Condiciones generales de uso
Legal Notice
The www.nauticmanager.com platform is published by the company LACANI, a SAS with its registered office located at 223 Avenue Emile Counord, 33300 BORDEAUX. It is registered with the R.C.S. of BORDEAUX under number 799 758 412 and with ORIAS under number 16001576 as an insurance representative. The website has been declared to the CNIL under number 1744290. The company's EU VAT number is FR 36 799 758 412.
Hosting Provider
Platform.sh SAS
131 Boulevard de Sébastopol
75002 Paris
France
Website: https://platform.sh
Phone: +33 (0)1 40 09 30 00
GENERAL TERMS AND CONDITIONS FOR THE RESERVATION, SALE, AND USE OF A PLEASURE BOAT
TABLE OF CONTENTS
Preamble: Parties and Contractual Documents
- 1. PURPOSE
- 2. PRIVACY POLICY, GDPR, AND DATA COLLECTION
- 3. PRESENTATION OF BOATS ON THE SITE
- 4. RESERVATION
- 5. RESERVATION PRICING TERMS
- 6. PAYMENT
- 7. RIGHT OF WITHDRAWAL
- 8. RESERVATION EXECUTION
- 9. MISCELLANEOUS PROVISIONS
- 10. DISPUTE RESOLUTION
- 11. GENERAL TERMS OF MANGOPAY PAYMENT SERVICES
PREAMBLE
The website https://v2.nauticmanager.com/ruban-vert-suce-sur-erdre is a pleasure boat reservation platform managed by the company Nautic Manager, as described in the "Legal Notice" document accessible on the Site. The general terms and conditions for reserving a pleasure boat from RUBAN VERT (Sucé Sur Erdre) (hereinafter “these T&Cs”) are agreed upon between Nautic Manager on the one hand, and the Users of the reservation platform on the other.
Users include both Renters and Sailors. The Renter is the professional provider of pleasure boat rentals, with contact details included in the rental contract for the boat reserved by the Sailor.
The Sailor refers to the individual who has identified themselves and wishes to reserve a boat displayed on the Site.
The Sailor, whether a consumer or a non-professional, has specific rights as outlined in the Consumer Code. The Sailor acknowledges that these rights will be waived if reservations are made via the Site for professional purposes.
The Sailor, as an individual, declares that they are at least 18 years old and have the legal capacity or parental authorization to make a reservation on the Site.
These T&Cs are supplemented by one or more applicable contracts, specifically the rental contract(s) between the Renter and the Sailor.
The Legal Notice as well as the pricing terms available on the Site also apply to the T&Cs and rental contracts made through the Site.
All of these contractual documents are binding upon the Sailor, the Renter, and Nautic Manager.
These T&Cs take effect from September 20, 2024.
They may be modified by Nautic Manager at any time to incorporate legislative or judicial changes applicable to e-commerce, as well as any technical or technological improvements to the Site.
1. PURPOSE
These T&Cs aim to define the conditions under which any reservation — conclusion of the rental contract — of one or more boats presented on the Site by the Renter, as defined in Article 2 below (hereinafter "the Boat(s)"), is made.
Non-residents of France wishing to place an order via the Site must verify if the law applicable to them permits such transactions. The existence of the Site should not be construed as solicitation, but as a contract concluded remotely.
In general, Nautic Manager and Users expressly accept the possibility of exchanging information via email.
2. PRIVACY POLICY, GDPR, AND DATA COLLECTION
This data privacy policy describes how we collect, use, and process information about you, including personal information, in connection with your access to and use of the Nautic Manager, Digital-Nautic, and Payment Services platforms.
We collect two categories of information: information you provide to us and information automatically collected from your use of our services.
- Order Information.
When placing an order on the platform and for drafting the rental contract, we require your title, first name, last name, date of birth, phone number, postal address, and email. For boat rentals requiring a license, we may also need your boat license number and issuing country or state, as well as your ID number and issuing country or state. None of this information is public. - Payment Information.
The payment process is entirely managed by MangoPay and Crédit Mutuel. No bank card numbers are stored by us for security reasons.
Information automatically collected from your use of our services. - Usage Data.
We collect information about interactions with the platform, such as pages or other content viewed, searches, reservations made, and notifications received (by email or SMS). - Log Data.
We automatically collect login information during platform usage, even for users who are not logged in or have not created an account. This information includes, in particular: details of platform use, IP address, session duration, visit frequency, information about hardware and software used to access the platform (device, browser type, etc.), information on browsing events (e.g., unexpected termination of the mobile application), and the page viewed or used before or after the platform. This information is anonymized after 3 months. - Cookies and Similar Technologies.
When you access our platform, Digital-Nautic / Nautic Manager (and partner companies) may place small data files on the user's computer or other device. These data files may be cookies, transparent GIFs, invisible pixels, e-tags, "Flash cookies," or other local storage provided by the browser or associated applications (referred to here as "Cookies").
We use, store, and process this information to provide and improve our services and ensure a secure, safe, and reliable experience.
For example, we may use this information to:
- Provide and improve our services
- send you service, support, and administrative messages, reminders, technical notifications, updates, security alerts, and information via SMS and email;
- enable transaction processing and send notifications about these transactions;
- improve our services, particularly by personalizing your user experience;
- measure our services' performance and improve content and layout.
- Ensure a secure, safe, and reliable experience
- authenticate information provided by our users, including during account creation and password reset processes;
- collect fees and resolve issues;
- detect, prevent, and/or correct fraud, abuse, security incidents, or other potentially harmful, prohibited, or illegal activities;
- detect, prevent, or correct violations and enforce our terms and policies;
- manage and protect our technical infrastructure;
- conduct risk assessments;
- comply with our legal obligations, resolve any disputes we may have with one of our members, and enforce our agreements; in this respect, we may do all or part of the above with or without further notice to our users, where permitted by applicable law.
- Provide, Personalize, Evaluate, and Improve our Advertising and Marketing of Our Services
- send you promotional messages, commercial, advertising, and other information that may interest you based on your preferences;
- personalize, evaluate, and improve our advertising;
- manage referral programs, rewards, surveys, lotteries, contests, or other promotional activities or events;
- perform profiling based on your characteristics and preferences (based on information you provide to us, your interactions with the Digital-Nautic Platform (https://v2.nauticmanager.com/ruban-vert-suce-sur-erdre) / Nautic Manager, information obtained from third parties, as well as your search and reservation history) to send you promotional messages, commercial, advertising, and other information that we believe may interest you.
We retain collected information for as long as is reasonably necessary and relevant to our operations, notably for justifying customer orders with tax authorities (10-year retention). We automatically close our clients' accounts and delete their personal data after 10 years of inactivity. If you request account closure, the data is deleted, as specified in the "Your Rights" section below.
Profiles and information related to bookings are reserved exclusively for the use of Nautic Manager and the professional renter for their contracts. Nautic Manager does not share any of its clients' data with third-party marketing partners. To facilitate bookings, we share the information necessary for service execution, including personal information (name, surname, contact details, permit number, license plate, vehicle address) with professionals.
Nautic Manager may share information with suppliers and service providers who are contracted or work with us to handle payments, operate our services, and support customer functions, requiring access to this information to perform their tasks. In some cases, the service provider may collect information directly from users on behalf of Nautic Manager. These service providers may be located within or outside the user’s country of residence, including outside the EEA.
For example, service providers may help us: (i) verify your identity or authenticate your identification documents, (ii) check information against public databases, (iii) conduct background or police checks, implement fraud prevention and risk assessments, (iv) provide customer service, advertising services, or payment services. These service providers have limited access to your information while performing these tasks on our behalf and are contractually obligated to protect and use it solely for the purposes disclosed, in accordance with this Data Privacy Policy.
As a user, you may exercise the following rights related to your personal data.
- Right of access
- Right to rectification
- Right to erasure (right to be forgotten)
- Right to restrict processing
- Right to data portability
- Right to object
To exercise any of these rights, you can write to contact@nauticmanager.com. We will respond as soon as possible. You also have the option to file a complaint with the National Commission on Informatics and Liberty (CNIL).
In some cases, Nautic Manager may delete your data by closing your account but may be unable to immediately delete certain information due to compliance needs with applicable laws, fraud detection or prevention, fee collection, dispute resolution, complaint handling, problem resolution, support for any investigation, audit compliance, and the enforcement of our Terms of Use and Policies.
All documents containing personal or financial information are considered our property and are treated confidentially at all times. We work diligently to protect this personal or financial information from unauthorized access, use, modification, or destruction. All electronic information is stored on restricted-access database servers and is typically retained until you request modification or deletion, as outlined below. We disclose this information to our employees, contractors, or affiliates only when a) they need to know it to provide Nautic Manager services, and b) they have agreed not to disclose it to others.
All interactions with our Services use the TLS/SSL (Transport Layer Security/Secure Sockets Layer) protocol. We use a recognized third-party payment gateway to securely process credit card transactions.
If we merge or are acquired by another company, we may share information with them following our privacy standards and applicable law.
We ask that you do not send or disclose sensitive information unless specifically requested (such as social security numbers, information on racial or ethnic origin, political opinions, religion, union membership, beliefs, health, biometric, or genetic characteristics).
Our websites and mobile applications are general-audience sites, and our services are not intended for persons under 18 years of age. We do not knowingly collect information from users under 18. If a child has already provided us with information, their parent or guardian may contact us to delete this information or close an account.
This privacy policy applies only to the use and disclosure of information collected by Nautic Manager. It does not cover and we are not responsible for the privacy, information, or other practices of third parties, including those operating a site or service linked to our services. The inclusion of a link on our services does not imply endorsement of the linked site or service by us or our affiliates. If you disclose your information to others or are directed to a third-party website, their privacy notices and practices will apply.
We may make changes to this Privacy Policy. Please refer to the "last revised" date at the top of this page to see when this privacy policy was last updated. Any changes to this privacy policy will take effect when we post the revised privacy policy. Your continued use of the services after these changes means you accept the revised Privacy Policy. If you disagree with these changes, you may contact Nautic Manager’s customer service to close your account. You will then only be bound by the previous version of the privacy policy.
For any questions regarding personal data, you can contact us at the following address: Attn: Nautic Manager, 223 Avenue Emile Counord 33300 Bordeaux, or use contact@nauticmanager.com.
3. PRESENTATION OF BOATS ON THE SITE
3.1 The Boats presented on the Site are described by the Renter, who is committed to accurately describing the technical characteristics and equipment of the Boat. They also agree to keep all this information up-to-date.
3.2 As part of a matchmaking service, Nautic Manager's responsibility cannot be engaged in this respect. In the event of false or misleading information on the characteristics of the Boats, Nautic Manager will remove any reference to the concerned Renter and their Boats from the Site as soon as it becomes aware of the issue.
3.3 The presented Boat may sometimes differ slightly from its presentation on the Site. Differences may result from the color quality of photographs, the challenge of accurately displaying textures on a screen, or, without being exhaustive, technical adaptation. These differences cannot be interpreted as defects of conformity and do not entitle the cancellation of the booking, except in cases where differences concern an essential feature of the Boat or an advertised equipment.
3.4 Any unavailability of a Boat must be immediately reported by the Renter to Nautic Manager.
4. BOOKING
The Customer books the Boat exclusively via the Site using the schedule made available to them. Bookings submitted by other means—email, mail, fax—will not be processed.
4.1 Processing the booking placed via the Site:
The rental contract is validly formed once the Customer has entered their identity (title, first name, last name, date of birth) and contact details (address and phone number), selected the Boat and rental period (first click), been able to read and accept the rental contract, accepted the terms of sale, verified the details of their booking, corrected any errors, proceeded to payment (deposit or full payment), and confirmed it with a second click, in accordance with articles 1369-1 to 1369-6 of the Civil Code.
The double-click procedure constitutes consent from the Customer to the rental contract and makes the amounts due under the Boat booking enforceable by the Renter in favor of the Customer. In accordance with Article L121-19-3 of the Consumer Code, any order confirmed by the second click entails a payment obligation.
It is reminded that the provisions of these CGU apply to the rental contract.
An email with the Terms and Conditions will be sent to the Customer’s email address to confirm the contract conclusion on a durable medium, reiterating all the information subject to the general information obligation.
It is highly recommended that the Customer keep this email, which specifies the booking number.
Nautic Manager immediately sends the Renter the specific terms of the rental contract (type of Boat reserved, equipment, and rental period).
4.2 Proof of transaction:
The computerized records, stored in Nautic Manager's information systems under reasonably secure conditions, will be considered proof of communications, orders, and payments between the parties.
The booking vouchers and invoices are archived on a reliable and durable medium that can be produced as proof, which the Customer expressly acknowledges.
5. BOOKING PRICING CONDITIONS
The prices indicated on the Site are in euros (€) including all taxes (VAT included). The applied VAT rate is the current French legal rate. In the event of a modification of the French VAT rate, the adjustment of VAT-inclusive prices will be immediate, without prior notice.
Nautic Manager or the Renter may modify the booking rates of any of the Boats presented on the Site at any time. However, changes will not apply to bookings once the contract is validly formed (Article 3-1).
6. PAYMENT
6.1 Users are expressly informed and accept that all payments made on the Site are managed by Leetchi Corp. S.A., a company authorized as an electronic money institution, registered with the Luxembourg RCS under No. B173459, with its headquarters at 26-28, rives de Clausen, L-2165, Luxembourg (hereinafter: “MangoPay”). Customers contract directly with MangoPay for the implementation of these payments by accepting MangoPay's general terms and conditions reproduced below (Article 10). In case of any conflict between MangoPay's terms and these T&Cs, the latter shall prevail.
Customers expressly authorize Nautic Manager to send necessary payment instructions to MangoPay on their behalf and in their name.
6.2 The Customer can pay in installments as chosen on the Site. The rental contract is concluded upon payment of the first installment. Full payment must be made at least one week before the scheduled rental date. After this period, the reservation is void, and initial payments are retained by the Renter as a penalty clause, except in cases of force majeure duly demonstrated by the Customer.
6.3 Payment is made exclusively by credit card at the time of booking confirmation.
The Customer guarantees Nautic Manager that they have the necessary authorizations to use the payment method at the time of booking confirmation. Nautic Manager reserves the right to suspend any booking management and any availability in case of payment refusal by officially accredited bodies or in case of non-payment.
6.4 Nautic Manager reserves the right to refuse a reservation from a Customer who has not fully or partially paid for a previous order or with whom a payment dispute is being handled.
- Nautic Manager may implement a booking verification process to ensure that no one is using another person’s bank details or identity without consent. As part of this verification, the Customer may be asked to send Nautic Manager by email at contact@nauticmanager.com a copy of their ID card and/or the credit card used for payment (front and back copy, ensuring only the first 4 and last 2 digits of the number on the front are visible, and hiding the security code and full card number embossed on the back), as well as proof of residence.
The reservation will only be validated upon receipt and verification of the documents provided. However, Nautic Manager cannot be held liable by the Renter in cases of identity theft by the Customer unless it can be demonstrated that the provided details were entirely and evidently fictitious.
7. RIGHT OF WITHDRAWAL
In accordance with Article L121-21-8 12° of the Consumer Code, there is no right of withdrawal for "the provision of accommodation services other than residential accommodation, transportation of goods, car rentals, catering, or leisure activities to be provided on a specific date or period." Consequently, the rental contract is definitively concluded between the Customer and the Renter for the reserved Boat and the period specified in the contract upon the Customer’s initial payment.
8. BOOKING EXECUTION
8.4 Upon booking by the Customer and confirmed payment received by Nautic Manager, the Renter is committed to renting the Boat described in the booking. As Nautic Manager only offers matchmaking services, it cannot be held liable in case the reserved Boat is unavailable.
8.5 - Managing cases of unavailability
8.5.1 - In cases where it is impossible, due to damage or bad weather, to fulfill the booking date or match the reserved type of Boat, please refer to the rental terms and conditions located on the back of the contract.
8.5.2 - In cases where it is impossible to fulfill the reserved type of boat, except for damage occurring between the booking and rental dates, please refer to the rental terms and conditions located on the back of the contract.
8.5.3 - In cases of double booking on the same boat, please refer to the rental terms and conditions located on the back of the contract.
8.6 - In cases where the Customer does not appear on the date and time of the booking, no refund will be accepted unless otherwise stated in the Renter's terms and conditions.
9. MISCELLANEOUS PROVISIONS
If any provision of these T&Cs is void, it will be deemed unwritten, but will not nullify the entirety of the contractual provisions. Any tolerance or waiver by either Party in applying any part of the commitments in these T&Cs, regardless of frequency and duration, will not imply a modification of the T&Cs nor generate any rights. In case of translation of the T&Cs into a foreign language, only the French version will prevail.
10. DISPUTE RESOLUTION
These T&Cs are governed by French law. In case of a dispute, the Customer may opt for conventional mediation or any other alternative dispute resolution method. Any dispute will be submitted to the competent Court where the defendant resides or, at their choice, where the Boat is picked up. However, in cases involving a professional Customer, the Commercial Court of Nantes will have exclusive jurisdiction.
11. GENERAL TERMS AND CONDITIONS OF MANGOPAY PAYMENT SERVICES
Concluded between:
The client, a legal entity (company name, headquarters located in a member state of the European Union or a state within the European Economic Area or a third country imposing equivalent obligations in terms of anti-money laundering and terrorism financing), registered with the Commercial Register in a member state of the European Union or a state within the European Economic Area, or a third country imposing equivalent obligations in terms of anti-money laundering and terrorism financing.
Or
an individual (name, first name, date and place of birth, address, and residence in a member state of the European Union or a state within the European Economic Area or a third country imposing equivalent obligations in terms of anti-money laundering and terrorism financing), registered with the Commercial Register in a member state of the European Union or a state within the European Economic Area, or a third country imposing equivalent obligations in terms of anti-money laundering and terrorism financing.
Hereinafter referred to as the “Account Holder” or the “Merchant,” on the one hand
And,
MANGOPAY SA, a public limited company under Luxembourg law, with a capital of 2,000,000 euros, headquartered at 10 Boulevard Royal, L-2449 Luxembourg, and registered with the Luxembourg Commercial and Companies Register under number B173459, authorized to operate in France under free establishment, as an electronic money institution approved by the Financial Sector Supervisory Commission, 283 route d’Arlon L-1150 Luxembourg, www.cssf.lu,
Hereinafter referred to as the “Service Provider,” on the other hand, hereinafter collectively referred to as a “Party” or the “Parties.”
Notice
The Account Holder is invited to carefully read these General Terms, which were communicated on the Site before acceptance.
The Account Holder is informed that the language used for communication with the Service Provider is French or English.
11.1 Definitions
For the purposes of this document, the following terms are defined as follows:
- “Banks”: Credit institutions responsible for protecting the funds collected by the Service Provider on behalf of the Account Holder/Merchant. These funds are recorded in its books in a dedicated escrow account. The designated institution is currently ING Luxembourg and Crédit Mutuel Arkéa. The Service Provider reserves the right to select any other authorized credit institution.
- “Card”: A bank, payment, or credit card used by the User to pay for a purchase on the Site to a Merchant designated in their Payment Account opened in the Service Provider's books. This card is linked to one of the following networks: Visa, MasterCard, CB.
- “Payment Account” or “Account”: Account maintained by the Service Provider on behalf of an Account Holder and used for the purpose of executing Payment Transactions. The Account cannot be considered as a deposit account.
- “General Terms”: This document titled General Terms of Use for Payment Services.
- “Site General Terms”: The general terms of use of the Site concluded between the Site User and the Platform, governing, in particular, access to the Site.
- “Special Terms of Use for Payment Services”: The form to be filled out by the Merchant on the Site.
- “Framework Agreement”: The Mangopay Payment Services Framework Agreement, comprising these General Terms and the Special Terms of Use for Payment Services. It governs the issuance and use of payment services as well as Account management by the Service Provider.
- “Business Day”: A calendar day, excluding Saturdays, Sundays, and public holidays in metropolitan France and Luxembourg, during which the payment infrastructures in these countries and the Banks used operate regularly.
- “Merchant”: Any legal or natural person acting on their own behalf as a seller of goods and/or services on the Site.
- “Payment Transaction”: A periodic or one-time transfer, ordered by the Account Holder or by any authorized agent, to their bank account.
- “Order”: The instruction given by the Account Holder to the Service Provider in accordance with the procedure set forth in the Framework Agreement to execute a Payment Transaction.
- “Payment Page”: The secure page provided by the Service Provider’s payment processor.
- “Platform”: The entity whose details are specified in the Special Terms, which operates the Site. It prepares, facilitates, and advises Users for the conclusion of the Framework Agreement through its Site. It assists Users throughout their relationship with the Service Provider in carrying out their Payment Transactions. It collects the necessary documents for Account opening. The Platform does not collect funds, except for the Fees agreed upon in the Special Terms. The Platform is registered as a payment agent.
- “Service Provider”: Refers to MANGOPAY SA, issuer of Electronic Money authorized in Luxembourg by the Financial Sector Supervisory Commission under reference No. 3812 and authorized to operate in France. The Service Provider is listed on the official list of electronic money institutions available at www.cssf.lu/surveillance/ep-eme/listes-officielles/.
- “Site”: The website operated by the Platform, aimed at selling goods or services to Users, collecting funds from them, or connecting Merchants with Users. The Site, whose address is indicated in the Special Terms, has integrated the API in the Platform's colors.
- “Account Holder”: The Merchant in whose name a Payment Account is opened to receive payments from Users.
- “User”: Any natural or legal person who has purchased a good or service offered for sale on the Site and uses their Card to transfer funds.
11.2 Purpose
The purpose of these General Terms and Conditions is to define the conditions under which the Service Provider provides the Account Holder with payment services in exchange for a fee defined in Article 19 of these Terms and in the applicable Special Terms.
These payment services include:
- opening and managing the Payment Account,
- crediting the Payment Account: recording funds transferred by Users of the Site via Cards,
- debiting the Payment Account: executing one-time or recurring transfers, deducting fees due under these Terms, reversing fund transfers by Cards.
The Service Provider has mandated the Platform to facilitate the conclusion of these Terms with each Merchant and to assist them throughout their relationship with the Service Provider.
The Account Holder may obtain a copy of the Framework Agreement at any time and free of charge by visiting the Site. Only the Framework Agreement shall be binding between the Parties in case of a dispute.
11.3 Account Opening
11.3.1 Conditions necessary and prerequisite for Account OpeningAny individual at least 18 (eighteen) years old and legally capable, or any legal entity resident and registered in a member state of the European Union or in a state party to the European Economic Area agreement, may submit a request to open an Account, provided they are listed on the Site as a seller on their own behalf.
11.3.2 Registration and Account Opening Procedure
If the following information is not already held by the Platform, the Merchant must provide the Platform with:
- for individuals, their name, first name, email address, date of birth, nationality, and country of residence.
- For legal entities, their company name, legal form, capital, registered office address, description of their activity, identity of partners and company officers, a list of beneficial owners as defined by regulations, a recent (less than three months old) Kbis extract or equivalent document proving registration with the Commercial Register of a member state of the European Union, a state party to the European Economic Area agreement, or a third country imposing equivalent anti-money laundering and counter-terrorism financing obligations, and their articles of association.
The Merchant shall provide a bank identity statement for an account in their name with an entity listed under 1° to 6° of Article L.561-2 of the Monetary and Financial Code established in a member state of the European Union, a state party to the European Economic Area agreement, or a third country imposing equivalent anti-money laundering and counter-terrorism financing obligations.
The Merchant authorizes the Platform to conduct Payment Transactions on their Payment Account and under their full responsibility as defined in the power of attorney. The form is provided online and must be returned to the Service Provider. The power of attorney only takes effect once the completed form is received and accepted by the Service Provider. Notification of acceptance will be sent by any means. It automatically terminates upon the death of the Account Holder and may be revoked at any time by the Account Holder by notifying the representative and the Service Provider via registered mail with acknowledgment of receipt. Termination takes effect on the date of receipt by the Service Provider. The Account Holder remains liable for Payment Transactions initiated on their behalf by the designated representative until this date. The Account Holder expressly releases the Service Provider from professional secrecy related to Payment Account data with respect to the designated representative under the power of attorney.
After reviewing the Framework Agreement, the Merchant must accept it according to the procedures provided by the Site, submit the completed and signed power of attorney, and provide all requested information and documents to the Platform. By agreeing to the Framework Agreement, the Merchant authorizes the Platform to submit their registration request as an Account Holder to the Service Provider along with all received supporting documents.
Only the Service Provider can accept the registration of a Merchant as an Account Holder of a Payment Account in their name. This approval will be notified to the Merchant by the Platform by any means in accordance with the Site's procedures. The Service Provider may, without providing justification or indemnity to the Merchant, refuse a request to open an Account. The Platform will notify the Merchant of this refusal by any means in accordance with the Site’s procedures.
Additionally, the Service Provider reserves the right to request additional identification information from the Merchant before any registration and at any time during the term of the Framework Agreement to verify their identity and/or a Payment Transaction.
The Merchant declares at the time of submitting their registration request to the Platform and throughout the term of the Framework Agreement:
- that they are at least 18 (eighteen) years old and legally capable or that they are regularly constituted as a company,
- that they are acting on their own behalf;
- that all information provided during registration is truthful, accurate, and up-to-date.
At the Service Provider's discretion, the use of a Payment Account may be limited without the Service Provider having to justify its decision to the Account Holder.
Thus, a Payment Account may operate under express authorization from the Service Provider and be limited to 2,500 euros over a rolling 12-month period and 250 euros per Payment Transaction for any Account Holder who has not submitted all required documents to the Service Provider. Upon receipt of all documents listed below and provided they are deemed satisfactory by the Service Provider, the Account Holder may initiate Payment Transactions beyond 2,500 euros over a rolling 12-month period and 250 euros per Payment Transaction. These Payment Transactions are directed to an account opened in the Account Holder's name with an entity listed under 1° to 6° of Article L.561-2 of the Monetary and Financial Code established in a member state of the European Union, a state party to the European Economic Area agreement, or a third country imposing equivalent anti-money laundering and counter-terrorism financing obligations.
The minimum documents required by the Service Provider for any Account Holder, an individual, are as follows:
- a copy of a valid official identity document of the Account Holder (e.g., identity card, driver’s license, and for nationals of third countries outside the European Union, a passport),
- if applicable, an original or a copy of an extract from the official register dated less than three months proving registration as a merchant or in the national trade directory or any other organization upon which the Account Holder depends.
- an original or copy of an extract from the official register dated less than three months showing the name, legal form, address of the registered office, and the identity of partners and company officers mentioned in 1° and 2° of Article R.123-54 of the Commercial Code or their foreign law equivalents;
- a copy of the articles of incorporation and any resolutions appointing the legal representative certified as accurate;
- a copy of the identity card or passport of the legal representative and, if applicable, of the beneficial owner.
- a declaration of the economic beneficiaries of the legal entity holding more than 10%.
- It is expressly stipulated that the Service Provider reserves the right to request additional documents at any time concerning the Account Holder, the beneficial owner, or a specific Payment Transaction.
11.4 Operation of the Payment Account
Funds transferred by Card by Users are credited to the Payment Account opened in the name of the designated Account Holder.
Debits from the Payment Account arise from (i) the execution of a Payment Order to an account opened in the Account Holder’s name at a credit or payment institution established in an EU member state, an EEA member state, or a third country imposing equivalent anti-money laundering and counter-terrorism financing obligations, (ii) fees charged by the Service Provider due by the Account Holder under the Framework Agreement, or (iii) the reversal of a Card transaction.
11.4.1 Credit to the Account for Funds Transferred by Card by Users
The payment for the purchase of a good or service on the Site by a User can be made by Card (or any other means accepted by the Service Provider), in one or multiple transactions. When the User wishes to proceed with such an operation, they identify themselves on the Site by entering their User (valid email address) and password or by connecting via their Facebook account. The fund transfer order is entered on a dedicated Payment Page. For any payment, the User may be asked to enter a one-time code sent to their mobile phone to authenticate the transaction with the Card issuer. If applicable, the Service Provider reserves the right to refuse any payment at its discretion without any compensation obligation. The fund transfer operation is executed by the Card issuer. Any dispute of such a transfer must be reported to the issuer. The Service Provider is not authorized to cancel a transfer.
The Account Holder is informed that the acceptance of a payment transfer order by Card by the Service Provider does not guarantee that the Account Holder will receive the corresponding funds in their Account. Crediting of the funds to the Account Holder's Payment Account is conditioned on the effective receipt by the Service Provider of the collected funds minus the fees agreed in the Particular Conditions.
If funds are not received for technical reasons, the Service Provider will make every effort to regularize the operation. If funds are not received for any other reason, the Service Provider will promptly inform the Account Holder of its inability to credit the expected amount to their Account so that they can contact the User.
If the transfer of funds credited to the Account Holder’s Account is canceled by the Card issuer following a dispute by the User, the Account Holder agrees that the Service Provider may reverse any Card fund transfer transaction by debiting the Payment Account of the corresponding amount. The Account Holder acknowledges that such a dispute may be raised with the Card issuer up to a maximum of 13 months from the debit date of the account associated with the Card. In the absence of sufficient funds in the Account for such a reversal, the Service Provider may suspend or cancel any Payment Transaction initiated by the Account Holder or a Mandate Holder, or, if applicable, take over the Account Holder’s rights and recover the amounts owed by the User by any means.
11.4.2 Refund
The Account Holder can at any time send an instruction to cancel a Card fund transfer to refund a designated User for the purchase price of goods or services as per the commercial conditions set by each Merchant. The Account Holder identifies themselves on the Site by entering their ID and password. They specify in their personal environment on the Site the refund amount, currency, the User to be re-credited, and any other required information.
The refund transaction is processed by the Service Provider by crediting the User's Card used for the original transaction within the rules of each network and within 5 Business Days following the receipt of the refund request by the Service Provider.
11.4.3 Execution of a Payment Transaction
When the Account Holder or the Platform authorized by the Account Holder wishes to carry out a Payment Transaction, they identify themselves on the Site by entering their ID and password. They enter on the Payment Page: the amount of the Payment Transaction, currency, the Payment Account to be debited, the Order execution date, and any other required information. If no date is specified, the Order is deemed immediate. The transfer is exclusively made to the registered account of the Account Holder, who alone can change the destination account by sending the Service Provider a bank identity statement for the new account. The Payment Order becomes irrevocable when the Platform clicks the validation button. Receipt of the Payment Transaction is then confirmed by the Service Provider on the Platform's personal page ("Date of Receipt").
Before submitting a Payment Order, the Account Holder (or the Platform acting on their behalf) must ensure they have sufficient available funds in their Account to cover the amount of the Payment Transaction and any applicable fees as per the Particular Conditions. If needed, they must credit their Account before the Order can be validly submitted to the Service Provider for execution.
It is expressly agreed that Payment Orders will be executed no later than the end of the Business Day following the Order’s Date of Receipt by the Service Provider (or the agreed execution date for scheduled or recurring transfers). If the Date of Receipt is not a Business Day, it will be deemed the next Business Day for any Order placed after noon. The Account Holder may at any time submit a request for a transfer order to a designated beneficiary with a bank or payment account in an institution authorized in an EU or EEA member country or in a third country imposing equivalent anti-money laundering and counter-terrorism financing obligations.
The Account Holder must provide the purpose of each transfer. The Service Provider may refuse to execute an incomplete or incorrect transfer Order. The Account Holder must resubmit the Order to ensure compliance. Furthermore, the Service Provider may block a transfer Order if there are serious doubts regarding fraudulent use of the Payment Account, unauthorized use, security concerns, a freeze order by an administrative authority, or any other reason.
No Order can be withdrawn by the Account Holder or the authorized Platform after the irrevocability date, which is from the Date of Receipt.
11.5 Reporting Lost or Stolen ID, Disputing Transactions, and Reporting
11.5.1 Reporting a Lost or Stolen ID
The Account Holder must inform the Platform of the loss or theft of their ID, any misappropriation, or any unauthorized use of it or their data as soon as they become aware, in order to request its blocking. This report must be made:
- by calling customer service at the number indicated in the Particular Conditions
- or directly via electronic message through the contact form available on the Site.
Neither the Service Provider nor the Platform can be held liable for the consequences of a block request sent by fax or email if it does not come from the Account Holder.
11.5.2 Disputing a Transaction
For any complaint regarding Payment Transactions executed by the Service Provider under this Framework Agreement, the Seller is invited to contact the Platform’s customer service or the address specified for this purpose in the Site’s Terms and Conditions.
If an Order is executed by the Service Provider with errors due to its own fault, the Dispute is forwarded as soon as possible to the Service Provider, the Order is canceled, and the Account is restored to the state it was in before the Payment Order was received. The Order is then correctly represented.
The Account Holder wishing to dispute an Unauthorized Transaction by them or the Platform acting on their behalf must contact the Platform's customer service by phone as soon as they become aware of the anomaly, and no later than eight (8) weeks following the entry of the transaction into the account. The Platform is responsible for promptly transmitting the dispute to the Service Provider. After validation of the legitimacy of the request forwarded by the Platform to the Service Provider, the latter will cancel the Order and restore the Account with a temporary credit as if the disputed transaction had never occurred. After investigating the validity of the dispute, the Service Provider will adjust the Account accordingly and is authorized to reverse any entries made improperly.
In case of loss or theft of the security device (ID and password), unauthorized transactions executed before the notification of the block are the Account Holder’s responsibility. Transactions performed after the block are covered by the Service Provider, except in cases of fraud. Fees indicated in the Particular Conditions may be charged in the event of an unjustified dispute of a Transaction.
11.5.3 Reporting
The Account Holder can access their personal page on the Site at any time.
On the personal page of the Site, they have a record of Payment Transactions made on the Account. They are encouraged to carefully review this list of Transactions.
The Service Provider makes a monthly Account statement covering the previous 13 months available to the Account Holder upon written request.
11.6 Contract Modification
The Service Provider reserves the right to modify the Framework Agreement at any time. Modifications will be made accessible by the Platform to all Users on the Site. Any Account Holder may refuse the proposed modifications and must notify their refusal to the Platform’s customer service by registered letter with acknowledgment of receipt, sent 2 months before the effective date of the proposed modifications (postmark as proof), to the Service Provider’s headquarters address indicated on the first page.
If no refusal is notified before the effective date indicated, the Account Holder is deemed to accept the proposed modifications.
The relationship between the Parties after the effective date will then be governed by the new version of the Framework Agreement.
It is therefore important that the Account Holder regularly checks their emails and reviews the Framework Agreement, accessible online on the Site at any time.
If the Account Holder refuses, this refusal will result, at no cost, in the termination of the Framework Agreement, as well as the transfer of the Payment Account balance within 13 months following the termination’s effective date to cover any future disputes.
11.7 Security
The Service Provider undertakes to provide its services in compliance with applicable laws, regulations, and best practices. In particular, the Service Provider will do everything possible to ensure the security and confidentiality of the Account Holders’ data, in accordance with applicable regulations. The Service Provider reserves the right to temporarily suspend online Account access for technical, security, or maintenance reasons without these operations entitling the Account Holder to any compensation. The Service Provider is committed to limiting such interruptions to the strict minimum necessary.
However, the Service Provider cannot be held responsible to the Account Holder for any errors, omissions, interruptions, or delays in operations conducted via the Site due to unauthorized access. The Service Provider also cannot be held responsible for thefts, destruction, or unauthorized disclosure of data resulting from unauthorized access to the Site. Moreover, the Service Provider remains uninvolved in the legal relationship between the User and the Account Holder. The Service Provider cannot be held responsible for any faults, failures, or negligence of the User or the Account Holder towards each other.
The Platform is solely responsible for the security and confidentiality of data exchanged when using the Site in accordance with the Site’s General Conditions, while the Service Provider is responsible for the security and confidentiality of data exchanged with the Account Holder concerning Account creation and management, as well as the Payment Operations associated with the Account.
11.8 Limitation of the Service Provider's Liability
The Service Provider does not intervene in any way in the legal and commercial relationships and possible disputes arising between the Account Holder and the User or between the Account Holder and the Platform. The Service Provider exercises no control over the compliance, safety, legality, characteristics, and appropriateness of products and services subject to a Payment Operation.
Each operation carried out by the Account Holder results in a contract directly formed between them and the Users to which the Service Provider is unrelated. Consequently, the Service Provider cannot be held responsible for the failure to perform or the improper performance of obligations resulting from these transactions, nor for any potential damages caused to the Account Holder.
Notwithstanding any contrary provision in this Agreement, the Service Provider's liability towards an Account Holder is limited to compensating for direct damages as provided by regulation.
11.9 Account Holder’s Commitments
The Account Holder guarantees that no element of their profile on the Site infringes on third-party rights or violates laws, public order, or morals.
The Account Holder agrees not to:
11.9.1. Execute the Framework Agreement in an illegal manner or in conditions likely to damage, disable, overload, or alter the site;
11.9.2. Impersonate another person or entity, falsify or hide their identity, age, or create a false identity;
11.9.3. Share personal data or information related to a third party, such as postal addresses, phone numbers, email addresses, bank card numbers, etc. In case of non-compliance with their obligations, the Service Provider may take any appropriate measure to stop the concerned behavior. It may also suspend, delete, and/or block the Account Holder’s access to their Account.
11.9.4. Without prejudice to legal actions initiated by third parties, the Service Provider has the right to exercise personal legal action to seek redress for damages it has personally suffered due to the Account Holder's breaches under this Agreement. If the Account Holder observes any violation of the obligations mentioned above, they are invited to inform the Service Provider of these actions by contacting customer service at legal@mangopay.com.
11.10 Duration and Termination
The Framework Agreement is concluded for an indefinite period. It comes into effect upon its acceptance by the Account Holder.
The Account Holder may terminate the Framework Agreement at any time by giving 30 (thirty) calendar days' notice. The Service Provider may also terminate the Framework Agreement at any time by giving 2 months' notice.
This termination entails the termination of the entire Framework Agreement and, consequently, the closure of the Account.
Each Party must notify the other Party of the termination by registered letter with acknowledgment of receipt, sent to the postal and email addresses specified in the Special Conditions.
The Account balance will be transferred to the Account Holder's bank account within 13 months after deducting fees owed and payable to the Service Provider. If the Account balance exceeds the limit specified in the Special Conditions, the amount exceeding this limit will be transferred to the Account Holder's bank account within 30 days following the termination's effective date, after deducting the fees owed and payable to the Service Provider. The Service Provider is released from any obligation once it has confirmed the transfer to the designated bank account.
In cases of serious breaches, fraud, or unpaid fees by the Account Holder, the Service Provider reserves the right to suspend or terminate the Agreement by sending an email accompanied by a registered letter with acknowledgment of receipt, without reason or notice.
It is stipulated that the Framework Agreement will automatically terminate in the event of new circumstances affecting a Party's ability to comply with the Agreement.
11.11 Right of Withdrawal
The Account Holder has a period of 14 (fourteen) full calendar days to exercise their right of withdrawal without justification or penalty. This withdrawal period begins from the day of their registration as an Account Holder. The Account Holder must notify their withdrawal request within the specified period to the Platform’s customer service by phone or email and send a confirmation letter to the Platform’s customer service address. Exercising the right of withdrawal will result in the termination of the Framework Agreement without any fees.
11.12 Anti-Money Laundering and Counter-Terrorist Financing Regulations
The Service Provider is subject to all Luxembourg and French regulations related to anti-money laundering and counter-terrorist financing.
In accordance with French and Luxembourg law regarding financial institutions' participation in the fight against money laundering and terrorist financing, the Service Provider is required to obtain information from any User regarding the origin, purpose, and destination of transactions or the Account's opening. The Service Provider must also carry out all necessary diligence to identify the Account Holder and, if applicable, the Account’s beneficial owner and/or associated Payment Operations.
The Account Holder acknowledges that the Service Provider may terminate or delay the use of an identifier, access to an Account, or the execution of an Operation if insufficient information is available on its purpose or nature. The Account Holder is informed that an operation conducted under this Agreement may be subject to the national financial intelligence unit's right to communication.
The Account Holder may access all information thus provided, provided that this right of access does not compromise the anti-money laundering and counter-terrorist financing objective when these data relate to the applicant.
No prosecution or civil liability action may be taken, nor any professional sanction imposed against the Service Provider, its officers, or employees who have made suspicious reports to their national authority in good faith.
11.13 Personal Data and Professional Secrecy
The Account Holder’s personal data provided when opening their Account is used by the Service Provider for Account management and Payment Operations.
The Account Holder agrees that the contact and personal information collected by the Service Provider under this Agreement may be shared with operational providers with whom the Service Provider has contractual relationships solely for executing Payment Operations and services, provided these third-party recipients of personal data are subject to regulations guaranteeing a sufficient level of protection. The list of third-party data recipients is available upon request from the Service Provider’s compliance officer at: legal@mangopay.com. These details are kept by the Service Provider or any authorized entity under the legal and regulatory conditions.
The Account Holder will be informed before any transfer of their personal data outside the European Union. In such cases, the Service Provider commits to complying with applicable regulations and implementing all necessary measures to ensure the security and confidentiality of the transferred data.
Some information collected and held by the Service Provider under this Agreement may be subject to access and rectification rights. Any Account Holder may obtain a copy of the information concerning them at any time upon simple request to the Service Provider’s customer relations representative at: legal@mangopay.com. They may request deletion or rectification of this information in writing at the address specified at the beginning of this Agreement. They may at any time opt-out of receiving commercial solicitations, update their contact details, or prevent their data from being shared by sending a registered letter or email with acknowledgment of receipt to the Service Provider’s customer service address.
The Service Provider will retain the personal data and information for the maximum legal or regulatory duration applicable according to the purpose of each data processing.
The conditions for collecting, holding, and accessing the personal data collected by the Platform and under its responsibility for accessing the Site are governed by the Site’s General Conditions and the privacy policy available on the Site.
11.14 Inactive Accounts
Any Account inactive for a period of 12 months will receive an inactivity notification by email from the Service Provider, followed by a reminder one month later.
In the absence of a response or use of the balance credited to the Account within this period, the Service Provider may close the Account and keep it solely for the purpose of transferring the amounts due to the Account specified by the Account Holder. In the event of death, the balance can only be refunded to the Account Holder's heirs.
The Account will no longer permit the execution of Payment Operations.
11.15 Force Majeure
The Parties are not held liable, or deemed to have defaulted under these terms, in case of delay or non-performance, when the cause is related to a case of force majeure as defined by the jurisprudence of French courts.
11.16 Independence of Contractual Provisions
If any provision of this agreement is deemed void or unenforceable, it will be considered unwritten but will not invalidate the other provisions.
Should one or more provisions of this agreement become invalid or be declared so by law, regulation, or a final decision by a competent court, the other provisions will remain enforceable and effective. The invalid or unenforceable provisions will be replaced by provisions that closely reflect the intended meaning and scope of the originally agreed provisions.
11.17 Protection of Funds
The Account Holder's funds are deposited, by the end of the Business Day following the day they were received by the Service Provider, in a segregated account with a bank under regulatory conditions.
Pursuant to Article 24-10 (5) of the Luxembourg law of May 20, 2011, published in Mémorial A No. 104 of May 24, 2011, and Article 14 of the law of November 10, 2009, published in Mémorial A No. 215 of November 11, 2009, implementing Directive 2009/110/EC of the European Parliament and of the Council of September 16, 2009, on the access to the activity of electronic money institutions, collected funds are protected and do not fall within the assets of the electronic money institution in case of liquidation, bankruptcy, or any other insolvency situation.
11.18 Non-Assignability
The Framework Agreement may not be assigned in whole or in part by the Account Holder for valuable consideration or for free. Therefore, it is prohibited to transfer any rights or obligations under this agreement to a third party. In case of violation of this prohibition, in addition to the immediate termination of this agreement, the Account Holder may be held liable by the Service Provider.
11.19 Fees and Setoff
The services provided under this agreement are billed by the Platform on behalf of the Service Provider in accordance with the Special Conditions. Pricing specific to each type of offer is specified in the Special Conditions.
All fees due by the Account Holder are automatically debited from the Payment Account by the Service Provider. The Account Holder authorizes the Service Provider to set off at any time, including after Account closure, any certain, liquid, and payable claim still owed by the Account Holder to the Service Provider. The Service Provider may offset the balance of the Payment Account with any due, payable, and unpaid amount owed by the Account Holder to the Service Provider.
In case of late payment of fees due and payable by the Account Holder to the Service Provider, the Account Holder will owe late interest from the due date until full payment. The applicable interest rate will be calculated at twice the annual statutory interest rate published semiannually for businesses. The amount of late interest due will be the product of the outstanding amount by the specified annual legal rate and the number of days late divided by 365.
11.20 Data Proof Agreement
All data recorded permanently, reliably, and securely in the Service Provider's database, specifically regarding Payment Orders and notifications, shall constitute proof of the parties' communications and transactions.
11.21 Complaints
The Account Holder is invited to contact the customer service specified on the Site for any complaints.
Any complaint other than that provided for in Article 5.2 concerning the conclusion, execution, or termination of the Framework Agreement must be notified by registered letter with acknowledgment of receipt addressed to the following department: legal@mangopay.com.
11.22 Applicable Law and Jurisdiction
Unless a mandatory public order law applies (which will only apply to the extent of its purpose), it is expressly stipulated that this Framework Agreement is governed by French law and that any dispute between the Parties regarding this Agreement will be subject to the jurisdiction of the competent French courts.