Essentials Terms and conditions Paying plans agreement 02-04-2024

Paying plans agreement – 02-04-2024

General

Article 1 : Definitions

“Plans” means the Lydia+, Lydia Green+ and Lydia Black+ versions to which the individual Customer may subscribe. 

Unless otherwise specified, capitalised terms not defined in this Paying Plans Agreement refer to terms defined in the Relationship Agreement and the Payment Account Agreement. 

Article 2 : Characteristics of the plans

The Paying Plans Agreement governs the terms and conditions of the subscription to the Lydia+; Lydia Green+ and Lydia Black+ plans and the terms and conditions for the provision of the related payment services. 

It is concluded between Lydia and the Customer, a natural person of legal age and capacity, not acting for professional purposes. The Lydia Account associated with a Plan is intended to record the Customer’s transactions relating solely to his private life, to the exclusion of all professional transactions. 

The Paying Plans Agreement is an integral part of the Agreement as defined in the Payment Service Account Agreement or the Electronic Money Account Agreement, depending on whether the user has a payment account or  an electronic money account In this respect, all the provisions of the Payment Account Agreement or the E-Money Account Agreement apply, depending on whether the user has an electronic money account or a payment account. The provisions of the Card Agreement and the Fees and Limits Appendix shall apply in the context of the present Paying Plans Agreement. 

Article 3 : Characteristics of the offers

1. General characteristics 

A Plan consists of an individual payment account and a Lydia Card, an international VISA payment card with systematic authorisation. It allows its holder to access Lydia products and services and to manage his or her payment account independently by subscribing to remote account management services (internet, fixed telephone, SMS, etc.) under the specific pricing conditions set out in the Fees and Limits Appendix. 

2. Subscriptions 

One can cancel one’s Lydia+ plan anytime. No minimum subscription period is required by Lydia. 

However, Lydia Green+ and Lydia Black+ plans are taken out for a period of 12 months by the Customer, with monthly or annual billing. 

A paid subscription is taken out in return for payment of a monthly or annual fee for the service package, the amount of which is set out in the Fees and Limits Appendix applicable to products and services for individuals. 

These fees are automatically debited from the payment account when the paid subscription is taken out, and then on each anniversary date (monthly or annual), unless this Agreement is terminated under the conditions set out in Article 8 “Duration – Termination”. 

The anniversary date is always calculated in relation to the subscription date and not in relation to the date of full payment of the Lydia subscription fee. 

Some Customers may be entitled to a temporary discount on subscription. 

These discounts are for a limited period (specified in the conditions of the Plan concerned). After this period, the discount is no longer applicable and the Customer’s Plan is automatically renewed. Therefore, if he does not cancel his Plan before the end of the discount, the Customer will be required to pay the monthly or annual Subscription fee. 

Article 4 : Online access to the services of the offer

Plans and their associated services are accessible from the Lydia Application. 

Article 5 : Services offered

Lydia offers three Plans governed by these conditions: 

a) Lydia+: 

In addition to the possibility of creating several Wallets, shared accounts and payment cards (physical or virtual), the Lydia+ customer can also benefit from the following services: 

1. Cashback service (also called “Automatic Cashback”) 

The Customer who has subscribed to a Lydia Plan benefits from Paylead’s partnership Cashback service allowing him/her to obtain a refund of part of the amount of his/her purchase on his/her Lydia Customer Account (“Cashback“), provided: 

  • the customer makes a purchase of an eligible good or service from a partner retailer (“Retailer“); 
  • the customer makes payment with a Lydia Visa card; and 
  • meet all the conditions imposed by the Retailer. 

The Client can see Paylead’s Privacy Policy here.

The Customer who has subscribed to a Plan is informed that the Signs and the Cashbacks offered by them may change at any time. It is therefore the duty of the Customer to ensure that the Cashbacks he/she is interested in are still ongoing when purchasing a good or service. 

Furthermore, before making a purchase from a Retailer, the Customer must ensure that the website or shop where he wishes to make his purchase is indeed that of the Retailer and not a third party. 

The Cashback service is exclusively reserved for personal use. The use of this service in the context of a professional activity shall oblige the Customer to reimburse all the Cashback received and shall result in the immediate termination of the present contract. 

The Cashback is only to be paid to the Customer once the purchase is final. This means that as long as the Customer can exercise his right of withdrawal or reflection or as long as the order has not been paid in full, for example because of delivery or payment facilities, the Cashback is not due. If the Customer returns a product or cancels a service after the Cashback has been paid, the Cashback must be returned. Furthermore, for certain services, in particular those relating to air transport or travel, the Cashback will only be paid after the service has been performed. 

Lydia shall promptly transmit the necessary information to PayLead in order for the Customer to receive the Cashback. However, the Customer acknowledges that the Cashback cannot be paid until the Retailer has transferred the information to Lydia. Depending on the Retailer, the delay varies and can take up to several months. 

The Customer acknowledges and agrees that Lydia transfers to PayLead the transaction records (time stamp, title, amount, beneficiary, etc.) of the Lydia Payment Account and of the bank accounts linked to the Lydia Application, in order to allow Lydia and PayLead to identify the transactions eligible for a Cashback and to be able to proceed with their payment. PayLead also analyses bank transaction data to provide personalised offers based on transaction history and spending habits. Lydia and PayLead are both Data Processors, as defined by the French Data Protection Act. For more information, the Customer may refer to Lydia’s Privacy Policy and PayLead’s Privacy Policy. 

Lydia shall pay the Cashback directly into the Payment Account of the Customer. This payment is made on the 20th day of each month and includes all the Remittances due to the Customer which are paid by the Retailers. 

The Customer can track the purchases he has made from the Retailers directly from the Lydia Application. They can also obtain a free electronic transaction report by contacting Lydia Support at support@lydia-app.com. 

Lydia and PayLead may terminate the Retail Customer’s access to the Cashback service free of charge by simple notification by email, after expiry of a two-month notice period. 

However, Lydia is exempted from the notice period and may terminate immediately in case of serious misconduct of the Customer (in particular if the Customer refuses to provide information or provides false or inaccurate documents or makes threats or insults to an employee of Lydia) or in case of non-compliance with any of the obligations of these Agreements. In this case, the Customer may be required to pay a regularisation / processing fee (see Fees and Limits Appendix).

The Cashback, possibly reduced by fees or undue payments, collected prior to the termination will be automatically transferred to the Payment Account of the Customer at the end of the current month. The Customer is invited to check the information contained therein in order to assert his rights as soon as possible if necessary. 

The Customer subscribes to the Cashback service for an indefinite period of time, and may terminate his membership at any time and request that he no longer benefits from Cashback, by paying any amounts due. To this end, the Customer can contact Lydia Support by email at support@lydia-app.com. An email will be sent to the Customer confirming the cancellation within 5 (five) working days upon reception of the cancellation request. 

A request for termination of the Cashback service initiated by the Customer does not entail termination of the Plan, unless the Customer requests otherwise. 

The Buyer may at any time re-subscribe to the Cashback service directly in the Application (see Lydia Manual). 

In the event of termination of a Plan, the Customer will cease to benefit from the Cashback service for any purchases made after termination. 

2. Gift cards 

The Customer who has subscribed to a Lydia Plan may purchase gift cards via the Application. A gift card is a dematerialised card credited with a defined amount that allows purchases to be made from the card issuer. These gift cards can be used to pay in a shop or on the partner’s website, using a code provided at the time of order. 

Before choosing a gift card, the Customer acknowledges and accepts the conditions of validity and use of the gift card specific to each Retailer. The choice of a gift card is final and cannot give rise to an exchange or refund by Lydia or the partner store in any form whatsoever. 

The Customer receives the gift card by e-mail within the specified period. A gift card is a digital content not provided on a material and personalised support and is therefore neither exchangeable nor refundable nor eligible for the right of withdrawal. 

The deals are independent of Lydia, the company issuing a gift card is solely responsible for ensuring the validity of the voucher under the conditions indicated on it and previously accepted by the Customer. For any question or claim regarding the use of a gift card, the Customer should contact the company directly using the contact details indicated on the gift card. 

Lydia does not pass on theCustomer’s personal data to the company or to a third party. Only the information concerning the use of the gift card and the profile of the beneficiary may be used and shared with a third party in order to propose to the Customer the most relevant offers of goods and services. In the event of termination of a Plan, the Customer will no longer be able to purchase gift cards from the time of termination. 

3. Trading account 

The Customer who has subscribed to a Lydia Plan can benefit from trading services via the Application. This trading account is offered in partnership with Bitpanda GmbH (E2020-006, FN423018k) and Bitpanda Financial Services (FN551181k). 

The Lydia Trading Account is a dedicated platform and account open to all users of the Plan, to invest with Lydia in the assets offered on the Bitpanda platform. The Customer who subscribes to a Plan and who would like to benefit from the trading services is invited to consult and accept the Bitpanda x Lydia Terms and Conditions. 

In case of termination of a Plan, the Customer will still be able to hold and sell the assets purchased with the trading account offered in partnership with Bitpanda. However, the Customer will not be able to purchase new assets from the time of termination. 

4. Personal credits 

The Customer who has subscribed to a Lydia Plan may benefit from personal loan services via the Application on advantageous terms, subject to the conditions of granting. In particular, the number of loans that can be granted to a Customer with a Lydia Plan is not capped and the instant funds transfer options will be free of charge. 

The Customer who subscribes to a Lydia Plan and who would like to subscribe to a loan with our partner Floa is required to consult and accept the “Coup de pouce” General Conditions. 

In the event of termination of a Plan, the Customer will no longer be able to take out a new “Petit Prêt Express” over €1,500 or a new Revolving Loan. 

b) Lydia Green+ 

allows the Customer, in addition to the services accessible via Lydia+, to benefit from the following services, within the limits set out in the Fees and Limits Appendix: 

– the amount of the sums deposited in the Lydia Green+ Customer’s current account (the “Lydia Green+ Account”) be invested by Lydia in an account opened with La NEF, an ethical bank, and may only be used to finance social, ecological and cultural projects. 

c) Lydia Black+ 

allows the Customer, in addition to the services accessible via Lydia+, to benefit from the following services, within the limits set out in the Fees and Limits appendix: 

– Insurance for travel, car rental or fraudulent payments;

– Access to partner services, listed in the Lydia Manual; 

– A telephone assistance service by appointment. 

In addition to the services and functionalities mentioned above in this section, Lydia offers the following functionalities to its Customers benefiting from a Plan : 

  • investment; 
  • account customization; 
  • personal financial management; 
  • partnerships; 
  • and many other advantages. Lydia reserves the right to make additional advanced features available to Customers who have subscribed to a Plan and to upgrade them. 

The Lydia Customer is informed that Lydia’s partners may change during the course of the Plan and is invited to consult the list of Lydia’s partners regularly. 

Article 6 : Fees

The standard fees, charges or pricing principles applicable to the Agreement are specified in the Fees and Limits appendix 

All fees due by the Customer for a paid subscription to Lydia are automatically deducted from the Customer’s Lydia Account. If the Customer’s Lydia Account has an insufficient balance for the deduction of these fees, the Customer has a period of one month to fund his account. After this period, the Customer expressly agrees that Lydia may debit the amount due from  an external bank or payment card, aggregated to the Application. Lydia may also terminate the Customer’s subscription to a Lydia Plan. 

Modification – Duration – Termination

Article 7 : Modification

Lydia reserves the right to change this Agreement including the Fees and Limits appendix at any time. 

Any changes to this Agreement will be communicated to the Customer in a durable medium by email and on the Lydia website at least two (2) months prior to the effective date of the proposed changes. 

If the Customer does not accept the proposed changes, he may terminate the Agreement without charge before the date on which the changes come into force: 

  • Directly in the Lydia mobile application; 
  • By email to Customer Support at support@lydia-app.com 

By letter addressed to : Lydia, Support Customer Lydia, 14 avenue de l’Opéra, 75001 Paris. 

If the Customer does not object before the date on which the proposed changes come into force, the Customer accepts the changes. 

On the other hand, any legislative or regulatory measure, such as any interpretation of a legal or regulatory rule by a competent authority, which would have the effect of modifying all or part of the Agreement, shall be applicable as soon as it enters into force.

Article 8 : Duration – Termination

1. Duration 

This Agreement is concluded for an indefinite period. 

2. Termination at the Customer’s initiative 

The Customer may terminate this Agreement at any time, without reason and without charge, as follows: 

  • Directly in the Lydia mobile application; 
  • By email to Customer Support at support@lydia-app.com; 
  • By letter addressed to : Lydia Support, 14 avenue de l’Opéra, 75001 Paris. Any request for termination shall take effect immediately upon receipt by Lydia. 

As from the effective date of termination, the Customer will benefit from the services associated with the Plan until the next anniversary date of his annual or monthly subscription to the Lydia Plan. 

On the anniversary date, the Customer will no longer be able to benefit from the products and services attached to the Plan. He will then benefit from the advantages of the Lydia payment account, with no plan attached. The Agreement will not be terminated. 

The monthly or annual fee for the Plan is given to Lydia and cannot be refunded. The Customer may however keep his Lydia plastic card, which will then function as the Lydia card. 

3. Termination at Lydia’s initiative 

Lydia may, at any time and without need for justification, with a two (2) months’ notice: 

  • Terminate the Agreement to the paid subscriptions offered by Lydia, which implies the closure of the Lydia Account and the termination of all additional services to the Lydia Account that may have been subscribed to by the Customer. 
  • Terminate one or more of the services provided by Lydia other than the Lydia Account without terminating the entire Agreement and closing the Lydia Account (e.g. termination of the card services only). 

The Customer will be informed of the termination of this Agreement or of part of the services provided by notification sent on a durable medium by email. Any credit balance will be returned to the Customer at the end of the two (2) month notice period by bank transfer to an account opened in the Customer’s name, the details of which will have been previously communicated to Lydia by the Customer by means of a valid RIB. 

Lydia will not be required to give any notice period in the event of serious misconduct by the Customer (including insults or threats by the Customer or his agent against a Lydia employee), or in the event of any proceedings of any kind against the Customer, or in the event of abnormal operation of the account. 

Fees regularly charged by Lydia for the Lydia Plan are only payable by the Customer on a pro-rata basis for the period due at the date of termination of this Agreement. If paid in advance, such costs will be reimbursed by Lydia on a pro rata basis. 

Right of withdrawal

Article 9 : Withdrawal

In accordance with Articles L. 222-7 et seq. of the French Consumer Code, the Customer has the right to withdraw from this Agreement without giving any reason by sending back by email the withdrawal form attached here to duly completed and signed: 

  • By email to support@lydia-app.com; 
  • By letter addressed to : Lydia Support, 14 avenue de l’Opéra, 75001, Paris. 

The Customer expressly and unreservedly requests the immediate provision of the services provided for herein before the expiry of the withdrawal period, without, however, waiving this right, which shall remain accorded to him. 

The right of withdrawal must be exercised within fourteen (14) calendar days from the date of entry into force of this Agreement, the date of dispatch of the withdrawal email being the proof. 

If the Customer decides to withdraw before the services provided hereunder are provided to the Customer, this Agreement shall be cancelled without any fees and/or costs being due. 

If the Customer decides to withdraw from the Agreement after services have already been provided by Lydia to the Customer, this Agreement is cancelled and: (i) Lydia will refund to the Customer as soon as possible and no later than thirty (30) days all sums received under the Agreement except for sums corresponding to the service actually provided before withdrawal and (ii) the Customer will be obliged to return to Lydia as soon as possible and no later than thirty (30) days any sums received by the Customer from Lydia. 

Complaint – Mediation

Article 10 : Complaints

1. Contacts 

For any difficulty or complaint relating to the operation of the account or the use of the services made available to him, the Customer may contact the complaints department: 

  • By email to the following address: support@lydia-app.com; 
  • By mail to the following address: Lydia Solutions. Service Réclamation. 14 Avenue de l’Opéra, 75001 Paris. 

As part of the processing of recommendations, the Customer agrees to receive registered letters with electronic acknowledgement of receipt, as defined in Article 100 of the French Post and Electronic Communications Code. This dispatch will be preceded by an email from the service provider responsible for sending the letter, allowing the Customer to refuse, within fifteen (15) days, this means of communication. 

2. Handling of complaints 

Lydia undertakes to acknowledge receipt of the complaint within ten (10) working days and to provide a response to the customer within 2 (two) months, except in exceptional cases. 

In the event of a complaint regarding payment services, Lydia undertakes to provide a response to the customer within a maximum of fifteen (15) days upon reception of the complaint, except in exceptional situations where this period may not exceed 35 (thirty-five) days. In exceptional situations, if a response cannot be given within fifteen (15) business days, Lydia undertakes to send the Customer a holding response clearly stating the additional time required to respond to the complaint and specifying the latest date on which the Customer will receive a final response. In any event, a final answer will be communicated to the Customer at the latest within thirty-five (35) working days following the receipt of the complaint. 

As a last resort, the Customer may refer the matter to the Mediator for free. 

Article 11 : Mediation

The Mediator is the last amicable recourse before taking legal action. The referral to a Mediator is tantamount to an express authorisation by the Customer to waive professional secrecy with regard to the communication of information necessary for the mediation process. The Customer may refer his complaint to the AFEPAME Mediator free of charge, provided that he:

  • disagrees with the answer given beforehand by the Lydia advisor and by the Lydia Support, 
  • or that he has not received a response to your complaint within two (2) months, or thirty-five (35) working days for a complaint concerning a payment service. 

The AFEPAME Mediator can be contacted:

  • By email: contact@mediateur-consommation-afepame.fr;
  • By post: For the attention of the AFEPAME Consumer Mediator: c/o WEBHELP – Zac de Gray – Impasse Clément Ader 70100 Gray

The AFEPAME Mediator’s website can be accessed via the following link https://mediateur-consommation-afepame.fr/.

Any dispute arising from a contract of sale or online services can also be formulated electronically on the European platform for Online Dispute Resolution (ODR) on the website: https://webgate.ec.europa. eu/odr/.

Withdrawal form

LYDIA Plan 

To be returned only if you wish to cancel your Plan to Lydia, at the latest within 14 calendar days of your acceptance: 

This withdrawal is only valid if it is sent before the expiry of the deadlines mentioned in Article 10 “Withdrawal” above, legibly and fully completed. 

I, the undersigned, ……………………… born on …………. living at ………………………… (town and postcode) declare that I renounce the Lydia Plan and all associated services. 

Date: ………………………………………. 

Customer’s signature: ……………………………………