Lydia payment account agreement - 02-04-2024

"BIC" ("Bank Identifier Code") means an international code of eight (8) or eleven (11) digits. (11) alphanumeric characters assigned by the Office for International Standardisation (ISO) and used to identify a financial institution such as Lydia. 

"Lydia Card" means the Visa international payment card with systematic authorisation that may be issued by Lydia to the Customer in respect of the Additional Services. 

"Personalised Security Data" means any personalised data provided by Lydia to the Customer for Authentication purposes (e.g., username, password, PIN). 

"EEA" means the European Economic Area consisting of all EU Member States, Iceland, Norway and Liechtenstein. 

"SEPA area" means the Member States of the EEA, Switzerland, San Marino and Monaco. 

"IBAN" ("International Bank Account Number") means the identifier used to uniquely identify a payment account. 

"SEPA Direct Debit" means a one-off or recurring payment transaction, denominated in euros, between a creditor, who initiates the transaction, and a debtor (the Customer), whose accounts may be located in France or in any country in the SEPA area. 

"Payment initiation service provider" means an institution authorised to provide a payment initiation service, i.e. a payment service consisting in initiating a payment order at the Customer's request from the Customer's Lydia Account. 

"Account Information Service Provider" means a third party provider authorised to provide an account information service, namely a payment service consisting of the provision of consolidated information concerning one or more payment accounts held by the Customer, either with one payment service provider or with more than one payment service provider including Lydia. 

"Additional Services" means the payment services additional to the basic services attached to the Lydia Account and which the Customer may benefit from depending on the nature of the services provided to him by Lydia. 

The Lydia Payment Account Agreement governs the conditions for opening, operating and closing a payment account, opened in the books of Lydia and the terms and conditions for the provision of the payment services attached to it. The Lydia Payment Account Agreement is concluded between Lydia and the Customer, a physical person not acting for business purposes. The payment account is intended to record the Customer's transactions relating solely to his private life, to the exclusion of all professional transactions. 

The Payment Account Agreement is an integral part of the Agreement as defined in the Relationship Agreement. As such, all of the stipulations and definitions of the Relationship Agreement and of the Fees and Limits Appendix apply. Unless otherwise stated, capitalised terms not defined in the Lydia Payment Account Agreement refer to the terms defined in the Entry into Relationship Agreement. 

Unless otherwise stated, all provisions referring to the Customer may, where appropriate, be understood as referring to the User. 

The Lydia Account is a payment account within the meaning of Article L. 314-1 of the French Monetary and Financial Code, denominated in euros and without overdraft facility. 

The Lydia Account is an individual account, Lydia does not allow the opening of joint accounts. However, the Customer may give power of attorney to Participants to act on a Lydia Shared Account for which he is the Customer. 

The nature and terms of provision of services linked to the Lydia Account are likely to vary depending on the contractual relationship established between the Customer and Lydia. The "Lydia Payment Account Agreement" thus defines (i) basic services attached to the Lydia Account and provided to all Customers and (ii) additional Services, the provision of which depends on the nature of the services provided to the Customer by Lydia . The Additional Services concerned are defined in the “Additional Services” section of the “Lydia Payment Account Agreement”.

The balance of the Lydia Account must always be in credit and the Customer must ensure that the balance of his Lydia Account is sufficient before executing any payment transaction. 

In the event that the balance on the Lydia Account is insufficient to execute a payment transaction, the said transaction will be, in whole or in part, rejected by Lydia. Charges, as detailed in the Fees and Limits Appendix, may be applied. If the situation is not remedied within a reasonable period of time, the Customer expressly accepts that Lydia will debit the payment instrument registered in the Lydia application with the amount necessary to ensure that the balance is no longer in debit. 

No cheque service will be provided to the Customer insofar as the Lydia Account does not allow for the issuance or cashing of cheques. 

The Lydia Account and its associated services are accessible online from the Lydia Application. 

The following transactions can be credited to the Lydia Account: 

Depending on the additional Services provided by Lydia, the Lydia Account also allows the following operations: 

A unique identifier is associated with the Customer's Lydia Account. This identifier is indicated on the Customer's Lydia Account RIB and consists of (i) the IBAN and (ii) the BIC. Depending on the payment transactions carried out, the Customer will have to communicate his IBAN and/or BIC. 

The RIB of the Customer's Lydia Account is accessible from the Lydia App. 

The Customer's Lydia Account statements are issued monthly and made available to the Customer on a durable support from the Lydia Application or by request to customer service. 

At any time during the contractual relationship and at the Customer's request, account statements may be sent to the Customer free of charge on paper. 

The Customer will also receive, during the month of January of each year, along with his account statement, an annual statement of fees on a durable support from the Lydia Application or by request to customer service. This statement of charges will list all the charges levied for the management of the Lydia Account for the previous calendar year: annual account management fee, card fee, subscription to a service package, transfers, withdrawals, stop payments, etc. 

It is recommended that the Customer keep account statements and summaries of charges for a minimum of five (5) years. 

The provisions of this chapter shall apply to payment transactions effected within the EEA, in euro or in the currency of an EEA Member State, and where both payment service providers are located within the EEA, subject to special provisions. 

They shall also apply to payment transactions in a currency other than that of an EEA Member State where both payment service providers are located within the EEA, subject to special provisions. 

Finally, they shall apply, exclusively in respect of those parts of the transaction executed in the EEA and subject to special provisions, to payment transactions in any currency and where only one of the payment service providers is located in the EEA. 

For the execution of a payment transaction, the Customer must give his consent, which is given according to the channel used: 

A series of payment transactions is authorised if the Customer has given his consent to the execution of the series of transactions, in particular in the form of a direct debit mandate. 

In the absence of consent, the payment transaction or series of transactions shall be deemed to be unauthorised. 

Unless otherwise stipulated below, the Customer may not revoke a payment order: 

Once it has been received by Lydia ; 

The Customer may nevertheless revoke a payment order under the following conditions: 

In accordance with applicable regulations, Lydia applies Strong Customer Authentication measures when the Customer: 

Lydia has the right to waive the obligation to apply Strong Authentication measures in cases expressly covered by the applicable regulations and in particular the technical regulatory standards concerning authentication and communication. 

The period within which Lydia shall execute a payment order shall run from the time of receipt of the payment order in the manner and according to the means of communication provided for herein. 

It is agreed between the Customer and Lydia that the time of receipt shall be, inter alia, the Business Day on which all information necessary for the execution of the payment order has been received by Lydia. 

Where the Customer and Lydia agree that the execution of the payment order will commence on a particular day or at the end of a specified period or on the day on which the payer has made the funds available to Lydia, the time of receipt shall be deemed to be the agreed day (subject again to all necessary information having been transmitted). 

If the time of receipt is not a Business Day, the payment order shall be deemed to have been received on the next Business Day. 

Cut-off times for the acceptance of payment orders may apply depending on the payment transaction concerned. 

Lydia may refuse to execute a payment order given by the Customer. In this case, Lydia will notify the Customer of its refusal by any means and at the latest by the end of the first Business Day following the moment of receipt of the payment order. The notification shall be accompanied, if possible, by the reasons for the refusal, unless prohibited by another relevant provision of EU or national law. Where the refusal is justified by a material error, Lydia will, if possible, inform the Customer of the procedure to be followed to correct such error. 

In the event that the refusal is objectively justified, Lydia may charge a fee for sending the aforementioned refusal notification. 

A rejected payment order shall be deemed not to have been received. 

Lydia does not charge any fees on the total amount transferred in connection with the execution of a payment transaction when it is made in euro or in the currency of an EEA State member and that both payment service providers are located within the EEA. 

In case of receipt of a payment transaction in any currency, Lydia nevertheless reserves the right to deduct any fees due to it directly from the total amount received. In this case, the total amount of the payment transaction and the charges are separated on the Customer's account statement. 

Lydia informs the Customer that, when executing a payment transaction in a currency other than that of an EEA Member State or, regardless of the currency in which the transaction is executed, where one of the payment service providers is located outside the EEA, intermediaries may have levied charges prior to Lydia receiving the funds. 

In the case of a payment made with a Lydia Card, the applicable exchange rate is the one applied by Visa, Lydia's partner, on the date the relevant transaction is processed by the Visa payment network, and not the one in force on the date the payment is authorised. 

Payment transactions follow the provisions presented below except in the case of contrary provisions as defined in the Card Agreement.

For the following payment transactions: 

The account of the payment service provider of the beneficiary of the payment transaction shall be credited at the latest by the end of the first Business Day following the moment of receipt of the order by Lydia. 

For all other payment transactions, the account of the payee's payment service provider shall be credited with the amount of the transaction by the end of the fourth (4) Business Day following the moment of receipt of the order. However, this rule does not apply to payment transactions in a currency other than that of an EEA Member State where both payment service providers are located in the EEA. 

Lydia will make the amount of the payment transaction of which the Customer is the beneficiary available to him immediately after his own account has been credited where it does not require conversion or where there is conversion between the euro and the currency of an EEA Member State or between the currencies of two EEA Member States. 

The value date of a payment transaction is the date on which the transaction is recorded on the Lydia Account at the time of execution. 

If, upon receipt of his account statement, the Customer becomes aware of a payment transaction that he has not authorised or an error in the processing of a payment transaction, he must notify Lydia without delay. This notification must be made to Lydia in the following manner: 

No dispute shall be admitted after a period of thirteen (13) months from the debiting of the payment transaction to the Customer's Lydia Account or from the date on which the payment transaction should have been executed, under penalty of foreclosure. 

These principles shall apply regardless of the involvement of a Payment Initiation Service Provider in the payment transaction. 

Lydia shall not be liable in case of force majeure or where Lydia is bound by other legal or regulatory obligations of the European Union or France. 

Lydia is liable for the improper execution of payment transactions from/to the Customer's account. However, this liability shall not apply if Lydia is able to prove : 

Nor shall Lydia be liable if, as a result of the Customer's communication of non-existent or erroneous bank details, a payment transaction could not be executed or was executed in favour of a person other than the beneficiary desired by the Customer, as Lydia is not obliged to verify that the account to be received is actually held by the beneficiary designated by the Customer. In the event of a transaction not being executed correctly due to the Customer providing incorrect contact details: 

If Lydia is responsible for the non-execution or improper execution of a payment transaction, Lydia shall reimburse the Customer for the costs that it will have incurred as a result of the non-execution or improper execution of the transaction of payment by Lydia and, unless otherwise instructed by the Customer and provided that the transaction concerned has been reported without delay by the Customer, and at the latest within the thirteen (13) month period mentioned above under penalty of foreclosure, Lydia, as appropriate:

Whether or not Lydia is responsible for it, Lydia shall use its best efforts to trace the non-executed or incorrectly executed transactions and shall notify the Customer of the result of its investigations. 

Under legal and regulatory provisions, Lydia may be required to perform verifications, including the implementation of Strong Authentication measures, or to request authorisations before executing a payment transaction. In this case, Lydia shall not be liable for any delay or non execution of such payment transaction. 

All of the above provisions shall also apply in the event that the payment transaction was not executed or was executed incorrectly due to a Payment Initiation Service Provider. 

In the event that the Customer disputes that he has authorised a payment transaction, it is Lydia's responsibility to prove by any means that the transaction has been authenticated, duly recorded and accounted for and that it has not been affected by a technical or other deficiency. 

In the event that the transaction has been initiated through a Payment Initiation Service Provider at the Customer's request, the Payment Initiation Service Provider shall bear the burden of proving that the payment order has been received by Lydia and that, as far as it is concerned, the payment transaction was authenticated and duly recorded and correctly executed, that it was not 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. 

In the event of an unauthorised payment transaction reported by the Customer without delay, and at the latest within the thirteen (13) month period referred to above under penalty of foreclosure, Lydia will (i) reimburse the Customer for the amount of the unauthorised transaction immediately upon becoming aware of or being informed of the transaction and, in any event, no later than the end of the next Business Day and (ii) restore the Lydia Account to the state it would have been in if the payment transaction had not been executed, unless Lydia has good reason to suspect fraud by the Customer. In the latter case, Lydia will inform the Banque de France. 

All of the above provisions shall also apply in the event that the unauthorised payment transaction was initiated via a Payment Initiation Service Provider. 

In the event of unauthorised payment transactions made with a payment instrument with Personalised Security Data that has been lost or stolen, the Customer will bear the losses incurred before making the notification for blocking the payment instrument up to fifty (50) euros. 

The Customer shall not be liable if the unauthorised payment transaction was carried out without using the personalised Security Data or by misappropriating the payment instrument or the data linked to it (e.g. the Lydia Card number) without the Customer's knowledge. The Customer shall also not be liable in case of loss or theft of the payment instrument which cannot be detected by the Customer prior to payment, loss due to acts or omissions of an employee, agent of Lydia or an entity to which its activities have been outsourced, or where the payment instrument has been counterfeited and, in the latter case, the payment instrument issued by Lydia is still in its possession 

In all cases, unauthorised payment transactions are not refunded if the Customer:

After having informed Lydia for the purpose of blocking the payment instrument, the Customer shall not bear any financial consequences resulting from the use of this payment instrument or from the misuse of the data linked to it, unless he has acted fraudulently. 

3. Special case of payment transactions where the amount is not known in advance 

If the payment transaction, ordered by the payee or by the Customer who gives his payment order through the payee, does not initially indicate the exact amount for which it is initiated, and if the final amount appears unusual and/or excessive with regard to the nature and amount of the Customer's past expenses, the latter has a period of eight (8) weeks from the date on which the funds were debited to the Customer's Lydia Account to request reimbursement of the payment transaction. 

The Customer must provide Lydia with any factual information, such as the circumstances under which he/she authorised the payment transaction, as well as the reasons why he/she was not able to anticipate the amount of the payment transaction that was debited from his/her account. In the event that the amount of the payment transaction exceeds the amount that the Customer could reasonably expect, the Customer may not invoke reasons related to an exchange transaction if the exchange rate agreed with Lydia was applied. 

Within ten (10) Business Days of receipt of the refund request, Lydia will either refund the full amount of the payment transaction or justify to the Customer its refusal to refund. 

In case of a SEPA direct debit, the Customer is entitled to an unconditional refund within the above-mentioned time limits. 

The payment instruments issued by Lydia must be kept with care by the Customer. 

Upon receipt of a payment instrument, the Customer shall take all reasonable steps to safeguard the use of its Personalised Security Data. These obligations apply in particular to cards, PIN codes and any security procedure for payment orders agreed between the Customer and Lydia. The Customer shall use the payment instruments issued to him by Lydia in accordance with the conditions governing their issue and use. 

Any disclosure of Personalised Security Data to a third party shall constitute gross negligence on the part of the Customer. 

As an exception to the above and subject to the contractual terms and conditions between the Customer and Lydia, the Customer is authorised to disclose Personalised Security Data relating to his Lydia Account and, where applicable, any other payment service or instrument, to a Participant duly designated by the Customer and approved by Lydia. 

In the event of loss, theft, misappropriation or unauthorised use of the payment instrument or related data, the Customer must inform Lydia without delay, in order to block the payment instrument. This notification must be made to Lydia in the following manner:

- Within the Lydia Application in the Lydia Card tab ("Destroy this card"); 

- On + 33 (0)1 82 88 11 69 (toll-free); 

- By contacting the Lydia support department by e-mail at support@lydia-app.com. 

In the event of notification of the loss, theft or misappropriation of a payment instrument, the Customer may subsequently obtain from Lydia, upon request and within eighteen (18) months of the date of the notification, the elements enabling him to prove that he has indeed made this notification. 

When the Customer makes a payment transaction face-to-face or remotely, he must ensure the identity of the recipient and check the amount of the transaction. Similarly, in the case of remote payment, on the Internet for example, the Customer must be vigilant in ensuring that the payment platform used by the seller is secure.

Lydia reserves the right to block a payment instrument for objectively justified reasons relating to the security of the payment instrument, the suspicion of unauthorised or fraudulent use of the payment instrument or the significantly increased risk that the Customer will be unable to fulfill his payment obligation. 

In such cases, Lydia will inform the Customer of the blocking of the payment instrument and the reasons for such blocking by any means and in any case in a secure manner, which the Customer already accepts, unless giving such information is not feasible for objectively justified security reasons or is prohibited under other relevant EU or national legislation. 

The Customer may give payment orders by transfer in euro from his Lydia Account to a payment account opened in the books of another SEPA payment service provider. 

The Customer may only make SEPA credit transfers in euro within the SEPA area. Other transfers, i.e. (i) transfers in a currency other than euro and/or (ii) transfers in euro outside the SEPA area are not allowed. 

Transfer orders must be initiated from the Lydia Application by indicating (i) the beneficiary's account details, (ii) the amount of the transfer, (iii) the execution date, (iv) the frequency and (v) the reason. 

The time of receipt by Lydia of a transfer order is :

A SEPA Direct Debit is a one-off or recurring payment transaction, denominated in euros, between a creditor, who initiates the transaction, and a debtor (the Customer), whose accounts may be located in France or in any country in the SEPA area. To this end, the creditor shall send the Customer a form known as a "SEPA direct debit mandate" containing, in particular, his creditor identifier. 

The "SEPA Direct Debit Mandate" is a dual mandate by which the Customer: 

The mandate is identified by a unique reference provided by the creditor. The authorisation to debit will therefore only be valid for the mandate in question. 

The Customer must complete the mandate, sign it and return it to the creditor. The creditor is responsible for verifying the data in the mandate and transmitting it to Lydia for payment. 

The Customer may revoke his SEPA direct debit mandate at any time from the “Direct debit mandate” menu in the Lydia application, by clicking on “Delete the mandate” after having selected the mandate in question or oppose one or more payments to Lydia.

In this case, the revocation is valid for all direct debits given from the mandate identified by the debtor. 

The revocation of a mandate is defined as the withdrawal of the consent given to the creditor to initiate all direct debits relating to the mandate. 

Such revocation must be notified in writing to the creditor concerned and may also be brought to the attention of Lydia. All direct debits which occur after the day on which Lydia is informed of the revocation will be rejected. 

The Customer may terminate a direct debit mandate at any time from the "Direct Debit" menu by clicking on "Delete mandate" after selecting the mandate in question.

The opposition to a direct debit is a preventive measure by which the Customer refuses (e.g. in case of disagreement between the Customer and his creditor) the payment of one or more specific direct debits, not yet debited from his Lydia Account. 

This objection must be made at the latest on the Business Day preceding the day on which the transaction is to be executed. 

The Customer may request a refund of an unauthorised SEPA Direct Debit within eight (8) weeks of the date on which the funds were debited. The refund shall correspond to the full amount of the payment transaction executed. 

The Customer may request a refund of an unauthorised SEPA Direct Debit within thirteen (13) months from the date on which the funds were debited. The refund shall correspond to the full amount of the payment transaction executed.

The Customer may freely use a Payment Initiation Service Provider or an Account Information Service Provider. However, Lydia invites the Customer to ensure that such providers comply with all applicable regulations and Lydia shall not be liable, except as provided herein and under applicable regulations, for any failure or breach by the Payment Initiation Service Provider or Account Information Service Provider of its obligations. 

In any case, Lydia reserves the right to deny a Payment Service Provider providing an account information service or a payment initiation service access to the Customer's Lydia Account on the basis of objectively justified or documented reasons related to unauthorised or fraudulent access to Lydia Accounts by such providers, including unauthorised or fraudulent initiation of a payment transaction. 

In this case, Lydia will inform the Customer, by any means and in any event in a secure manner, of the refusal of access to the Customer's Lydia Account and the reasons for such refusal. This information will, if possible, be given to the Customer before access is denied and, at the latest, immediately after such denial, unless the provision of such information is not practicable for objectively justified security reasons, or is prohibited under another relevant provision of EU or national law. 

Depending on the services offered by Lydia, the Customer and/or the Participant may benefit from a Lydia Card under the conditions set out in the Card Agreement.

Customers with a payment account may apply for a "Petit Prêt Express" subject to their eligibility, and in accordance with the "Coup de pouce" General Terms and Conditions.

The Customer will be able to benefit, when subscribing to this loan, from the instant transfer option, up to the applicable limits.

In connection with the implementation of the qualified signature identification measures, the Customer agrees to provide accurate identification data. The Customer acknowledges that in case of transmission of incorrect data, Lydia reserves the right to reject the identity verification. In case of a change in the data used to identify the Customer, Lydia reserves the right to initiate a new qualified signature procedure.