Essentials Terms and conditions Terms and conditions applicable to the Sumeria offers – 23/09/2024

Terms and conditions applicable to the Sumeria offers – 23/09/2024

General provisions

These Terms and Conditions applicable to the Sumeria offers were applicable until September 23, 2024.

Article 1: Definitions

“Mobile Application” means any application, published by Lydia Solutions, for individuals, available for download from application stores (list available on the Lydia Solutions website), for compatible devices and operating systems. An active internet connection is required for its operation.

“Sumeria Terms and Conditions” means this document to which the Terms and Conditions relate.

“Account Agreement” means as the case may be the Payment Account Agreement or Electronic Money Account Agreement.

“Account” means as the case may be the Payment Account governed by the Payment Account Agreement, or the Electronic Money Account governed by the Electronic Money Account Agreement.

“Offers” means the Sumeria Offer and the Sumeria+ Offer.

“Sumeria Offer” means, when it is available to subscribe, the bundled services offering available from the Mobile Application dedicated to the Sumeria product in accordance with the procedures provided by these Sumeria Terms and Conditions.

“Sumeria+ Offer” means, when it is available to subscribe, the bundled services offer dedicated to the Sumeria product in accordance with the procedures provided by these Sumeria Terms and Conditions.

Unless otherwise specified, the capitalized terms not defined in these Sumeria Terms and Conditions refer to terms defined in the Account Agreement and the Terms and Conditions.

The French version of these Terms and Conditions prevails over the English version.

Article 2: Purpose

These Sumeria Terms and Conditions regulate the conditions of subscription to the Sumeria Offer and to the Sumeria+ Offer and the procedures of payment services provision that are related.

These Sumeria Terms and Conditions are agreed to between Lydia Solutions and the Customer, a natural person of legal age and capacity that is not acting for professional purposes. The Account linked to one of the Offers is meant to record the Customer’s transactions related to their personal life only, excluding all professional transactions. These Sumeria Terms and Conditions are part of the Account agreement. As such, all the provisions of the Terms and Conditions, of the Account agreement, of the Card agreement and of the Pricing and Limits Annex, apply within the framework of these Sumeria Terms and Conditions.

Article 3: Offers features

1 – General features

Each Offer includes an individual payment account and a Card. The Account allows its owner to access products and services provided by Lydia Solutions and to manage it independently with the subscription to remote management services (internet, mobile phone, text message, etc.) according to the conditions stated in the Pricing and Limits Annex.

2 – Offers

Sumeria Offer can be terminated at any time.There is no minimum subscription period required by Lydia Solutions.

The Customer subscribes to the Sumeria+ Offer for a period of six (6) months, then tacitly renewable on a monthly or annual basis depending on the Customer’s choice. The offer is invoiced monthly or annually.

Each offer is signed in return for payment of a monthly or annual payment, the amount of which is set out in the Pricing and Limits Annex. 

The payment is automatically debited from the Account opened with Lydia Solutions, upon subscribing to one of the Offers when it is not free, and then on the same date (monthly or annually), unless these Sumeria Terms and Conditions are terminated under the conditions set out in Article 8 “Term – Termination”. 

The renewal date always matches the subscription date and not the date of the full payment of the subscribed Offer, if relevant.

Some Customers may benefit from a temporary discount on their Offer.

These discounts are limited in time (stated in the conditions of the relevant Offer). Once the time limit is exceeded, the discount is no longer applicable and the Customer’s Offer is automatically renewed. Therefore, if they don’t terminate their offer before the end of the discount, the Customer is required to pay the monthly or annual fees.

3 – Partners’ services offered via Lydia Solutions

The Customer may, at any time, consult the “Professional regulations” item for the regulatory status used by Lydia Solutions when allowing the Customer access to its Partners’ services, in addition to its own services available within the Offers.

4 – Evolution of functionalities and Partners

Lydia Solutions reserves the right to provide Customers who have subscribed to one of the Offers with additional advanced functionalities and to develop them further. 

The Customer is informed that Lydia Solutions’ Partners may change during the course of one of the Offers and is invited to regularly consult the list of Lydia Solutions Partners.

Article 4: Online access to the Offers services

The Offers and their associated services are available from the Mobile Application. 

Article 5: Services included in Sumeria Offer

Lydia Solutions provides Sumeria Offer regulated by these conditions:

In addition to being able to create several Wallets, as well as Shared Accounts and Cards (physical or virtual), according to the terms and conditions set out in the Terms and Conditions, the Customer who subscribed to the Sumeria Offer may also benefit from the following services. 

Trading Account

The Customer is informed that Bitpanda GmbH, whose registered office is at Stella Klein Löw Weg 17, 1020 Vienna, Austria (hereinafter “Bitpanda“) has entered into a partnership with Lydia Solutions in order to offer the Customer, via the Mobile Application, the services of Bitpanda and, where applicable, those of its subsidiaries (hereinafter the “Subsidiaries“), It should be noted that the services of Bitpanda and its Subsidiaries (hereinafter the “Services”) are governed by their own contractual conditions, which the Customer shall consult and accept before being able to access the Services (hereinafter the “Bitpanda Contractual Conditions“).

It should be noted that : 

  • Subscription to the trading service is optional and generates fees for which the Customer will be liable;
  • Bitpanda, its Subsidiaries and Lydia Solutions are distinct and independent companies (without any capital link), and act within the framework of the aforementioned partnership.

Once the Bitpanda Contractual Terms have been agreed upon by the Customer, the so-called “in-app” function provided by Lydia Solutions within the Mobile Application will directly connect the Customer to the Bitpanda System (as this term is described below), in order to allow the Customer to invest in a catalogue listing various digital assets deemed to be available on Lydia Solutions’ web interface or that of the Mobile Application. 

The Customer declares that they have been informed of the following points prior to subscribing to the trading service: 

  • Only Customers who are French tax residents, of legal age and capacity, with a telephone number starting with +33 and with a verified Account may access the trading service;
  • the Services are governed by the Bitpanda Contractual Conditions available at the following address: General Terms of Use of Bitpanda Services ;
  • The Services are accessible from the Mobile Application or, where applicable, the Bitpanda web interface (hereinafter “User Interface“), while transactions will be executed on the online platform operated by Bitpanda (https://www.bitpanda.com) or its mobile applications (each being deemed to be a “Bitpanda System“)

    However, temporary inconveniences may occur without constituting restrictions on the Services (e.g. maintenance work, updates or upgrades). Thus for any planned maintenance, update or upgrade that does not solely and temporarily limit the operation of the User Interface and/or the Bitpanda Systems will be notified to the Customer by Lydia Solutions within a reasonable time and through an appropriate communication channel (e.g. email), it being specified that the planned maintenance, update or upgrade will be performed as soon as possible and will not last longer than two weeks;
  • Unless otherwise indicated, the Services respectively offered by Bitpanda and its Subsidiaries are only accessible via the User Interface, and not directly via the Bitpanda Systems;

In order to access the Services offered by Bitpanda and/or its subsidiaries, the Customer must have an active Account open in the books of Lydia Solutions. The use of the Account and the contractual relationship between Lydia Solutions and the Customer is based on third party contractual commitments to the Bitpanda Contractual Conditions. 

In other words, acceptance of the Bitpanda Contractual Terms shall not be construed as a replacement of any existing or future contractual agreement entered into or to be entered into between the Customer and Lydia Solutions.

All transactions shall be carried out by the Customer themselves, holder of the trading account opened with Bitpanda (or one of its Subsidiaries) as part of a Plan. In this respect, the Customer must act in full awareness of the risks involved in investing their money. 

For more information on products, risks and potential returns, Customers can consult the following page: https://cdn.bitpanda.com/media/documents/securities/en-prospectus.pdf 

The minimum purchase or sale value of an asset is €1. Customers must invest a minimum of €1 to purchase a new asset or wait for the value of their investment to increase beyond €1 before selling it, if it is an asset that has already been bought.

In addition, the Customer acknowledges and agrees that : 

  • In order to make a firm and binding final offer to buy or sell, the Customer must (i) have correctly filled in all the necessary and required data on the User Interface, and (ii) click on the “Buy” or “Sell” button (hereinafter referred to as the “Final Offer“);
  • To purchase tokens, the Customer must make a Final Offer to purchase tokens by clicking on the “Buy” button (or any equivalent) on the User Interface. As such, the Customer makes a final purchase offer which is interpreted and qualified by Bitpanda as a firm and binding offer for the Customer to accept the delivery of tokens in return for the payment of a specified sum (hereinafter “Final Purchase Offer“); 
  • When submitting a Final Purchase Offer, the Customer instructs Lydia Solutions to make a payment to Bitpanda from the available balance on his Account up to the price to be paid during a CCOFA . If the Account balance is not sufficient, no Final Purchase Offer can be made;
  • They will be informed by Bitpanda in case of acceptance or refusal of any Final Offer. When accepted by Bitpanda, this acceptance will result in a credit to the Account.

In case of :

  • Termination of its Plan, 
  • Termination by Bitpanda of its contractual agreement concluded with the Client,

 the Customer will no longer be able to purchase new assets from termination. He must sell all the tokens in his possession as quickly as possible.

Failing this, Bitpanda or Lydia Solutions will credit the Account, within a reasonable time, the equivalent value of said tokens, in accordance with the prices displayed and offered in the Bitpanda Systems, in a legal tender currency (less the corresponding costs incurred if applicable).

Article 6: Fees

The commissions, fees, pricing and standard pricing principles applicable to these Sumeria Terms and Conditions are specified in the Pricing and Limits Annex.

All fees incurred by the Customer in subscribing to an offer are automatically debited from the Customer’s Account. If the balance of the Customer’s Account is insufficient for these fees to be debited, the Customer has a period of one month to top up their Account. Beyond this period, the Customer expressly accepts that Lydia can debit the amount due on the bank or payment card connected to the Mobile Application. Lydia Solutions can also terminate the Customer’s subscription to one of the offers.

Modification – Term – Termination

Article 7: Modification

Lydia Solutions reserves the right to modify these Sumeria Terms and Conditions at any time, Pricing and Limits Annex included. 

Any modification of these Sumeria Terms and Conditions will be provided to the Customer via email on Durable Medium and on the Lydia Solutions website at least two (2) months before the proposed modifications take effect. 

If the Customer refuses the proposed modification, they can terminate these Sumeria Terms and Conditions for free before the modifications take effect:

  • directly from the Mobile Application
  • via email to Customer service at contact@sumeria.eu
  • via letter sent to: Lydia Solutions, support client, 14 avenue de l’Opéra, 75001 Paris, France

No objection from the Customer before the proposed modifications take effect constitutes acceptance to these modifications by the Customer. 

However, any legislative or regulatory measure, such as any interpretation of a legal or regulatory rule by a competent authority, which could have the effect of modifying all or part of these Sumeria Terms and Conditions, will be immediately applicable upon coming into force.

Article 8: Term – Termination

1 – Term

These Sumeria Terms and Conditions have been agreed for an indefinite period. 

2 – Termination at the initiative of the Customer

The Customer may at any time and without cause terminate these Sumeria Terms and Conditions for free:

  • directly from the Mobile Application
  • via email to Customer service at contact@sumeria.eu
  • via letter sent to: Lydia Solutions, support client, 14 avenue de l’Opéra, 75001 Paris, France

All termination requests take effect immediately upon receipt by Lydia Solutions. 

From the effective date of termination, the Customer will benefit from the services associated with the subscribed Offer until the next renewal date of their annual or monthly Offer. 

From the renewal date, the Customer will no longer benefit from the products and services linked to the subscribed offer. The Customer will still enjoy the benefits of the Account, without the benefits of the Offers.

The lump sum corresponding to the monthly or annual subscription to the subscribed Offer is acquired by Lydia Solutions and cannot be refunded in any way. The Customer can still keep their Card that will work as the Card.

3 – Termination at the initiative of Lydia Solutions

Lydia Solutions may at any time and without cause, subject to compliance with a two (2) months notice:

  • terminate the Sumeria Terms and Conditions, which implies the closure of the Account and the termination of all additional services to the Account that may have been subscribed to by the Customer 
  • terminate one or several services provided by Lydia Solutions with the exception of the Account without thereby terminating the Sumeria Terms and Conditions (e.g., termination of Card services only) 

The Customer is to be informed of the termination of these Sumeria Terms and Conditions or of the termination of some of the services provided by notification sent via email on Durable Medium. The eventual credit balance is to be refunded to the Customer at the end of the two (2) months notice period via wire transfer on an account opened under the Customer’s name which information had previously been provided to Lydia Solutions by the Customer with the valid bank details. 

Lydia Solution is not required to observe any notice period in case of grossly reprehensible behaviour from the Customer (including insults or threats made by the Customer or their authorized representative towards a Lydia Solutions employee), or of any legal action taken against the latter, or in case of abnormal functioning of the account.

The fees regularly charged by Lydia Solutions for the subscription to the Offers are only payable by the Customer on a pro rata basis for the period due on the date of termination of these Sumeria Terms and Conditions. If paid in advance, these costs will be reimbursed on a pro rata basis by Lydia Solutions.

Right of withdrawal

Article 9: Withdrawal

In accordance with articles L. 222-7 and following of the French Consumer Code, the Customer has a right of withdrawal from this agreement without cause by sending back the withdrawal form attached to these T&Cs duly completed and signed:

  • via email at contact@sumeria.eu 
  • via letter sent to: Lydia Solutions, support client, 14 avenue de l’Opéra, 75001 Paris, France

The Customer expressly and unreservedly requires to be immediately provided with the services mentioned in these Sumeria Terms and Conditions and thus before the end of the withdrawal period, but without renouncing this right they are still due.

The right of withdrawal must be exercised within a period of fourteen (14) calendar days as of the effective date of these Sumeria Terms and Conditions, attested by the date of dispatch of the withdrawal email.

Should the Customer decide to withdraw before they have been provided the mentioned services, this agreement is terminated with no owed fee and/or cost. Should the Customer decide to withdraw from this agreement after they have been provided some services by Lydia Solutions, these Sumeria Terms and Conditions are terminated and: (i) Lydia Solutions will expeditiously refund the Customer and at the latest within thirty (30) days for all sums received in application of this contract, with the exception of sums related to the service effectively provided prior to withdrawal and (ii) the Customer will be asked to expeditiously refund Lydia Solutions and at the latest within thirty (30) days any amount received by the Customer from Lydia Solutions.

Complaint – Mediation

Article 10: Complaint

1 – Contacts

Regarding any eventual issue or complaint related to the account functioning or the use of provided services, the Customer can reach the department in charge of processing complaints:

  • via email at: contact@sumeria.eu
  • via letter at: Lydia Solutions. Complaints department. 14 Avenue de l’Opéra, 75001 Paris, France

As part of the processing of complaints, the Customer accepts to receive registered letters with electronic acknowledgement of receipt, as defined under article L.100 of the French Post and Electronic Communications Code. This mailing would be preceded by an email from the service provider responsible for sending the letter, allowing the Customer to refuse this means of communication under fifteen (15) days. 

2 – Complaints processing

Lydia Solutions undertakes to confirm receipt of the complaint under ten (10) working days and respond under 2 (two) months, save in exceptional cases.

In the event of a complaint relating to payment services, Lydia Solutions undertakes to respond to the customer within a maximum of fifteen (15) working days following receipt of the complaint. In exceptional situations, if a response cannot be given within fifteen (15) Business Days for reasons beyond Lydia Solutions’ control, Lydia Solutions undertakes to send the Customer a holding response clearly stating the additional time required to respond to the claim and specifying the final date on which the Customer will receive a definitive response. In any event, a definitive reply will be sent to the Customer no later than thirty-five (35) working days following receipt of the complaint.

As a last resort, the customer may refer the matter to the Mediator free of charge.

Article 11: Mediation

The Mediator is the last resort for an amicable settlement before taking legal action. Referring to a Mediator implies express authorization by the customer to waive professional secrecy with respect to Lydia Solutions regarding the communication of information needed for the mediation process. 

You can refer to the Mediator of the AFEPAME free of charge provided: 

  • either there is a disagreement with the response provided beforehand by the Lydia Solutions advisor and the Complaints Department 
  • or there has been no response to your complaint after a two (2) month period, or thirty five (35) working days for a complaint related to a payment service 

The AFEPAME Mediator can be referred to:

  • via email: contact@mediateur-consommation-afepame.fr
  • via letter: For the attention of the Consumption Mediator at the AFEPAME: c/o WEBHELP – Zac de Gray – Impasse Clément Ader 70100 Gray, France

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

Any dispute arising from an online sales or service contract may also be submitted electronically via the Online Dispute Resolution platform on this website:
https://ec.europa.eu/consumers/odr

WITHDRAWAL FORM

Offer

Only return if you wish to withdraw from subscribing to the Offer in the 14 calendar days following your acceptation at the latest:

This withdrawal is only applicable if sent before the expiry of the deadlines mentioned in Article 9 “Withdrawal” above, legibly and fully completed.

I, ……………………… born on ……………………… and living in ………………………… (city and postcode) hereby waive my right to subscribe to the …………….. Offer and all related services.

Date: ……………………………………….

Customer signature: ……………………………………