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General terms and conditions of “DEFERRED PAYMENT”, “PAYMENT IN 3X” and “PAYMENT IN 4X”

Conditions in effect at June 15, 2023

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The purpose of these general terms and conditions is to define the conditions of the payment offers (the “General Terms and Conditions”) made by FLOA Société Anonyme (“FLOA”), incorporated under French law with the share capital of €72,297,200.00, registered in the Bordeaux trade register under the number 434 130 423, whose head office is located at Bâtiment G7, 71 Rue Lucien Faure à Bordeaux (33300), FRANCE. 

The “deferred payment”, “payment in 3X” and “payment in 4X” allow certain Internet users, customers of the merchant site, to pay for their orders in installments with their credit card. In accordance with

In accordance with article 2, para. 1, let. f) of the DecreeLaw no. 133/2009 of 2 June, the provisions set forth in the mentioned decree-law do not apply to these General Terms and Conditions due to the absence of interest, the short duration of the credit and the insignificant charges which are collected under this contract.

These General Terms and Conditions remain however subject to the transparency rules applicable to distance credit agreements offered by banks to Portuguese customers, as set out by Decree-Law no. 95/2006 of 29 May (the “DL no. 95/2006”).

1. Conditions relating to the borrower:

The payment in instalments offers are reserved to individuals (adult individuals) residing in the Portuguese territory acting as consumers within the meaning of the article 2. let. e) of the DL no. 95/2006 and using a bank card for the payment of their order on the merchant site. 


Regarding the bankcard used by the client:

  • The bankcard must be a Visa or Mastercard bankcard; and

  • The period of validity of the card used must be after the payment date of the last due date; and

  • The client must be the cardholder; and

  • Systematic authorization cards such as Electron or Maestro, e-cards, Indigo and American Express cards are not accepted (non-exhaustive list.

The payment in instalments offer is exclusively available for customers selected by FLOA and/or its partners.

2. Conclusion of the contract:

After confirming the basket on the merchant site, the client is redirected to the “Choice of payment method” page. In order to benefit from payment in instalments by bank card of the order, the customer will choose its payment method.

The methods proposed to the customer depend on the site. The offers proposed by the site are only those available on the “Choice of payment method” page. In any case, the maximum period between the payment of the first and the last instalment is three (3) months.

“Deferred payment in 1X” offer

Order to be paid up to 14 or 30 days following the day of validation of the order.


Details of the charges for “deferred payment in 1X with NO CHARGE“ offer: 

Amount of the order Insignificant charges APR
50 - 1000 € 0€ 0%

“Payment in 3X” offer

The customer’s timetable for repayment will begin on the day the order is validated (hereinafter “D”) and will be fixed as follows:


  • R1 = 1st instalment on D;

  • R2 = 2nd instalment on R1 + 30 days;

  • R3 = 3rd instalment on R2 + 30 days.

Details of the charges for “payment in 3X with NO CHARGE“ offer

Amount of the order Insignificant charges APR
50-2500€ 0€ 0%

“Payment in 4X” offer

The customer’s timetable for repayment will begin on the day the order is validated (hereinafter “D”) and will be fixed as follows: 

  • R1 = 1st instalment on D;

  • R2 = 2nd instalment on R1 + 30 days;

  • R3 = 3rd instalment on R2 + 30 days;

  • R4 = 4th instalment on R3 + 30 days.

Details of the charges for “payment in 4X with NO CHARGE“ offer:

Quantidade do pedido Encargos insignificantes TAEG
50-2500€ 0% 0%

The payment of the order in “payment in instalments” by credit card is carried out by the technique known as “double-click”: once the payment in instalments has been selected on the “choice of payment method” page of the merchant site, the customer shall read these General Terms and Conditions and then notify his/her electronic acceptance of this payment option and of the general conditions applicable to this payment option by clicking on the “validate” button.

 The customer acknowledges that the “double click” constitutes consent to contract and constitutes as well an irrevocable and unreserved acceptance of these General Terms and Conditions.

Furthermore, in accordance with art. 232 of the Portuguese Civil Code, you acknowledge that the “double click” associated with acknowledgment of having read the General Terms and Conditions constitute specific consent and constitute an irrevocable and unreserved acceptance of the following clauses: art. 3 (Formation of the contract); art. 4 (execution of the contract); and art. 8 (Proof).

FLOA will automatically archive the contract, and upon written request, the customer may have access to it.

3. Formation of the contract:

FLOA may refuse to grant the payment in instalments offer to the customer within 14 calendar days of the acceptance of the offer by the customer.


4. Execution of the contract:

  1.  By validating the request for “payment in instalments”, the customer requests the immediate execution of the contract with FLOA pursuant to the proposal set forth in these General Terms and Conditions without waiting for the expiry of the withdrawal period as provided for in Article 6 below. If the customer exercises her/his right of withdrawal, the customer will be required to pay an amount proportional to the financial service actually provided.

  2.  In the case of default on customer’s part in repayments, FLOA may demand immediate repayment of the outstanding principal, plus any insignificant charges that may be due but not paid. FLOA may also ask the customer for compensation equal to no more than 3% of the capital due and in any case within the mandatory law provisions in force from time to time on default interest. Even if FLOA does not demand immediate repayment of the outstanding principal, the said compensation may still be required in addition to the payment of unpaid maturities.

  3. FLOA may give a mandate to any company of its choice within the framework of the management of monthly payment calls and / or their collection.

5. Withdrawal of acceptance:

In accordance with articles 15 let.) a) and b), 19 and 20 of the DL no. 95/2006, after having accepted the proposal provided in these general conditions by FLOA, the customer can revoke her/his commitment by any means of the attached detachable form, within 14 calendar days from his/her acceptance of these General Terms and Conditions.

In no case does the exercise of this right of withdrawal give rise to a recording on a file.
 

6. Order cancellation:

In the case of cancellation of the entire order placed on the merchant site, FLOA will (i) reimburse the bank card used to place the order of the amount of instalments already debited and (ii) cancel future instalments. The customer will also be refunded for insignificant charges.

In the event of partial cancellation of the order placed on the merchant site, FLOA (i) will reimburse the credit card for the amount possibly overpaid, i.e. the difference between the amount of the cancelled order and the amount of the instalments already paid and (ii) will cancel future instalment debits. In this case, the customer will not be refunded for the insignificant charges.

7. Borrower information:

Any information in connection with the conclusion or execution hereof, may be sent to the customer by FLOA, electronically.


8. Proof

The Parties agree that, unless proved otherwise, any data, file, recording or any transaction received and / or stored on the merchant site or on any other computer or electronic medium of FLOA; as well as their reproduction on any other medium, constitute proof of all transactions between the customer and FLOA.


9. Data processing and Freedoms - Sharing of banking secrecy

The information collected under this contract is mandatory for the study of customer’s request.

To find out about the processing operations carried out on the personal data, the customer may read the Privacy Policy available on FLOA’s website or by clicking on the following link: https://www.floapay.pt/privacy-policy-Portugal

10. Consumption - Mediation:

Should the customer you have any questions, the customer may contact an adviser by sending an email to: contact@floa.com


If answers given do not seem to be satisfactory, the customer can send a written complaint:

  • by mail to the consumer service:
    FLOAPAY - FLOA Bank Bâtiment G7 71 rue Lucien Faure, 33000 BORDEAUX FRANCE 

  • by email to: contact@floa.com.

Should the parties fail to find an agreement, the customer can contact the French Médiateur de l’ASF (Association française des Sociétés Financières) by mail at: Monsieur le Médiateur de l’ASF, 75854 PARIS CEDEX 17, FRANCE and this without prejudice to other legal remedies or actions.

11. Miscellaneous conditions:

By express agreement, this offer constitutes for FLOA a promissory note transferable by simple endorsement. The claim inherent in this offer is subject to securitization. In such a case, FLOA may at any time transfer the recovery of his debt in whole or in part to a credit institution or to the Caisse des Dépôts et Consignations, to do so, the borrowers must be informed by simple letter.

As part of any communication between FLOA and the customer, the customer accepts that FLOA communicate with him/her in Portuguese. The customer also agrees to communicate with FLOA in Portuguese.

In the event that one or more clauses of these General Terms and Conditions become void following a change in legislation or by a court decision, this can in no way affect the validity of the other clauses, which will remain applicable. FLOA reserves the right to change these General Terms and Conditions, in particular by making available new services or by modifying/eliminating certain services described therein. The text of the new General Terms and Conditions shall be provided to the customer at the time of the request to use “payment in instalments” and shall be read and accepted by the customer in accordance with the procedure set out in art. 2 above.

12. Supervisory authority:

FLOA is a credit institution under French law approved by the Prudential Control and Resolution Authority - whose head office is located at 4 Place de Budapest CS 92459, 75436 Paris - and authorized to exercise its activities in Portugal by virtue of the freedom to provide services, in accordance with art. 60 and 61 of the Decree-Law no. 298/92 of 31 December.


13. Applicable law:

These General Terms and Conditions are subject to Portuguese law in compliance with the rules of necessary application for the protection of consumer rights. Any disputes that may arise between you and FLOA in relation to these General Terms and Conditions, including disputes relating to the execution, interpretation and validity of the same or of individual clauses, as well as disputes relating to   possible claims for damages will be devolved to the exclusive jurisdiction of the court with territorial competence in accordance with the Portuguese Civil Procedure Code.

_____________________________________________ “PAYMENT IN INSTALMENTS” WITHDRAWAL SLIP

Ciseaux

_____________________________________________ “PAYMENT IN INSTALMENTS” WITHDRAWAL SLIP

To be returned only if you wish to withdraw from this offer at the latest within fourteen calendar days of your acceptance, by registered letter with acknowledgment of receipt to: FLOA Nx - FLOA Bank Bâtiment G7 71 rue Lucien Faure, 33000 BORDEAUX FRANCE. This withdrawal is only valid if it is sent before the expiration of the time limits mentioned in the article “withdrawal of acceptance” above, legibly and perfectly completed. I, the undersigned, …….…….……. born on …….……. living at …….…….……. (city and zip code) declares to renounce to the credit offer of …….……. Euros of FLOA that I had accepted on …….……. for the acquisition of …….……. (product) Order Number…….……. .