Direct Payment General Terms and Conditions of Use
The words and terms used in these general terms and conditions in capital letters have the meaning given to them below:
Direct Payment Solution
Means an Electronic Money product non-reloadable and non-divisible issued and distributed by the Issuer. The Direct Payment Solution can solely be used for online payment of Services offered by Partners. Direct Payment is a tradename of Transaction Services International.
Means a monetary value electronically stored and represented by a claim on the Issuer which is issued on receipt of fund and which is accepted by the Partners.
Means the company Transaction Services International (TSI), a French société anonyme with capital of EUR 1 000 000, registered with the Trade and Companies Register of Nanterre under number 450 932 710 having its headquarters 91 boulevard National 92250 La GarenneColombes, France.
TSI is authorised to issue e-money by the French banking and insurance supervisory authority (Autorité de contrôle prudentiel et de résolution - ACPR), established 61 rue Taitbout 75436 Paris Cedex 09. TSI has the CIB code 16118; its license is accessible on the website www.regafi.fr. The Issuer is subject to the regulations on electronic money provided for notably in the French Monetary and Financial Code, and is placed under the supervision of the ACPR.
Means the competent adult who is the legal holder of a Direct Payment Solution, using this Direct Payment Solution to make Payments to buy Services.
Means the seller internet site(s) accepting Direct Payment Solution as a mean of payment for the Services that it (they) offer(s).
Means the goods or services offered by the Partners.
Refers to legislation preventing money laundering and terrorism financing
2.1. These terms and conditions govern the terms and conditions of use, sale and refunds relating to Direct Payment Solution.
2.2. The Direct Payment Solution is personal and non-transferable.
2.3. The use of Direct Payment Solution entails full acceptance of these terms and conditions by the User.
2.4. These General Terms and Conditions are available on the Partner’s seller website. On request, a hard copy will be sent to the User.
3. Purchase and loading of a Direct Payment Solution.
3.1 A Direct Payment Solution may be loaded for a sum corresponding to an amount below €250 without the User having to produce identification. Any loading above such a sum gives the Issuer the right to request identification documents as provided for in Article 15 of these general terms and conditions.
3.2 The purchase of the Direct Payment Solution is paid for by payment card. The transaction is completed online through, depending on the case, a 3DSecure type authentication procedure. For security reasons, the purchase process may vary, which may include purchase restrictions, which the User acknowledges and accepts.
3.3 Purchase of a Direct Payment Solution is exclusively made with the Issuer and the User is required to check that the person with whom he is buying a Direct Payment Solution is the Issuer.
3.4 The Issuer accepts no liability regarding the validity of a Direct Payment Solution which has not been loaded by the Issuer.
4. Using a Direct Payment Solution
4.1 The use of Direct Payment Solution is exclusively reserved for competent adults.
4.2 The Direct Payment Solution is used exclusively with the Partners and the User must check that the person with whom the Direct Payment Solution is used is a Partner of the Issuer.
4.3 The User recognizes being informed by TSI and agrees to obey the legislation providing that a payment made in France to a French creditor with electronic money issued in France is legally capped when carried out to perform a single debt. The debt to be paid must be not higher than €3000 when the debtor is a French Tax resident or is acting on behalf of a business activity. The high limit is €15000 when the debtor is not a French Tax resident and is not acting on behalf of a business activity (French Monetary and Financial Code, article L. 112-6 and D.112-3).
4.4 The Issuer may request any additional information and/or document in particular pursuant to Article 15 of these general terms and conditions concerning the User and the transactions, before completing any purchase or use of the Direct Payment Solution, or authorising any request from the User. The Issuer may suspend or refuse any service in the event of an unsatisfactory response. The Issuer endeavours to give the reason for suspension or refusal, insofar as this is authorised by current legislation, particularly on the prevention of money laundering and financing of terrorism. The Issuer may not be held liable nor shall it pay any damages in this respect.
4.5 When using a Direct Payment Solution a “Digital wallet serial number” is issued.
4.6 Direct Payment Solutions are intended to be used only to purchase Services.
5. Conditions for completion of transactions
5.1 By agreeing to execute the transaction for the purchase and the use of the Direct Payment Solution in payment of the Service, the User irrevocably authorises the Issuer (i) to debit the account linked to the bank card used for the purchase of the Direct Payment Solution , as specified in Article 3 of these terms and conditions, and (ii) to pay the Partner for the Services.
5.2 The User is advised that the transaction may be interrupted for reasons beyond the Issuer's control (such as interruption in communication, network failure, abandonment of transaction pending by the User, etc.). In this case, the Direct Payment Solution is not issued. The payment card is not debited.
5.3 The User must expressly consent to the Direct Payment transaction in the two following steps: purchase of a Direct Payment Solution from the Issuer and use of the Direct Payment Solution with the Partner. If the User refuses, his card is not debited or is refunded.
5.4 After the User has agreed to the Direct Payment transaction, the Issuer checks that there are sufficient funds. If these checks allow Payment, the Issuer confirms Payment.
5.5 The balance, record of transactions and costs charged for a Direct Payment Solution may be issued upon request to the Partner. The User is notified of the purchase of a Direct Payment Solution on his account statement for the payment card used to purchase the Direct Payment Solution.
5.6 The electronic money available on the Direct Payment Solution does not accrue interest nor confer any benefit linked to the duration of possession of electronic money.
5.7 The User undertakes not to use the Direct Payment Solution for illegal purposes.
For security purpose, the period of validity of the Direct Payment Solution is limited to the purchase of the Service. In case of refusal, the Direct Payment Solution is not issued and the account linked to the payment card is not debited.
7. Acceptable evidence
The data recorded by the Issuer's computer system, complemented by data from the payments systems involved in transactions, and as the case may be, by the Partners, shall, barring evidence to the contrary, constitute proof of purchase of the Direct Payment Solution completed by the User with the Issuer, and of their use with Partners.
8.1 The User may ask to be refunded the balance of a Direct Payment Solution on the condition that it has not been used. Refunds are given at the face value of the Electronic Money units. Where applicable, refund charges, as defined in Article 9 of these general terms and conditions, may be applied.
8.2 The User may choose to be refunded by bank transfer to a bank account or a Payment account opened in the User's name. Refunds are sent by the Issuer within 30 days. If the User would like to be refunded in cash, he must contact the Issuer to reach an agreement on the appropriate measures.
8.3 In all cases, to be refunded the balance of the Direct Payment Solution, the User must send the Issuer a written request, stating the balance to be refunded, accompanied by:
- the User’s email address, full name and date of birth;
- the date and approximate time of the Direct Payment Solution’s purchase;
- the BIC/IBAN (bank identity code) of the account in which the User would like to receive the balance of the Direct Payment Solution, if the refund has been requested by transfer;
- the User's full name and address (street, street number, town, postcode and country);
- a copy of both sides of a valid official identity document held by the User, showing his photograph and a proof of address; for refunds over a threshold defined by the Issuer’s Prevention of money laundering Policy, the User will have to show evidence of an income and/or financial assets.
8.4 The request for a refund must be sent to the following address: Transaction Services International, After-Sales Department, 91 boulevard National 92250 La GarenneColombes, France.
8.5 Where applicable, charges relating to the refund are billed, as defined in Article 9 of these general terms and conditions. These charges shall be deducted by means of offsetting with the balance of the Direct Payment Solution.
8.6 The Issuer may request any additional information and/or document concerning the User and the transactions, before issuing any refund. The Issuer may suspend or refuse a refund in the event of an unsatisfactory response. The Issuer endeavours to give the reason for suspension or refusal, insofar as this is authorised by current legislation, particularly on the prevention of money laundering and financing of terrorism. The Issuer may not be held liable nor shall it pay any damages in this respect.
9.1 In accordance with Article L. 133-31 of the French Monetary and Financial Code, charges resulting to refunds shall be applied only in the following instances:
- The User applies for a refund more than one year and a day after the deadline for the use of the Direct Payment Solution, within the meaning of Article 6 of these general terms and conditions.
9.2 The following refund charges shall be applied to Direct Payment Solution:
- Refund charges are €6, to be deducted directly from the balance of the Direct Payment Solution.
9.3 Handling charges of €6 per month are deducted from the balance of any Direct Payment Solution which has not been used in full one year and a day after the deadline the use of the Direct Payment Solution, within the meaning of Article 6 of these general terms and conditions.
10. Right to withdraw
10.1 The User has a right to withdraw, at no charge and without having to provide reasons, of 14 calendar days as from the date of loading of the Direct Payment Solution. If this period ends on a Saturday, a Sunday, an official holiday or a public holiday, it is extended to the next business day.
10.2 To exercise this right to withdraw, the User must send a letter to the following address: TSI, 91 boulevard National 92250 La Garenne-Colombes, France, or an email to the address contact@tsi-Payment.com. The User must quote the reference number of the Direct Payment Solution. The User may only exercise this right to withdraw for the outstanding balance on the Direct Payment Solution after deduction of purchases made, where applicable.
10.3 As from receipt of the request for withdrawal, validly submitted by the User, the Issuer shall proceed with a refund of the Direct Payment Solution balance, under the conditions set out in Article 8 of these general terms and conditions of use.
10.4 The User is informed that this right to withdraw does not apply when the Direct Payment Solution balance was totally used in Payment at the express request of the User before the withdrawal period has elapsed.
11. Loss, theft and blocking
11.1 After execution of any Direct Payment Solution transaction, the sums relating to these transactions may not be refunded to the User, even in the case of loss or theft of information relating to the Direct Payment Solution.
11.2 If the User suspects the Direct Payment Solution to be fraudulent, he must notify the Issuer as promptly as possible, doing so by calling +33(0)1.82.97.05.01 or sending an email: firstname.lastname@example.org.
11.3 As from execution of this notification from the User, the Issuer will block use of the Direct Payment Solution forming subject of the notification.
12. Amendment of the General Terms and Conditions ‐ Assignment
12.1 The Issuer reserves the right to amend these general terms and conditions (including the charges defined in Article 9 or assignment of the contract to any company designated by the Issuer), by sending via email to the User two (2) months before they come into force.
12.2 The User may object to these amendments at any time within the 2-month period. By objecting to the new general terms and conditions, the User is terminating the contract with immediate effect. In this case, the stipulations in Article 8 shall apply.
12.3 If the User does not object, the amendments are deemed accepted and the new online general terms and conditions shall prevail over the previous general terms and conditions, notably in their printed version.
13. Complaints ‐ Ombudsman
13.1 Any reasoned complaint may be made online via email@example.com or submitted in writing to: TSI After Sales, 91 boulevard National 92250, La GarenneColombes, France
13.2 In accordance with Chapter II Title I Book VI of the French Consumer Code, on receipt of the complaint, if the aforementioned complaint is unsuccessful, the User may refer the matter to the Ombudsman at the following address: The Ombudsman of the ASF (French Association of Financial Companies), 75854 Paris cedex 17 or on the following website: http://lemediateur.asf-france.com.
13.3 The Ombudsman is required to rule in accordance with article R. 612-1 et seq of the French Consumer Code and in particular not later than 90 days after its referral notification, as defined at the article R. 612-2 of the French Consumer Code.
14. Disputes with the Partners
14.1 The Issuer accepts no liability regarding the Services paid for using Direct Payment Solution. It is for the User to settle directly with the Partner or the seller's site at issue any dispute of any kind in connection with the Service or the goods or services sold on the seller's site.
14.2 Refunds on a Service paid for using the Direct Payment solution depends on the terms and conditions of use of the Partner concerned. The User must make inquiries with the Partner. According to the terms and conditions defined by the Partner, this refund may give rise to the issue of a new Direct Payment Solution by the Issuer in favour of the User.
15. Rules on the prevention of money laundering and the financing of terrorism
15.1 The Issuer is subject to all French regulations on the prevention of money laundering and the financing of terrorism.
15.2 The Issuer shall verify the identity and status of the User and of his transactions, based on documentary evidence of identity and any other document it shall deem fitting to this end, in accordance with the provisions currently applicable and defined by the Issuer’s AML and risk prevention Policy. In any case, the Issuer proceed to this identity verification:
- When the User makes a request for a refund;
- At any time, when the Issuer suspects money laundering or the financing of terrorism;
15.3 In particular, and in accordance with the French regulation, the Issuer may ask the following documents to the User, which have to provide the Issuer with the documents requested:
- the justification of the home address of the User at the time the items are collected;
- the professional activities currently performed by the User;
- User’s income or any other item that allows other resources to be estimated;
- any element enabling the asset of the User.
16.1 The Issuer accepts no all liability in the event of use of a Direct Payment Solution on a site that does not belong to the Partners.
16.2 The Issuer is liable only for the direct damage sustained by the User, and this, within the limit of the outstanding balance on the Direct Payment Solution, to the exclusion of all indirect damage such as, for example, harm to reputation.
16.3 The Issuer's liability may not be engaged should non-fulfilment or delay in fulfilment of its obligations result from force majeure within the meaning usually applied by French courts.
16.4 Since using a Direct Payment Solution requires access of the internet and mobile networks, the User recognizes that he is aware of (i) the nature of the internet and the mobile networks and in particular, their technical performance and the response time necessary to view or access information relating to a Direct Payment Solution and (ii) the relative technical reliability of data transmission on these networks, such transmission occurring on heterogeneous networks with diverse technical characteristics and capacities, which may sometimes be overloaded or inaccessible. The Issuer is not responsible for temporary problems and/or temporary lack of access in viewing the online balance of a Direct Payment Solution.
16.5 Similarly, the Issuer does not guarantee permanent availability of the Partners. In addition, its liability is expressly excluded should a Partner refuse to accept payment for a Service with a Direct Payment Solution.
17. Personal information
17.1 The Issuer is responsible for the processing of Users' personal information, and guarantees the security and confidentiality of that information, in accordance with the regulation on the protection of personal information and professional secrecy.
17.2 The loading and use of a Direct Payment Solution give rise to the collection, processing and storage of personal information concerning the User, in order to allow the transmission of information about a Direct Payment Solution and management or refunds of Direct Payment balances, and for fulfilment of the Issuer's statutory, professional and contractual obligations. This includes in particular the collection of personal information relating to the User from the Partners, which the User accepts.
17.3 In particular, for the use of a Direct Payment Solution, the Issuer collect at least the User’s e-mail, full name, date of birth and IP address.
17.4 This information is intended for the Issuer, who reserves the right to pass this information onto its subcontractors for the reasons set out above. Under the Data Protection Directive 95/46/CE of 24 October 1995 implemented in France by the Act of 6 January 1978 as amended, and under the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the User has a right of access and correction concerning the information relating to him. This right may be exercised by sending a written request to TSI, 91 boulevard National 92250, La Garenne-Colombes, France.
17.5 The User is advised that, in accordance with the banking regulations, this information is kept for 5 years after the end of the contractual relationship between the User and the Issuer.
18. Suspension ‐ termination
18.1 The Issuer reserves the right to block a Direct Payment Solution and/or to terminate these general terms and conditions with immediate effect in the case of failure by the User to comply with these general terms and conditions, suspicion of fraud or illegal use of the Direct Payment Solution, or in order to fulfil a statutory or regulatory obligation, without prejudice to any other rights and redress.
18.2 The User may terminate these general terms and conditions at any time. To do so, he must contact contact@tsi-Payment.com. Termination takes immediate effect. The User's Direct Payment Solution is then immediately blocked and can no longer be used to complete a transaction.
18.3 After termination, for whatever reason, the User may request a refund of his Direct Payment balance under the conditions in Article 8 above. The refund charges provided for in Article 9 shall apply.
19. Intellectual property
The Issuer remains owner of all intellectual property rights linked to a Direct Payment Solution.
Communication between the Issuer and the User shall be in French or in English.
21. Applicable law and competent courts
These general terms and conditions are governed by French law. If an out-of-court agreement is not reached in the framework of the mediation procedure defined in Article 13 of these general terms and conditions, any dispute arising on the occasion of this contract, regarding its interpretation or its execution, shall come under the courts with jurisdiction of Nanterre (France).
22. Protection of funds
All funds collected in consideration for the issue of electronic money by the Issuer are protected under the provisions set out in Article L. 526-32 of the French Monetary and Financial Code.