GENERAL TERMS AND CONDITIONS
BNP Paribas Personal Finance - SA with capital of 453 225 976 EUR
RCS PARIS B 542 097 902. Registered office: 1 bvd Haussmann - 75009 PARIS
Article 1 - object
The present General Conditions are intended to define the conditions in which the merchant is authorised, under the convention for approval (hereinafter referred to as the 'Convention'), to:
-accept payments through an Aurora card or any other means of payment issued by the institution,
- and/or collect information and documents necessary for the establishment of credit contracts short term, establish and pass credit contracts short term;
- or offer any other facility of payment to its customers.
with a clientele of individuals for the purpose of their activity private in the French territory France (including Corsica).
The merchant can exerciser its activity in "face to face" within a Point of sale or remotely (sale by Internet, by telephone or classic VPC, via the exchange of purchase orders 'paper').
The merchant cannot assign or transfer its rights under the Convention without the permission of the establishment.
The Convention excludes any relationship of subordination between the institution and the merchant. Accordingly, each party acting independently from the other.
Article 2 - Scope of the trader
Approved trader allows only physical operations provided for in these General Conditions and the Special Conditions, excluding all others. The merchant can occur for the transactions of credit as acting on behalf of the institution. The establishment remains sole judge of its decisions in relation to the granting of loans, their financial conditions, such conditions and guarantees attached to loans and their allocation.
Generally the trader agrees not to perform any legal act on behalf of the institution.
The Convention commits the institution to a any exclusivity towards the trader does not confer or give right to obtaina any turnover for the latter.
Credit (hereinafter the "products") offers to its customers by the merchant and the legal and operational conditions in which it must intervene are included in the Special Conditions.
Section 3 - Legal and regulatory framework
3.1. In addition to the provisions of common law likely to receive application, merchant is involved in the legal and regulatory framework existing or coming of the monetary and financial code, on the understanding that it is not here intermediate operations of Bank and payment services within the meaning of the Code.
3.2. The merchant is involved also in the legal and regulatory framework existing and/or future of the consumer code (titles I, II and III of Book III of the Code of consumption), on the understanding that it is not here middle of credit within the meaning of the Code.
In cases where the merchant offers products for sale at distance, hereinafter referred to as 'VAD', he undertakes to comply with the legislation and regulations in force and in particular those on the distance selling of financial products remotely.
Article 4 - Obligations ofTrader
4.1. The merchant undertakes to inform the establishment of any changes in the information provided in the application for approval, including its name, address, N ° of RCS, legal representative...
It also undertakes to inform the establishment of termination of activity, reorganization or liquidation.
The merchant undertakes not to change the reported activity at the institution at the time of its approval, without informing the establishment, who will have the possibility to terminate the present agreement
especially if the new activity is likely to damage his image, or using generating sales methods of financial risks.
4.2. The good end of credits granted by the dependent institution, in particular, the proper functioning of the property of the credit or the good performance of the financed object, the trader will satisfy any request from a client wishing to take advantage of all services corresponding to after sales service usually provided for purchases made from the dealer, whatever also delays the warranty or the warranty of the manufacturer or supplier.
4.3. When the merchant is engaged in 'face to face', shall not enteron the application computer, any application for which the borrower would be himself or a member of his family if a trader natural person, or the officer of the company or a member of the family of the latter, if it is a corporate trader. If it is a credit agreement to destination of an employee of the merchant, it undertakes to indicate a specific CSP code on its claims. In this case, a specific study will be conducted by the institution.
4.4. The trader said propose the products and accept payment by card dawn exclusively for the payment of its credit sales of goods or services in accordance with commercial activity reported to the establishment at the time of its application for registration according to the indications contained in the official documents describing his professional activity (in the trade register, to the directory of trades or trades associations governing activities at title liberal).
Article 5 - liability
5.1. Responsibility of the institution
The establishment provides, in its capacity as lender, the risk of insolvency of the borrowers on credit arrangements established in accordance with theThis mandate and, subject however to the application of section 5.2 below.
5-2. Liability of the merchant
Merchant is liable as a result of a breach of any of its obligations.
If the institution could obtain, in whole or in part, repay its credits as a result of a fault or negligence of the trader, it undertakes to settle at first request to the institution the amount of unpaid invoices to its customers in capital, plus charges, costs and penalties owed by the customer in respect of unpaid invoices.
The merchant will make his personal business insurance policies related to its activity or those of its employees, including civil liability; It undertakes to justify at any time of its situation with regard to this obligation.
5 3. The merchant and the establishment expressly agree that all claims that arise from the execution of their business collaboration or of all other agreements between them are related and indivisible, of such kinds as they compensate each other, whereas the legal requirements for compensation are not met.
Article 6 - Secrecy - privacy
6.1. Banking secrecy
The merchant acknowledges that certain information that will be transmitted to him or to which he may have access in the context of the Convention are covered by bank secrecy applicable to the institution; they are considered strictly confidential pursuant to article L.511 - 33 of the monetary and financial and this code, without limit of time.
As a result, the trader agrees not to store, transmit, reproduce or exploit, for its own account or on behalf of third parties, in any form whatsoever, the information covered by banking secrecy and entrusted by the establishment within the framework of the present.
Information relating to funding (agreement or refusal) are sent by the institution to the merchant for the strict needs of the present. The merchant undertakes accordingly do not pass them on to a third party and use them under the conditions provided for herein and for the requirements of the Convention. Bank secrecy covers, inter alia, the fact that a client has requested or obtained or a credit at the institution.
6.2. Confidentiality
Each of the parties undertakes to treat confidentially and not to communicate with both documents, facts, methods, procedures, processes
and any subcontractors, who would have to know, as well as to get them written their undertaking to respect confidentiality.
Each party therefore assumes full responsibility for any not expressly authorized disclosure and responds to the other party of any breach committed by these people, even if they have left the company of the connecting part.
Each party acknowledges that any breach of the confidentiality obligations would seriously harm the interests of the other party which reserves the right to take any action to both civil and criminal.
Article 7 – Personal data
7.1. Under the Convention, is considered "Personal data", any information relating to an identified or identifiable natural person; shall be deemed identifiable persons who can identified, directly or indirectly, by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.
7.2. Each party undertakes to perform its obligations under the Convention in accordance with the legal or regulatory provisions that are applicable to the title of the Actn ° 78-17 of January 6, 1978 relative to computers, files and such freedoms as amended August 6, 2004.
On the other hand, the trader guarantees as well as the personal data collected in accordance with the specifications of this text, including persons which he collected the personal data have been and are informed that they have a right of access, rectification and opposition.
7.3. It is expressly stipulated between the parties, that the institution remains responsible for the processing of data staff customers and prospects having a credit via the merchant application.
Moreover, the merchant is responsible for the processing of the personal data of the customers in its activity of sale of property or service delivery.
7.4. The mandate may need to transmit confidential information involving personal data.
The establishment reminds the trader that it is subject in its activities to professional secrecy, in accordance with article 6.1 of these General Conditions.
Therefore, the merchant undertakes, in addition to the obligations of confidentiality defined in article 6 of the General Conditions to be in place withinhis organization all necessary safety measures to preserve the integrity of the personal data and privacy, including in respect of professional secrecy to which the institution is subject.
7.5. The merchant undertakes not to transfer such personal data outside the European Union for any reason whatsoever, including subcontracting, backup or archiving, unless express prior consent of the establishment.
Section 8. Customer
As a lender, the establishment will be owner of all information about customers and prospects who made a request of credit via the merchant and will be able to use these information to broadcast all products and/or services falling within his activity or any other activity.
As a result, the trader agrees not to directly or indirectly use such information and/or put at the disposal of a third party, to provide, market or promote products or competing services from those of the establishment.
Article 9 - duration - termination
9.1. Duration
The agreement is concluded for an indefinite period subject tothe study by the institution of the application for registration of the trader. The approval of the trader by the institution will materialise by the assignment of a registration number. The Convention will take effect upon receipt thereof by the merchant number.
9.2. Case of termination
The agreement may be terminated by either party on three (3) months notice by registered letter with acknowledgement of receipt.
The breach by one of the parties of one any of its obligations as that defined in the Convention result the termination of the Convention upon the expiration of a period of 15 days after the mailing by the other party of a formal notice by registered letter with acknowledgement of receipt, unsuccessful.
Such termination shall not affect the allocation to the injured party, by court decision, for damages and interest due at the rate of non-performance by the other party of its obligations.
It is also be cancelled ipso jure and without notice in the event of breach of the confidentiality obligations specified in article 6 above.
Each Party shall have the option to terminate the agreement in case of assignment or transmission of the business for any reason whatsoever: layout managers, transfer to a corporation by way of contribution,merger, Division, absorption, partial transfer of assets, taken control within the meaning of article L.233 - 3 of the commercial code of one of the parties by a third party without the approval of the other party.
9.3. Collateral operations
Termination of herein, for any reason whatsoever, the merchant will continue to ensure the establishment of the consequences of the obligations it had assumed prior to the termination of the present.
Furthermore, this termination will not terminate current credit operations will be prosecuted by the establishment under the conditions and in the manner provided in the contracts with borrowers.
When the merchant is engaged in "face to face, he undertakes to render the establishment without delay, all the means and materials including printer, contracts, documents and information made available to him and no longer use the software placed at its disposal by the hotel to capture and transmit the documents relating to the credit agreement.
In General, from the termination of the contractual relationship, no parties may refer to the other party. Each Party shall remove from its own documents any reference to the other party and/or their collaboration.
Article 10 - canvassing
The merchant is expressly prohibits both in his name on behalf of its employees, to perform or do carry out actions of bank or financial solicitation within the meaning of article L.341 - 1 and following of the French monetary and financial code that is:
-the promotion and marketing of products face to face outside his (her) point (s) of sale that is the home of the prospects, at their place of work or in all other places not intended for the marketing of financial products.
-the promotion and marketing of products unsolicited such prospects remittances preference documents mailings, e-mailings, outgoing calls.
Article 11 - Advertising - trade Reference
11.1. The trader will indicate on its Point of sale, or its Site, and on its marketing materials or communication, acceptance of the Aurore card as means of payment more generally. Furthermore, he mentioned credits preferred objects of the present for the settlement of sales on credit.
11.2. Any communication regarding the card Aurora and such credits or in which the institution, Cetelem and/or Aurore names would be cited, will be carried out by the Mures
necessary related creations (sites, web pages, brands, logos) that he puts at the disposal of the institution in the context of this convention and is committed to ensuring against any infringement action brought by a third party for the use of the creations in question.
Article 12 - Audit and control
The establishment may, subject to inform the trader two (2) business days in advance, either conduct an audit of its own or to call upon the services of an audit firm, so to check the conformity of the acts of the latter compared with the rules and procedures set out herein.
The merchant expressly agree to submit to such audits. For its part, the institution agrees to provide to the merchant the report of audit under the conditions specified below.
The effect of not to disrupt the activities of the merchant, the establishment may only initiate an audit by calendar year and within the limit of six speakers to the maximum.
The Merchant agrees to collaborate in good faith with the establishment, and the audit firm by providing all necessary information and by responding to their requests.
Effective communication of the audit report, the merchant has seven (7) calendar daysfor, if it wishes, respond to the audit report and provide any explanation, justification, and more generally any note following the conclusions of the report.
Article 13 – Dispute Resolution in case of payment by card payment (including map dawn)
8.1. Payment face to face
The charge of establishing operations.
Concerning payment cards without pin protection system, if the trader respects the control procedure laid down in the Special Conditions, the contested operation will remain the responsibility of the institution.
Operations the responsibility of the trader
For payment cards without pin protection system, if the trader fails to comply with the control procedure laid down in the annex, the contested operation will remain dependant of such trader.
In the case of a payment with a system of protection by PIN card which would be used in another way than through the composition of the confidential code of the card holder, the operation will remain the responsibility of the merchant.
8.2.Payment in VAD
In the case of admissible claim made by a customer of an offer of credit for the payment transaction made with the card, the merchant must support loss that represents the amount of the disputed operation in accordance with the provisions of book I, title III, chapter III of the monetary and financial Code that apply to the operation. As a result, the Merchant agrees to repay the establishment of the amount of the disputed transaction or refused and, for a period of thirteen months from the date of the disputed transaction, and for special uses, for a period of thirteen months from the date of termination of the disputed operation. To do this, the merchant authorizes the establishment to apply the amount of the transaction on the current regulations. Absence of current regulations, he undertakes to settle the establishment at first request and authorize the latter to debit its account of the amount of the operation Office. The merchant assumes responsibility of the harmful consequences of any wrong debit or challenged by the client.
Article 14 - Amendments to the initiative of the institution
The Convention may be modified by the establishment, including in the case ofchange in the process of marketing described in the special conditions, addition or removal of products, regulatory amendments. In such cases, it is expressly agreed between the Parties that the trader will be informed by regular mail. In case of disagreement on the proposed amendments, it may terminate the agreement in accordance with article 9(2).
Article 15 - disputes
This contract is subject to French law.
In the event of difficulties in the interpretation, execution or termination of the agreement, all disputes will be the competence of the courts of Paris. This applies even in the case of interlocutory proceedings, incidental demand or plurality of defendants.
The Special Conditions herein supplement the General Conditions and form with them the 'Convention of approval', which allows the merchant to offer its customers products of the establishment.
The trader has been approved for:
-accept payment by card Aurora,
- or offer its customers of credits short term to pay 3 times by map dawn and/or benefit from a deferred paymentthree (3) months prior to be charged, and/or pay in 5, 10 or 20 times by means of a special use of the card Aurora, and/or to pay 3 or 4 times by means of a bank card and a RIB.
Article 1 - object
These Conditions were intended to define the legal and operational modalities in which the merchant is approved when it offers products in VAD.
As indicated in the General Conditions, VOD includes the sale via Web Sites, by phone, or by mail order through purchase orders often backed paper to a paper catalog.
Article 2 - Legal terms specific to the VAD
2.1. Retraction of the customer concerning the property purchased from the merchant.
The merchant is submitted, due to the rules applicable to its activity, the obligation to propose to its clients, the legal period of 7 days from the delivery of the property, the possibility of returning the property ordered or cancel their order and pay. It can also offer this possibility to its customers in an upper time limit in accordance with the
incentive to racial hatred or discrimination of a person, a group of people, a race or a religion,
-pornographic, paedophile or zoophile.
The presence of hyperlinks and the financing on the Site pages should be sufficient to ensure a good visibility of credit of the institution on the Site.
In the event of changes in the architecture of the Site involving a redesign, modification or deletion of topics that may affect access to offer credit of the institution, as well as in the event of substantial of the graphic design of the Site, the merchant will notify the establishment at least fifteen (15) days in advance by email to allow a redeployment of the presentation of the offer of the establishment or a modification of the presentation of hyperlinks to preserve the visibility and the accessibility of the credit of the establishment offer.
The merchant assumes only and exclusively the whole responsibility for the graphic content and editorial of the website. The term "graphical content and editorial" is defined as any text, image, comment, graphic, logo that a third party would be obliged to be displayed on the Site. The trader also alone, responsibility for all the hyperlinks or equivalent technical processes,present on its Site and pointing to other websites. The merchant accordingly undertakes to guarantee against the consequences of any action or claim of a third party relating to the items under his editorial control.
Section 3 - Operational procedures for VOD
Marketing of Credits short term Credit card
Product description
The short-term credit card is a credit not subject to the code of the consumption with regard to its duration and cost, to ensure the merchant regulation of credit through credit sales free short-term or negligible costs which the duration shall not exceed 90 days, offered to customers with a credit card 'CB' validwith the exception of routine authorization, cards business cards and credit cards issued abroad.
The amount of the purchases which can be financed by these appropriations will be equal to the amount ofpurchase, net of the cash payment by credit card. The amount of the cash payment will be equal to one-third of the amount of the purchase for a credit repayable in two instalments and one quarter of the amount of the purchase for a refundable credit in three instalments. This cash payment will be rounded so as to obtain a payable credit in two or three equal monthly instalments amount.
The merchant must be holder of a contract of adhesion to the system of payment by CB bankcards and payment system short term banking by Internet access.
Credits short term 'CB' repayable in two months to finance the purchases of a minimum of 100 euros and a maximum of 3000 euros amount.
Credits short term 'CB' repayable in three months to finance purchases of a minimum of 100 euros and a maximum of 3000 euros amount.
The amount of the cash payment shall be equal:
-one-third of the amount of the purchase for a refundable credit in two instalments,
-one-quarter of the amount of the purchase for a refundable credit in three monthly instalments
Payment of the funds to the merchant
After acceptance of the credit, the hotel will send within 48 hours to the dealer the amount of the creditby bank transfer or cheque order and for the account of the buyer.
In case of cancellation of the contract of sale and support the interests of the credit by the merchant, the interests of the credit will be retained by the institution as compensation. Where one or more deadlines would have paid by the customer to the institution, the latter will do his trick of the (or the) repay directly to the client.
Financial terms of the Credit short term
If supported by the merchant of the interests of the credits granted to holders of credit card, the granting of these credits will give rise to a deduction on financing corresponding to support by the merchant of charges on the credit.
The cost of charges on the credit is reviewable by the establishment. In this case, the establishment prevents the merchant in writing at least 30 days before the effective date. The use of the service by the merchant after the date of entry into force of the revision will be worth tacit acceptance of the new tariff conditions. The refusal of this revision will result ipso jure termination of accreditation.
Different funding deductions will be charged on the amount of funding directed to the merchant by the hotel.
Thisdeduction is equal to the date of entry into force of this convention for approval for the option "Credit free for the customer" to:
2.30% of the amount of the credit to a refundable credit in 3 monthly installments
2.00% of the amount of the credit to a refundable credit in 2 instalments.