by the Cardholder.
17. Duration and cancellation
The GCU are concluded for an indefinite period. They can be terminated at any time by registered mail with acknowledgement of receipt by the Customer or by Treezor. The cancellation by the Customer takes effect thirty (30) days after the date of sending of its notification to Treezor. The termination by Treezor takes effect two months after the date of sending its notification to the Holder. In case of closure of the Holder's Payment Account, the GCU will be automatically terminated without notice. The Cardholder agrees to return the Card on the effective date of termination. The Cardholder undertakes to comply with all contractual obligations under the GTC until the aforementioned date. As from the effective date of the cancellation, the Cardholder is no longer entitled to use the Card and Treezor can take all necessary measures to do so.
18. Period of validity of the Card - renewal - withdrawal and return of the Card
The Card has a validity period whose expiration date is written on the Card itself. The limited duration of the Card's validity is due to technical and security requirements, and has no effect on the indefinite duration of the GTC. On the expiry date, the Card is automatically renewed unless the GTCs are terminated in accordance with the conditions set out herein. In addition to the cases of blocking resulting from the management of the Payment Account and the Card Accounts on which the Card operates, Treezor can block the Card for reasons of security or presumption of unauthorized or fraudulent Transactions, or in case of a significantly increased or proven risk that the Cardholder will be unable to fulfill his payment obligation. In these cases, Treezor can withdraw or have withdrawn the Card by an Acceptor or by an establishment duly authorized to provide payment services. The closing of the Payment Account on which a Card operates entails the closing of the associated Card Accounts and the obligation to return the Card. The final closure of the Payment Account may not take place until one (1) month after the Card(s) has (have) been returned.
19. Contesting transactions
Disputes regarding Card payment transactions are governed by Article 9 of the Master Agreement.
20. Guarantee
Treezor commits itself at any time to exchange the Card declared defective. The defective product must be returned to Treezor as is by registered mail with acknowledgement of receipt (these shipping costs will be reimbursed to the Cardholder from his reserve funds if the product is found to be defective after verification by his services). The Card wrongly declared defective will be returned to the Cardholder, resulting in a handling fee which will be deducted from the Cardholder's cash reserve. In any case, the Cardholder benefits from the legal guarantees of conformity and hidden defects, in accordance with articles L. 211-4 and following of the Consumer Code on the one hand, and article 1641 of the Civil Code on the other. The warranty does not cover :
- Abnormal or non-conforming use of the Card in relation to its intended purpose and the user documentation and this Agreement;
- Defects and their consequences resulting from improper use;
- Defects and their consequences due to any external cause;
- Negligence in storing the Card (prolonged exposure to sunlight, exposure to water or high humidity, repeated contact with metal objects such as keys, etc.).
21. Sanctions
Any false statement is subject to the penalties provided by law. Any false statement or misuse of the Card may also result in the termination of this Agreement. Any actual costs and expenses incurred in the enforcement of the Transactions are to be borne by the Cardholder. The amount of the Card Payment Transactions that could not be debited to the Card Account and, if applicable, to the Payment Account on which the Card operates, will be increased by interest at the legal rate from the value date and without prior notice.
