Rules for the Lydia Bonus promotional offer
These Rules for the Lydia Bonus promotional offer (hereinafter referred as the “Lydia Bonus Rules” or “Rules”) are applicable from April, 2 2024, and from that date they cancel and replace all previous versions with the same purpose that were binding on the Parties.
The French version of these rules prevails over the English version.
Lydia Solutions, a French company (“société par actions simplifiée”) with share capital of €1,786,707, having its registered office at 14 avenue de l'Opéra, 75001 Paris (France), registered with the Trade and Companies Register of Paris under number 534 479 589, authorised and supervised by the ACPR as (i) an electronic money institution empowered to provide payment services, and (ii) a financing company (hereinafter "Lydia" or "Organiser"),
Organises a promotional offer entitled "Lydia Bonus" (hereinafter the "Lydia Bonus") aimed at customers who are holders of a payment card issued by Lydia (hereinafter the "Participant(s)").
The terms and conditions for participating in the Lydia Bonus are set out below in these Rules.
To reward their loyalty, Lydia offers, each month, to Participants who regularly spend with their payment the card(s) issued by Lydia and linked to a payment account opened in Lydia's books (hereinafter "Card(s)"), a commercial bonus (hereinafter the "Bonus"): a percentage of the balance of the various Payment Accounts opened by the Participant in Lydia's books of the various wallets of the payment account opened in Lydia's books by the Participant.
These Rules come into effect for an initial period of one (1) month, tacitly renewable for the same period, unless the Rules are terminated by the Participant or Lydia under the conditions described herein.
4. Terms and conditions of participation
Each Participant shall have a payment account opened in their name in Lydia's books and a Card before the end of the Lydia Bonus offer, until the Bonus is paid. The Lydia Bonus is reserved for French tax residents who have confirmed their tax residence with Lydia (by self-certification).
Participation in the Lydia Bonus is optional, with no obligation to commit to a specific time period, and free of charge. Participation in the Lydia Bonus implies acceptance of and compliance with all the terms of these Rules. In the event of non-compliance with any of the terms of these Rules, participation in the Lydia Bonus will be cancelled and Lydia may demand reimbursement of any Bonus wrongly received by the Participant.
Likewise, Lydia reserves the right to refuse any participation in the Lydia Bonus to any person with a current banking ban, having a dispute with Lydia and/or having carried out one or more fraudulent acts or being the subject of suspicions of fraud by Lydia.
A user is deemed to be a "Participant" in the Lydia Bonus offer:
- For users who already have a payment account opened in Lydia’s book at the time the Rules takes effect.
- For users who do not yet have a payment account opened in Lydia's books at the time the Rules takes effect, on the day a payment account is created.
At any time, a Participant may terminate their participation in the Lydia Bonus, without having to provide a reason, by using one of the following means:
- By logging in the Lydia Solutions’ application; or
- By contacting Lydia's customer service by e-mail at email@example.com or by post at the following address Lydia Solutions - customer service - 14 Avenue de l'Opéra - 75001 Paris - France
The Participant's withdrawal request will be processed by Lydia Solutions within a maximum of ten (10) working days upon reception of the request. The end date of participation in the Lydia Bonus taken into account by Lydia is the day on which the Participant's request is processed by Lydia.
In addition to the possibility of terminating participation to the Lydia Bonus at any time, the Participant has a withdrawal period of fourteen (14) calendar days starting from:
- the day after the first payment of the Bonus for users who already have a payment account with Lydia at the time the Rules takes effect; or
- from the day after the payment account is opened for users who do not yet have a payment account in Lydia's books at the time the Rules takes effect.
5. Terms and conditions for calculating the Bonus
5.1 Bonus calculation
The amount of the Bonus is calculated monthly, on the basis of daily transaction statements, as follows:
- A day is deemed "validated" if the Participant has made at least one eligible payment transaction (as per conditions provided in article 5.3 herein) with his/her Card on that day.
- To obtain the Bonus, the Participant must have accumulated at least three (3) separate validated days in a calendar month.
- The amount of the Bonus, for a given calendar month, is then calculated by taking into account the sum, capped at one hundred thousand euros (€100,000), of all the balances recorded at the end of the day (Paris time) on the validated days, of all wallets of the payment accounts opened in Lydia Solutions’ books of which the Participant is the holder, multiplied by the nominal rate of the Bonus.
- The amount of the Bonus calculated for a given calendar month must be greater than or equal to ten eurocents (€0.10) net.
The nominal rate of the Bonus is freely set by Lydia Solutions. This rate may be changed at any time without notice. The applicable rate for a given month will be available at any time on https://support.lydia-app.com/l/fr/article/ugsnsmepto-la-prime-bonus.
5.2 Payment of the Bonus
The Bonus is paid on a monthly basis during the following month by transfer to the Participant's main payment account opened in Lydia Solutions' books.
5.3 Eligible payment transactions
A payment transaction is considered "eligible" for the Lydia Bonus if it meets the following conditions:
- If the amount is greater than or equal to fifty euro cents (€0.50),
- If it was made with a Card of which the Participant is the holder, and if it was debited a payment account opened in Lydia Solutions' books of which the Participant is the holder.
The following are not considered eligible payment transactions:
- Payment transactions for prohibited activities, as defined in the List of prohibited activities when using Lydia Solutions’ services;
- Payment transactions for gambling and betting, including lottery tickets, casino chips, bets and off-track betting;
- Payment transactions carried out via a payment or investment service provider other than Lydia Solutions, its principals and commercial partners;
- Payment transactions consisting of, or for the purpose of, topping up bank, payment, Electronic Money and investment accounts;
- Transactions external to the Lydia Payment Account or Electronic Money Account and any other transactions that may give rise directly or indirectly to the generation of cash (also known as "quasi-cash");
- Payment transactions that are not completed, unsuccessful, refused, abandoned, stopped due to unforeseen circumstances and/or reimbursed by the beneficiary of the payment, and
- Payment transactions carried out in breach of the contractual documents governing Lydia's services mentioned on Lydia Solutions' website on the following page: General terms and conditions
Bonus received are taxed at the “Prélèvement Forfaitaire Unique” (PFU). The overall rate of the PFU is 30%, including :
- 12.8% of the income tax due in the year the Bonus is paid, deducted on account. Final taxation then takes place when the income tax return is filed. It remains possible for the Participant to opt for taxation on the progressive income tax scale when filing his annual income tax return.
Depending on his reference tax income, the Participant may apply to Lydia Solutions for a waiver of payment of the income tax instalment due (available in French only). This request takes the form of a sworn statement sent to customer service by email to firstname.lastname@example.org or by post to the following address: Lydia Solutions - customer service - 14 Avenue de l'Opéra - 75001 Paris - France, for consideration within the time limits set by law.
- 17.2% social security contributions.
Lydia Solutions invites Participants to contact the relevant tax authorities if they have any questions.
7. Processing of personal data
8. Changes to the Rules initiated by Lydia Solutions
The Organiser reserves the right to modify or terminate the Lydia Bonus at any time, including before the expiry of the initial term defined in article 3 hereof, if it appears that fraud or attempted fraud, in any form whatsoever, whether proven or suspected, has occurred.
At the end of the initial period and subject to the Lydia Bonus being extended, the Organiser reserves the right to modify the terms of these Rules at any time, in particular to take into account any regulatory changes, without being liable in any way whatsoever for doing so, and Participants may under no circumstances claim any right to compensation whatsoever.
Each modification will be announced on the Lydia Solutions website at the location dedicated to these Rules, together with a notice of the modified Rules. All cases not provided for in these Rules shall be the sole responsibility of the Organiser.
9. Complaints and disputes
Before taking any legal action against the Organiser, Participants undertake to try to settle the dispute amicably.
As a first resort :
- the Participant can contact Lydia Solutions' customer service directly to report a complaint by e-mail at email@example.com or directly from his/her personal space on the Lydia application.
- If the Participant has not received a satisfactory response to his/her complaint, he/she can also contact the customer complaints department by post: Lydia Solutions - Service Réclamations Clients - 14 Avenue de l'Opéra - 75001 Paris - France.
Except in exceptional cases :
- Within ten (10) working days of Lydia Solutions receiving the Participant’s complaint, the Participant will receive confirmation that it has been dealt with: and
- the Participant will receive a definitive response to the aforementioned complaint within a maximum of two (2) months.
As a last resort
The mediator is the last resort before taking legal action.
The Participant may contact AFEPAME's consumer mediator free of charge and in writing, provided :
- he/she disagree with the response provided by Lydia Solutions customer support or the customer complaints department;
- If he/she has not received a response to his/her complaint within two (2) months.
Referral to a mediator constitutes express authorisation by the Participant to waive professional secrecy vis-à-vis Lydia Solutions with regard to the communication of information necessary for the mediation.
The AFEPAME mediator can be contacted by :
- by post: à l'attention du Médiateur de la Consommation de AFEPAME: c/o WEBHELP - Zac de Gray - Impasse Clément Ader 70100 Gray - France
- e-mail : firstname.lastname@example.org
Disputes may also be submitted electronically via the Online Dispute Resolution (ODR) platform available at the following address: https://webgate.ec.europa.eu/odr/
The Organiser may not be held liable if, in the event of an event constituting a case of force majeure as defined by article 1218 of the French Civil Code and as interpreted by the case law of the Cour de cassation, the Lydia Bonus offer were to be modified, suspended, shortened, terminated or cancelled.
By participating in the Lydia Bonus, Participants accept and undertake to bear alone all damages, losses, charges or fees caused or incurred as a result of their participation in the Lydia Bonus, unless otherwise provided by public policy.
11. Language and availability of the Lydia Bonus Rules
These Rules are written in French. The French version of these rules prevails over the English version. The French version of the Rules is available free of charge on the Lydia Solutions’ mobile application and on the Lydia Solutions’ website at the following address: https://www.lydia-app.com/reglement-de-loffre-promotionnelle-prime-lydia/.
For the duration of the promotional offer, the Rules will remain available on Lydia's website and an electronic copy may also be sent free of charge by e-mail upon request to Lydia Solutions customer service.
12. Applicable law and jurisdiction
These Rules are governed by French law.
In the event of any dispute that cannot be resolved amicably, the French courts shall have jurisdiction, unless otherwise provided by public policy.