Essentials Terms and conditions Terms and Conditions of Lydia Plans 11-04-2023

Terms and Conditions of Lydia Plans – 11-04-2023

These were applicable from June 16, 2021 to April 11th, 2023 for new subscribers. Pre-existing subscribers were subject to these as of October 1, 2021. The previous version can be viewed at the following address: https://lydia-app.com/en/info/terms-lydia-premium-1-29042021.html.

Lydia Solutions (“Lydia”) is a simplified joint-stock company registered with the Paris Trade and Companies Register (RCS) under number 534 479 589 with share capital of €1,590,031 with registered address at 14 avenue de l’Opéra, 75001, Paris.

Lydia is registered with the Autorité de Contrôle Prudentiel et de Résolution (French Prudential Supervision and Resolution Authority [ACPR]), established at 4 Place de Budapest – 75436 Paris Cedex 09 under number 534 479 589 and mandated by the SFPMEI (“Banking Partner”) as a Payment Service Provider (“PSP agent”, as set forth in Articles L523-1 et seq. of the Monetary and Financial Code).

SFPMEI is an electronic money institution (establishment code 17448) whose registered office is at 15 rue Laborde, 75008 Paris, France, registered with the Paris Trade and Companies Register under number 890 111 776 and registered by the ACPR.

1. What is the purpose of the Lydia Plans T&Cs?

 These Terms and Conditions govern:

  • The conditions of membership and termination of services distributed by Lydia to Blue and Black plan subscribers (the “Plans”);
  • The use of the Plans functionalities, as detailed in “Why switch to the Plans?”

If these T&Cs are amended, the Consumer is notified two months before the entry into force of the new T&Cs Plans. The Consumer shall have until the entry into force of the new T&Cs to object to them in writing to the following addresses:

  • By mail: Lydia Solutions, 14 avenue de l’Opéra, 75001 Paris;
  • By e-mail: support.sumeria.eu.

2. Who can access Lydia Plans?

In order to subscribe to Lydia Plans, the Consumer must:

  • be a Consumer of Lydia, a limited offer to use Lydia free of charge, having therefore accepted the Terms and Conditions of Use of the Lydia Solution for Individuals and having one or more Lydia payment accounts (“Lydia Payment Account”);
  • have access to the Internet and a compatible device and installed the latest available version of the Lydia application (the “Application”);
  • provide an up-to-date, valid and accepted payment means (which the Consumer may change at any time);
  • have a valid local mobile phone number (see Lydia User Manual).

3. Why switch to Lydia Plans?

Lydia offers less restrictive limits to the services already available in “Lydia Free” and provides Consumers with access to new services, which are detailed on Lydia’s website.

The services described below may be subject to specific conditions detailed in the Pricing Appendices.

Lydia offers 2 Plans:

a)    Lydia Blue: who allows Customers to access to all the services distributed by Lydia:

  • Payment account
  • Shared account
  • Payment card, physical or virtual.

b)    Lydia Black: in addition to the services available under Lydia Blue, Lydia offers:

  • An insurance for your travel, your cars renting, fraudulent payment and even more;
  • An access to Lydia’s partners services (*);
  • The possibility to take appointment to be called back by Lydia customer care service.

Services may subject to additional fees; please consult the Pricing Appendix for more information.

The partners may change at any time, the Customer should regularly consult Lydia’s partners list.

4. How much does Lydia Plans cost?

The Subscription Tariffs are specified in the Pricing Appendices.

The Consumer can choose between two formulas:

  • Annual formula: Consumers are committed for 12 (twelve) months, day to day, from the date of subscription;
  • Monthly formula: doesn’t imply any time commitment for Lydia Blue. For Lydia Black, the subscription is annual, with monthly or annual billing.

Customer can choose between an annual or monthly billing for the monthly formula.

The Subscription is automatically renewed until the Consumer cancels his Subscription. Any period started is due in full (see When and how can I terminate my Subscription? > Termination by the Consumer).

Subscription fees are directly debited each month (or year) on the day before the calendar day of subscription. This day may vary if the Consumer’s Payment method could not be debited on the day in question or if the day in question does not appear in a given month.

By default, the Subscription is debited from the credit card linked to the Application.

The Consumer may, however, change the payment means to be debited (see Lydia User Manual), at the time of subscription or afterwards. If the Lydia Payment Account and the Consumer’s payment means do not have sufficient funds to collect the fees, the Consumer Subscription shall be suspended within three days of its anniversary date.

When the Consumer exceeds certain limits, he/she may continue to use the Application by paying additional fees (see Pricing Appendices).

The Consumer may view the list of the amounts charged by consulting his/her transaction history in the Lydia Application.

Some Customers may benefit from a temporary discount on their Subscription. These discounts are for a limited period (specified in the conditions of the relevant offer). After this period, the discount is no longer applicable and the Customer’s Subscription is automatically renewed. Thus, if he does not cancel his Subscription before the end of the discount, the Customer will be required to pay monthly Subscription fees, for Lydia Bleu, and annual for Lydia Noir.

5. When the Subscription ends ?

Withdrawal

The Consumer may exercise his right of withdrawal within 14 (fourteen) calendar days of subscribing to the Service, in accordance with Article L.227-7 of the French Consumer Code, by sending:

  • A letter to the following address: Support Lydia, 14 avenue de l’Opéra 75001 Paris; or 
  • An email to: support.sumeria.eu.

This retraction does not require any justification and is not subject to any fees. Withdrawal terminates the application of the present contract by operation of law.The commencement of performance does not deprive the Consumer of the right of withdrawal. The Consumer shall be required to pay the price corresponding to the use of the product for the period between the date of commencement of performance of these T&Cs and the date of withdrawal, to the exclusion of any other sum. The Consumer must withdraw by means of the form attached to the last page of these T&Cs.

Cancellation by the Consumer

The Consumer may terminate his subscription to the Service at any time by unsubscribing from the Plans:

  • via the Application in the Subscription menu until two day before the monthly or monthly billing date for monthly Subscription and 1 (one) month before the annual billing date for annual Subscription;
  • by sending a message to the e-mail address support.sumeria.eu, up to 7 (seven) business days before the monthly for monthly Subscription and 45 (forty-five) days before the annual billing date for annual Subscription.

In accordance with French consumption law, the Customer who subscribes to annual Subscriptions will be informed, in writing, of his Subscription renewal one month before the annual billing date.

Any period started is due in full. Thus, a Consumer who cancels his Subscription will not be reimbursed for the Subscription fees for the current period.

The Consumer who benefits from a free trial does not benefit from a right of withdrawal but remains free to cancel his Subscription at any time, free of charge.

Cancellation by Lydia

Lydia may terminate the Lydia Subscription of the Consumer by simple notification by email with 30 calendar days’ notice.

However, Lydia Solutions is exempt from respecting the notice period and may immediately terminate the Consumer’s Lydia Subscriptions in the event of seriously reprehensible behavior on the part of the Consumer (notably in the event of refusal to provide information, sending false or inaccurate documents or threats or insults against a Lydia Solutions employee) or failure to comply with one of the obligations arising from these Terms and Conditions of Use.

In this case, the termination of the Subscription will be effective immediately, and the amounts invoiced for the Subscription for the current month or year will not be refunded.

Effects

Withdrawal or cancellation will terminate the Consumer’s Subscription to Lydia from the date of receipt of the request.

The Consumer will continue to be bound to the performance of contractual payment obligations for the period up to the withdrawal.In the event of cancellation, the Consumer will continue to benefit from his Subscription until the end of the current period, which he has already paid for, except in the event of a breach of these terms or of the law in force, which will result in the immediate blocking of the Consumer’s Account.As of the termination or withdrawal, the Consumer will be subject to the payment thresholds applicable to Individual Consumers who have not subscribed to a Lydia Plan (see Pricing Appendices).

6. What to do in case of improper or non-authorized operation?

The Client who want to contest an operation shall consult the dedicated part into the Lydia Terms and Conditions for Consumers.

7. How to contact Lydia to make a claim?

In the event of a complaint, Consumers can send a letter to the following address:

  • Postal mail: Service Réclamation, 14 avenue de l’Opéra, 75001 Paris;
  • Email: support.sumeria.eu.

8. Security

Lydia Accounts safety features are detailed into the Lydia Terms and Conditions for Consumers.

If the Consumer has doubts about the legitimacy of a request for confidential and/or personal information, it is advisable to contact the support department at the e-mail address support.sumeria.eu.

9. Applicable law

These T&Cs are subject to French law. Only the French version of these T&Cs is authentic. In the event of a dispute, the Consumer is invited to attempt to seek an amicable solution with the SFPMEI Mediator, by mail, at the following address M. le Médiateur de l’Association des Sociétés Financières 24 avenue de la Grande Armée, 75854 PARIS CEDEX 17 or via the website http://lemediateur.asf-france.com/. 

In the absence of an amicable settlement, the French courts shall have jurisdiction.

As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including this agreement, affects your rights as a consumer to rely on such mandatory provisions of local law.

RETRACTATION 

In accordance with Article L.121-20-12 of the French Consumer Code, I benefit from a cooling-off period of 14 (fourteen) calendar days from the date of subscription without charge or reason. This retraction is only valid if it is sent, legibly and fully completed, before the expiry of the above-mentioned period, by post to the following address: 14 avenue de l’Opéra 75001 or to the following e-mail address: support.sumeria.eu.

In accordance with the contract concluded on (subscription date dd/mm/yyyy) ………………………………………….. with Lydia and its Partner.

Done on (date):

Signature: