Fintecture, solution de paiement par virement

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General Terms and Conditions (T&C) for FINTECTURE services

 

 

 

 

Version of May 2nd, 2022

 

Preamble

The present general conditions (hereafter the “T&C”) are concluded between the user of the FINTECTURE services and the company FINTECTURE SAS (hereafter “FINTECTURE”).

 

FINTECTURE is a simplified joint stock company, registered in the Créteil Trade and Companies Register under the SIREN number 834 500 548 and whose registered office is located at 5 Avenue du Général de Gaulle, 94160 Saint-Mandé in France. FINTECTURE is approved as a payment institution by the ACPR (as defined below), under the number 17248, which can be consulted on the official register accessible at the following address: www.regafi.fr.

 

FINTECTURE is also registered with the Organisme pour le registre unique des intermédiaires en assurance, banque et finance (ORIAS) as a non-exclusive agent in banking and payment services (MOBSP) under number 20008803 and as an insurance or reinsurance broker under number 22000510 (details of these registrations can be found on the official website www.orias.fr).

 

1. Definitions

The terms below beginning with a capital letter in the T&C (including its preamble) shall have the following meaning, whether used in the singular or plural:

 

ACPR (“Autorité de Contrôle Prudentiel et de Résolution”): The independent administrative authority responsible for licensing payment service providers (http://acpr.banque-france.fr) and is also responsible for monitoring and enforcing compliance with financial rules and standards applicable on the national territory.

 

ACCOUNT: Any payment account held by a ASPSP, as defined in Article 4.12 of PSD2 (Article L. 314-1 II of the French Monetary and Financial Code).

 

CONNECT PAGE: The online space made available to the USER by FINTECTURE and allowing the USER to select his ASPSP in the context of the use of the Services.

 

DATA: All the USER’s data processed by FINTECTURE, whether it is Personal Data, Personalised Security Data and/or Sensitive Payment Data.

 

PERSONAL DATA: Any information relating to an identified or identifiable natural person, as defined in Article 4.1 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

 

PERSONALISED SECURITY CREDENTIALS: The personalized data provided to the USER by his ASPSP for authentication purposes.

 

SENSITIVE PAYMENT DATA: Data, including Personalised Security credentials, that could be used to commit fraud. In accordance with Article 4.32 of PSD2 (Article L133-4 of the French Monetary and Financial Code), the name of the Account holder and the Account number used in the context of the Services do not constitute Sensitive Payment Data.

 

INTELLECTUAL PROPERTY RIGHTS: All industrial property rights and literary and artistic property rights, including patents, trademarks, designs and models, as well as copyright.

 

PSD2: Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on Payment Services in the Internal Market transposed into French law by Order No. 2017-1252 of 9 August 2017.

 

MERCHANT: A commercial company operating the Merchant Site and integrating the Solution on the Merchant Site to connect FINTECTURE and the USER and allow the latter to use the Services.

 

ASPSP (or “BANK”): Any account servicing Payment Service provider which, within the meaning of Article 4.17 of PSD2, provides an Account to the USER.

 

SERVICE(S): All the services provided by FINTECTURE to the USER as described in articles 5 and 6 of the T&C.

 

PAYMENT SERVICES: The payment services listed in Annex I of PSD2 (Article L.3141 II of the French Monetary and Financial Code).

 

PAYMENT INITIATION SERVICE: A Payment Service consisting of initiating a payment order at the USER’s request concerning an Account held with a Bank, as defined in Article 4.15 of PSD2 (Article II 7° L.314-1 of the French Monetary and Financial Code and Article D314-2 6° of the same code).

 

ACCOUNT INFORMATION SERVICE: A Payment Service consisting of providing consolidated information on Accounts held by one (or more) ASPSP as defined in Article 4.16 of PSD2 (Article II 8° L.314-1 of the French Monetary and Financial Code and Article D314-2 7° of the same code).

 

MERCHANT SITE: The site and/or application operated by MERCHANT to enable people to use the Services provided by FINTECTURE.

 

SOLUTION: FINTECTURE’s payment solution including Services.

 

USER: A natural or legal person, of legal age and resident in France, who has accepted the T&Cs to use the Services.

 

2. Purpose and acceptance of the T&C

The purpose of the T&C is to define the conditions of use and supply of the Services offered by FINTECTURE to the USER.

 

The use of the Services by the USER implies that the USER is fully aware of the T&C in advance and accepts them without reservation. Thus, by accepting the T&C in the Connect page, the USER is presumed to have read and accepted without reservation, the entirety of the stipulations of the T&C which are enforceable against him/her from that moment.

 

The USER expressly agrees not to use and benefit from the Services if he/she does not accept the T&C. The USER also acknowledges that any breach of the T&Cs may result in the immediate refusal to provide all or part of the Services.

 

FINTECTURE reserves the right to modify the present T&C at any time, in particular in order to adapt them to the evolution of the Services or to the evolution of the legislation in force. Consequently, the USER undertakes to consult and accept the latest published version of the

T&C        before        any        new        use        of        the         Services.

 

The USER may at any time download a free copy of these T&Cs on a durable medium (PDF format) and print them out by clicking here.

 

3. Duration

The T&C are concluded as of their acceptance by the USER and apply for the entire duration necessary for the provision of the Services concerned.

 

4. Pricing conditions

FINTECTURE does not charge USERS for the use of the Services, which are provided to the USER free of charge.

The MERCHANT or the ASPSP may charge for certain services at their own discretion and independently of FINTECTURE. Therefore, the USER is recommended to consult in advance the tariffs, fees and currency exchange rates applicable by the ASPSP for payment transactions. FINTECTURE cannot be held responsible for the fees and tariffs applied by the ASPSP and invoiced by it to the USER.

 

5.   Terms and conditions of the Payment Initiation Service

 

      5.1.       Description       of       the       Payment

Initiation Service

FINTECTURE provides the USER with a Payment Initiation Service allowing the USER to quickly, easily and securely instruct its ASPSP to execute a transfer in favour of the MERCHANT. This Service works as follows:

i.      The USER selects the Solution on the Merchant Site, clicks on a FINTECTURE payment link or scans a FINTECTURE payment QR code;

ii.     The USER is redirected to the Connect page and is invited to select his or her ASPSP from the ASPSPs listed;

iii.    The USER is redirected to the interface of his ASPSP and follows the procedure specific to the latter to identify himself and possibly authenticate himself strongly with his personalised Security Credentials. The USER is informed that FINTECTURE only redirects the USER to the interface of his ASPSP and does not intervene in the authentication process;

iv.    The USER confirms his or her request to initiate payment by bank transfer;

v.     Where applicable, immediately after initiating the payment order, FINTECTURE shall confirm to the USER that the payment order has been successfully initiated and shall provide the USER with the following information: the transaction reference and the main characteristics associated with it (account debited, recipient of the transfer, transaction amount);

vi.    Where applicable, FINTECTURE shall notify the USER of the refusal to initiate the transfer request, as well as the reason for the refusal, unless prohibited by law. Pursuant to Article 79 of PSD2 (Article L133-10 of the French Monetary and Financial Code), when the refusal is justified by a material error, FINTECTURE shall indicate, if possible, to the USER the procedure to follow to correct this error.

 

The role of the MERCHANT is limited to connecting the USER and FINTECTURE via the MERCHANT Site in order to allow the USER to use the Payment Initiation Service provided by FINTECTURE. As such, the said Service is provided by FINTECTURE independently of any underlying obligation between the USER and the MERCHANT plays no role in providing the Payment Initiation Service to the USER.

 

The use of the Payment Initiation Service by the USER does not require the creation of any personal space with FINTECTURE.

 

The USER authorises FINTECTURE to contact the USER in order to assist him/her in his/her user experience when he/she has not finalised the payment process.

 

      5.2.       Irrevocability of the transfer order

In accordance with Articles 64 and 80 of PSD2 (Article L.133-8 of the French Monetary and Financial Code), the USER is informed that he cannot revoke a transfer order initiated by FINTECTURE once the USER has given his consent to the initiation of the transfer by FINTECTURE. This consent is considered to have been given by the USER when he validates all the characteristics constituting his transfer request (the amount of the transfer, the Account to be debited and the beneficiary of the transfer) with the ASPSP according to the procedure provided by the latter.

 

      5.3.       Commitments of the USER

In order to use the Payment Initiation Service, the USER must (i) be a resident of one of the countries of the European Economic Area (EEA) and (ii) have full legal capacity to enter into a contract.

When using the Payment Initiation Service, the USER undertakes to:

i.      Use exclusively an Account opened in its name and located in the European Economic Area;

ii.     Check that the URL of the authentication page belongs to its ASPSP;

iii.    Consult the payment transactions executed by the ASPSP, to ensure that the transfer is properly executed by the latter;

iv.    Report to his ASPSP and to FINTECTURE, without delay and at the latest within thirteen months following the debit date, any unauthorised or incorrectly executed payment transaction initiated by FINTECTURE that he notices and/or contests. In the absence of a dispute within the time limit, the payment transactions concerned will be considered as definitively approved.

 

      5.4.       FINTECTURE’s commitments

The initiation of the payment by FINTECTURE is carried out under the conditions provided for in Articles 61 et seq. of PSD2 (Articles L133-1 to L133-45 of the French Monetary and Financial Code). In this respect, FINTECTURE undertakes in particular to:

i.       Not hold the USER’s funds at any time in connection with the provision of the Payment Initiation Service;

ii.      To ensure that the USER’s Personalised Security Data is not accessible to parties other than the USER and the sender of the data and to ensure that the data is transmitted through secure and efficient channels;

iii.     Ensure that any other information relating to the USER, obtained in the course of providing the Payment Initiation Service, is disclosed only to MERCHANT and only with the USER’s consent. The USER agrees that FINTECTURE may communicate the USER’s IBAN to the MERCHANT in a secure manner in the context of a reimbursement of the USER by the MERCHANT;

iv.     Do not store sensitive Payment Data about the USER;

v.      Not to ask the USER for any data other than that required to provide the Payment Initiation Service;

vi.     Not to use, consult or store data for purposes other than the provision of the said Service expressly requested by the

USER;

vii.    Do not change the amount, beneficiary or any other feature of the payment transaction;

viii.   Communicate with the ASPSP, the USER and the MERCHANT in a secure manner.

 

6.   Terms of the Account Information Service

      6.1.       Description     of     the     Information

Service

FINTECTURE provides the USER with an Account Information Service allowing the USER to authorise FINTECTURE to access in a quick, easy and secure way information on his Account (IBAN, name of the account holder…) for the following purposes (hereinafter the “Purposes“):

i.      Receive payments and/or refunds from MERCHANT; or

ii.     Confirm eligibility to initiate a transfer order for a deferred payment and verify the accuracy of the information provided by the USER.

 

This Service works as follows:

i.       By clicking on a link (or by scanning a QR code), the USER is redirected to the Connect page and is invited to select his or her ASPSP from the ASPSPs listed;

ii.      The USER is redirected to the interface of his ASPSP and follows the procedure specific to the latter to identify himself and possibly authenticate himself strongly with his personalised Security Credentials. The USER is informed that FINTECTURE only redirects the USER to the interface of his ASPSP and does not intervene in the authentication process;

iii.     The USER confirms that he/she authorises FINTECTURE to access his/her Account information for the Purposes specified.

 

The role of the MERCHANT is limited to connecting the USER and FINTECTURE via the MERCHANT Site in order to enable the USER to use the Account Information Service provided by FINTECTURE. As such, the said Service is provided by FINTECTURE independently of any underlying obligation between the USER and the MERCHANT plays no role in providing the Account Information Service to the USER.

 

The use of the Account Information Service by the USER does not require the creation of any personal space with FINTECTURE. The USER authorises FINTECTURE to contact the USER in order to assist him/her in his/her user experience in case of difficulties encountered by the USER.

 

6.2. Commitments of the USER

In order to use the Account Information Service, the USER must (i) be a resident of one of the countries of the European Economic Area (EEA) and (ii) have full legal capacity to enter into a contract.

When using the Account Information Service, the USER undertakes to:

i.      Use exclusively an Account opened in its name and located in the European Economic Area;

ii.     Check that the URL of the authentication page belongs to its ASPSP.

 

6.3. FINTECTURE’s commitments

The Account Information Service is provided by FINTECTURE under the conditions set out in Article 67 of PSD2 (Article L133-41 of the French Monetary and Financial Code). In this respect, FINTECTURE undertakes in particular to:

i.       To obtain the express consent of the USER ;

ii.      Ensure that the USER’s Personalised Security Data is not accessible to parties other than the USER and the sender of such data and ensure that it is transmitted in a secure manner;

iii.     Communicate with the ASPSP, the USER and the MERCHANT in a secure manner;

iv.     Access only information from the USER’s designated Accounts and associated payment transactions;

v.      Do not request sensitive Payment Data related to Accounts; vi. Use, consult or store data only for the purpose of providing the Account Information Service expressly requested by the USER.

 

7. Professional secrecy

In accordance with the provisions of Article 24 of PSD2 (Article L.522-19 of the French Monetary and Financial Code), FINTECTURE is bound by professional secrecy.

 

However, it follows from these legal provisions that:

i.       Professional secrecy may not be invoked against certain authorities, in particular the tax and customs authorities, the Banque de France, the ACPR and the judicial authority acting in the context of criminal proceedings;

ii.      This professional secrecy does not prevent FINTECTURE from communicating information to third parties for the purposes of certain operations mentioned in Article L.52219 of the French Monetary and Financial Code, and in particular to third parties with whom it has concluded service contracts with a view to entrusting them with important operational functions. In this context, the persons receiving information covered by professional secrecy are required to keep it confidential, except where the abovementioned legal exemptions may apply;

iii.     FINTECTURE may communicate information covered by professional secrecy to designated third parties on a caseby-case basis and only with the express authorisation of the USER.

 

8. Personal data

For the purposes of this section, all words beginning with a capital letter and not specifically defined in the T&C shall be deemed to have the same meaning as in Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter the “GDPR”).

 

Within the framework of the execution of the T&C and the provision of the Services, FINTECTURE, as the Data Controller, is required to process personal Data concerning the USER. In this respect, the USER undertakes to comply fully with the regulations applicable to the Processing of Personal Data (hereinafter the “Applicable Regulations“) and any applicable national legislation including the French Law no. 78-17 of 6 January 1978 as amended by the law of 20 June 2018.

 

The terms and conditions of the Processing carried out by FINTECTURE as well as the USER’s rights are detailed in FINTECTURE’s Data Protection Policy accessible at the following address: https://www.fintecture.com/privacy_fr/. The USER may at any time exercise his rights with FINTECTURE by contacting the data protection officer appointed by FINTECTURE at the following address: dpo@fintecture.com.

 

9. Security of Services

As a Payment Institution carrying out activities authorised and controlled by the ACPR, FINTECTURE considers Data security as its priority. As such, FINTECTURE implements and undertakes to maintain appropriate technical and organisational security measures in accordance with the highest and most proven standards of computer security. FINTECTURE uses high level encryption algorithms to guarantee the integrity of the Data and is regularly audited by independent companies recognised in the field of computer security.

The USER undertakes to:

     i.           Not to commit any act likely to jeopardise the security of

FINTECTURE’s information systems; ii. Immediately notify FINTECTURE of any suspected fraudulent access to or use of its Account or any event that may lead to such fraudulent and/or unauthorised use of the Services, such as, but not limited to: loss, theft, accidental disclosure, misappropriation or any compromise of its Account credentials and other Data or unauthorised transaction. Such notification shall be made by sending an email to the following email address: contact@fintecture.com.

 

10. Anti-money laundering and fraud

10.1. Anti money laundering and terrorist financing

In accordance with the AML-FT European Directive (articles L.561-2 and following of the French Monetary and Financial Code), FINTECTURE is an entity subject to the French and European anti-money laundering and anti-terrorist financing regulations (“AML/CFT Obligations”) and is obliged to carry out the necessary due diligence within the framework of the use of the Services by the MERCHANT and/or the USERS.

 

In this respect, FINTECTURE may set up systems of surveillance, control and limitation of the Services in order to fight against money laundering and terrorist financing. FINTECTURE also reserves the right to request proof of identity as well as any other document relevant to the use of the Services and useful for FINTECTURE’s compliance with its legal obligations, in particular with regard to the fight against money laundering (document proving the identity of the USER, Kbis extract for legal entities, proof of address, any information or proof concerning the transaction carried out…). In the event of non-transmission of these documents and information requested, FINTECTURE reserves the right to refuse to provide the Services.

 

In application of Article 40 of the AML-FT European Directive (Article L561-12 of the French Monetary and Financial Code), FINTECTURE keeps these documents and information for a period of up to five (5) years from the end of the contractual relationship.

 

10.2. Combating fraud and the risk of nonpayment

In accordance with Article 94 of PSD2 (article L521-6 of the French Monetary and Financial Code), FINTECTURE can be led to carry out operations of prevention, research and detection of frauds as regards payments and limitation of the risk of non-payment. In this respect, in case of suspicion of fraud or important risk of non-payment, FINTECTURE can be led to set up systems of limitation of the Services with the aim of fighting against fraud in payments.

 

11. Intellectual property

The present T&C do not confer to the USER any Intellectual Property Rights on the Solution and the elements composing it or made available to the USER by FINTECTURE, including software, applications, brands, interfaces, databases, know-how, data, texts, presentations, illustrations, computer programs, animations, and any other information made available to the USER (the “Elements”). As such, the Elements are and remain either the exclusive property of FINTECTURE, or subject to a license granted to FINTECTURE by a third party holding these rights.

 

The USER is not allowed to reproduce, represent, modify, translate and/or adapt, partially or totally, each of the Elements without the prior written consent of FINTECTURE and is forbidden to do anything that could directly or indirectly infringe the intellectual property rights of FINTECTURE on the Elements.

 

FINTECTURE grants the USER, on a non-exclusive basis, for the whole world and for the duration of the T&C, the right to access and use the Connect page, this right of use not conferring any Intellectual Property Rights on the USER.

The names, brands, products or services of the ASPSPs referenced by the Services do not imply the existence of a commercial partnership between these ASPSPs and FINTECTURE or a recommendation of their products or services. These elements are displayed only to allow the USER to select his ASPSP.

 

12. Liability

12.1. General liability for FINTECTURE

FINTECTURE undertakes to provide the Services in accordance with the provisions of the TOS.

 

FINTECTURE cannot be held responsible in case of damage caused to the USER resulting from an external cause not linked to the provision of the Services, not attributable to FINTECTURE and independent of the latter. This may include any damage resulting from the following events:

i.      Any fault, any abusive or fraudulent use of the Services or any non-compliance with the T&C by the USER;

ii.     The failure of one of the third-party entities involved in the payment chain, including but not limited to payment servers and systems, bank verification and authentication systems, SEPA transfer systems of payment service providers, interbank transfer systems, electronic money systems and flow processing systems;

iii.    A malfunction of the Internet network, the telecommunications network or the electrical network, unless these malfunctions can be attributed to FINTECTURE; iv. A malfunction related to the functioning of the MERCHANT’s site and/or its information systems;

v.       A malfunction or interruption of the APIs made available by the ASPSPs, the latter remaining beyond the control of FINTECTURE;

vi.      Communication by the ASPSP of an incorrect payment status or any inconsistency between the payment status communicated by the ASPSP and the settlement of the payment;

vii.     Refusal of the payment transaction by the ASPSP, including in the event that the limits applicable by the latter are exceeded;

viii.    Phishing        (theft         of               Personalized Security Credentials…)              or compromise of Data not attributable to FINTECTURE ;

ix.      Access by a third party, authorised or not by the USER, to his

Data, unless this access can be imputed to FINTECTURE ;

x.       The transmission of incorrect information by the USER, the MERCHANT or the ASPSP to FINTECTURE, including documents and proofs requested by FINTECTURE in the context of the fight against money laundering and terrorist financing;

xi.      In the event of force majeure, as interpreted by the case law of the French courts. This includes in particular natural disasters, fires, internal or external strikes, breakdowns, shortages, war, power cuts, telecommunication network failures, loss of Internet connectivity due to public or private operators and, in general, any event beyond the control of FINTECTURE and making it impossible to execute the T&C.

 

Furthermore, the USER acknowledges that FINTECTURE does not intervene in any way in the commercial and contractual relations and possible disputes, commercial or not, between the MERCHANT and the USER in relation to a good or service marketed by the MERCHANT and does not exercise any control over the conformity, safety, legality, characteristics and appropriateness of these goods and services. In this respect, the USER is informed that the MERCHANT remains solely responsible for the goods and services it markets to its customers via the Solution.

 

FINTECTURE does not offer any guarantee regarding the list of ASPSPs connected to the Services, as this list may be modified at any time.

 

12.2. FINTECTURE’s liability specific to the Payment Initiation Service

In accordance with Articles 64 et seq. of PSD2 (Articles L.133-18 and following of the French Monetary and Financial Code), when, in the context of a payment transaction initiated by FINTECTURE, the USER denies having authorised a payment transaction which has been executed, or when the payment transaction has not been executed correctly, it is FINTECTURE’s responsibility to prove:

i.          that the payment order has been received by the ASPSP and that, as far as FINTECTURE is concerned, the payment transaction has been authenticated, duly recorded and correctly executed and has not been affected by any technical or other deficiency in connection with either the service it provides or the non-execution, poor execution or late execution of the transaction; OR

ii.         that the USER has acted fraudulently or has failed, intentionally or as a result of gross negligence, to fulfil his obligation to inform FINTECTURE in the event of knowledge of the misappropriation or any unauthorised use of the Service.

 

When this proof is provided, FINTECTURE cannot be held responsible in case of non-execution, bad execution or unauthorised execution of the payment transaction.

 

12.3. Liability of the USER

The USER undertakes to use the Services in strict compliance with the T&Cs and the applicable laws and regulations. In case of noncompliance with one or more stipulations of the T&C, the USER may be held responsible and may be required to compensate FINTECTURE for any consequences that may result.

 

 The USER remains solely responsible for the use of his Data and the equipment and software he uses to use the Services as well as the implementation and maintenance of appropriate security and confidentiality measures to protect them (back-up, updates, password security…). The USER remains solely responsible for the use he makes of his Data in case he exports and stores them on any external support.

 

13. Suspension of Services and Termination

In the event of a breach by the USER of one or more of its obligations under the T&Cs, FINTECTURE reserves the right, as soon as the breach(s) is (are) noted, to suspend the provision of the Services and to terminate the T&Cs, without notice or right to compensation. In this case, FINTECTURE will inform the USER as soon as possible by any means.

 

14. General provisions

The USER is informed that, due to the nature of the Services provided, the withdrawal period of 14 days provided for in the European regulation (Articles L. 222-7 et seq. of the French Consumer Code) is not applicable.

 

The T&C, as well as the rights and obligations related to it, cannot be assigned, conceded, delegated, transferred in any way whatsoever, in whole or in part, whether in return for payment or free of charge, by the USER, without the prior written consent of FINTECTURE.

 

In the event that any of the provisions of the T&C are deemed invalid by virtue of a legal principle, law, regulation or invalidation by a court decision, the parties agree that the remaining provisions of the T&C shall remain in force.

 

Unless otherwise provided, the fact that one of the parties has not required the application of any provision of the T&C shall not be considered as a waiver of the rights of that provision under the said provision.

 

The official language of the T&C and the provision of the Services is French. The French version of the T&C prevails over any translated English version.

 

15. Complaints and mediation

15.1. Claim

For any question or difficulty of a technical, administrative or commercial nature, or for any claim relating to the use of the Services and the Solution, the USER may:

 

i.                In the first instance, contact FINTECTURE’s support department at the following e-mail address: support@fintecture.com.

ii.               Secondly, send a complaint by post to the following address FINTECTURE SAS, 5 avenue du Général de Gaulle, 94160 Saint-Mandé.

 

In the event of a complaint, FINTECTURE will make its best efforts to acknowledge receipt of the complaint within a maximum of ten (10) days and to provide a definitive answer to the USER within a maximum of two (2) months from receipt of the complaint. FINTECTURE will also keep the USER regularly informed of the processing of his complaint. FINTECTURE may request any document (proof, written statement, etc.) supporting the USER’s complaint.

 

15.2. Amicable settlement and mediation

In the event of a dispute between the USER and FINTECTURE in relation to the execution of the T&C and the provision of the Services, the USER and FINTECTURE will endeavour to find an amicable solution to their dispute.

 

In application of Article 99 of the PSD2 (Article L.316-1 of the French Monetary and Financial Code), the USER, when acting for nonprofessional purposes, is informed of the possibility of referring to the AFEPAME mediator free of charge and in all circumstances:

i.       By electronic referral from the AFEPAME consumer

         ombudsman          website:           mediateurconsommation

afepame.fr ;

ii.      By e-mail, to the address of AFEPAME’s Consumer Ombudsman: contact@mediateur-consommation-

afepame.fr ;

iii.     By simple mail to the following postal address: “AFEPAME’s Consumer Mediator c/o WEBHELP GRAY – Zac de Gray – Impasse Clément Ader 70100 Gray”.

 

Any referral to AFEPAME’s Consumer Mediator shall be acknowledged to the USER and an admissibility study carried out within three weeks of the date of the request. If the parties agree to enter into mediation, the outcome of the mediation shall, in principle, take place within a maximum period of 90 days from the date of the notification of admissibility sent by the AFEPAME consumer mediator to the USER, in accordance with Article R612-2 of the Consumer Code.

 

Recourse to mediation by the USER remains optional and does not constitute a necessary prerequisite for referral to a judge.

 

16. Applicable law and jurisdiction

The T&C and all matters relating to their execution or interpretation are governed by French law.

 

For the settlement of any dispute that FINTECTURE and the USER could not resolve amicably, the French courts are exclusively competent.