Terms and Conditions of Use – Visa® Reloadable Debit Card
This agreement (hereinafter the "Agreement
") consists of the Terms and Conditions of Use and Special Terms and Conditions of the Visa® Reloadable Debit Card issued by the Bank R. Raphael & Sons plc. (hereinafter the "Card
The first time the Holder uses the Card, he accepts fully and without reservation these Terms and Conditions of Use and their Special Terms and Conditions of which he has been advised before agreeing to them.
The Holder is asked to read carefully and in full these Terms and Conditions and their Special Terms and Conditions, and keep them so that he can refer to them as often as needed.
Article 1: Definitions
R. Raphael & Sons plc. ("Banque RAPHAEL
" or "Issuer
"): means R. Raphael & Sons plc., the financial institution under English law issuing the Card.
: means ANYTIME, as agent responsible for distributing the card, as well as the administrative and technical management of the card, including Customer Service for the Card.
: means the Visa® Reloadable Debit Card that allows the Holder to access the available funds that have been previously loaded on the Card. The Holder can (i) withdraw funds via an Automatic Teller Machine ("ATM
") or (ii) pay at all points of sale accepting Visa® cards and provided with any Electronic Payment Terminal ("EPT
The Card remains at all times the property of Banque RAPHAEL and must be returned on request. The Card is not transferable and authorisation to use it may be revoked at any time, in accordance with article 14 below.
"Cash withdrawals" option
: cash withdrawals unabled at ATM or from bank reception desks.
: means the owner of the pool of funds available who is duly authorised to use the Card under this Agreement.
Personal Identification Number ("PIN" or "PIN code")
: On receipt of the Card, a personal PIN Code will be provided to the Holder. The Holder must take all measures to ensure the security of this Code. The Holder must keep it absolutely secret.
Interactive Voice Server (IVS)
: a voice server that allows the Holder to perform certain transactions on the Card, in particular to activate it, to change the PIN Code, to make transfers, to view available balances, and to resolve various problems that can arise with the Card or the available funds. The Interactive Voice Server may be accessed at the number indicated in the Special Terms and Conditions.
: means the department responsible for providing support for the Card, accessible by telephone, e-mail or ordinary mail. The telephone number, e-mail and postal address information for the Customer Service department are given in the Special Terms and Conditions of Use.
: an optional service used by the Holder to perform certain transactions (activation, transfer, viewing of balance) by SMS. The SMS Service is accessible on the number given in the Special Terms and Conditions of Use.
: means the website published by ANYTIME, on which the Holder may perform certain operations on his Card, including activation, viewing and printing of all transactions made on the Card, viewing of the balance, transfers, blocking and unblocking, as well as resolving problems that may arise with the Card or the available funds. The Site is accessible at the URL addresses given in the Special Terms and Conditions of Use.
Article 2: Purpose of the Card
The Card is a reloadable Visa® card featuring immediate debit and systematic authorisation, with a request for a confidential PIN Code.
Important: Holder's signature on the back of the Card is mandatory.
The Holder agrees to familiarise himself with and follow the steps required to activate the Card.
Article 3: Issue of the Card
The Card is issued by Banque RAPHAEL, which remains the Card’s owner, at the Holder's request, subject to acceptance by Banque RAPHAEL.
The Card is strictly personal and its Holder must sign the Card when it is received. The Holder is strictly prohibited from lending the Card or giving it to another person.
Banque RAPHAEL forbids the Holder of the Card from placing adhesive tags and stickers or writing anything on the Card except his signature.
Banque RAPHAEL forbids the Holder of the Card from making any functional or physical alteration to the Card that could prevent its functioning and that of the electronic equipment in any manner whatsoever.
Issue of the Card and changes to the Card limits are conditional, if applicable, on provision by the Holder of supporting documents proving his identity and address, according to the limits of the card and the relevant provisions of anti-money laundering legislation. Signing up to the Agreement means consent to the provision of the above information.
The issue of the Card or change of limit will be refused if the Holder declines to supply the required supporting documents.
Article 4: Card activation procedure
The Card cannot be used unless it has been activated by the Holder beforehand.
On receipt of his Card, the Holder will receive an activation code (hereinafter the "Activation Code
"). This Activation Code is essential because the Card cannot be activated or used without it.
The Activation Code is used to activate the Card using an activation procedure that will be sent to the Holder with his Card, and which can be used in accordance with the methods described in the Special Terms and Conditions.
Article 5: Using the Card
The Holder may use his Card to purchase goods or services anywhere that Visa® debit cards are accepted, provided that he does not exceed the amount available on his Card, and provided that the EPT or ATM used is connected in real time to the Visa® approval network, his card being subject to routine authorisation and (ii), the restrictions listed in article 5.5. hereto.
Certain EPTs, particularly in trains and ships (bar cars, etc.), and certain machines (parking lots, video clubs, toll booths, etc.) are not connected in real time to the Visa® approval network and cannot accept the Card.
The Holder agrees to use the Card and/or its number exclusively in the Visa® network.
Article 5.1: Overview
The Holder cannot use his Card for illegal or illicit transactions.
A merchant may refuse to accept the Card if it is not signed. The Holder is solely responsible for transactions conducted using his Card.
The Card may be used without being presented for a purchase by mail order, by Internet or by telephone by providing the Card number. The Holder may use his Card to withdraw cash from an ATM within the limits specified in the Special Terms and Conditions. Furthermore, it is possible that, in some countries, the institutions owning the ATM terminals may themselves apply a maximum amount per withdrawal, which Banque Raphael does not know and over which it has no control.
Article 5.2: Personal Identification Number
A personalised security system is provided to the Holder of the Card in the form of a PIN that is provided confidentially and solely to him. The Holder of the Card must take all appropriate measures to ensure the security of his Card and the PIN Code and, more generally, any other component of the personal security system. He must therefore keep the PIN Code absolutely secret and not give it to any other person. He must not write the PIN Code on the Card or on any other document intended to be kept with the Card and must prevent other persons from seeing it.
However, it is recommended that the PIN Code not be written down on any medium whatsoever.
Holders agree never to provide their PIN Code by telephone or on the Internet. Banque RAPHAEL, Visa® or ANYTIME will never ask the Holder to give his PIN code, neither on the Site, nor on the Interactive Voice Server, nor via SMS or by phone, with the exception of the PIN Code change procedure, where the Holder will be required to disclose it by passing through the Interactive Voice Server.
This PIN Code is essential when using the Card in ATMs and EPTs.
The number of successive attempts to enter the PIN Code is limited to 3 on this kind of electronic equipment, with the risk in particular of the Card being confiscated or invalidated on the 3rd unsuccessful attempt.
Article 5.3: Available funds
Each withdrawal or payment, and in general each transaction made using the Card may result in the application of withdrawal or payment fees in accordance with the table of the financial terms of the Card appearing in the Special Terms and Conditions. These withdrawal or payment fees are deducted immediately from the Card's balance.
When these fees are linked to a transaction that results from a related service without using the Card, it will be carried out provided that an adequate amount is available, and the related fees will be debited from the Card's balance separately.
The Holder must, before each withdrawal and under his own responsibility, ensure that the amount available on the Card is sufficient. Each time that the Holder uses his Card, the value of the transaction plus any applicable fees will be debited from it. If the value of the transaction plus any applicable fees exceeds the balance of the funds available on the Card, the transaction will be declined, and the applicable fees will be charged to the Card in accordance with the terms set forth in the Special Terms and Conditions. These fees cannot exceed the amount of the payment order.
The Holder cannot cancel any payment of a transaction initiated by the use of his Card. If the Holder authorises a transaction and then later does not make the purchase, the debit authorisation may block the corresponding amount for a period of up to fifteen (15) days.
Payments made on some machines, such as automatic fuel dispensers, generate a pre-authorisation to reserve an amount that may be greater than the payment requested. In this case, the request for authorisation may result in denial of the transaction and the associated payment. For services offered by these machines, the Holder must ensure his Card has adequate funds to meet the amount required by the pre-authorisation.
Article 5.4: Reloading
The Card may be reloaded as applicable in the Special Terms and Conditions.
Article 5.5: Restrictions
The restrictions on using the Card are specified in the Special Terms and Conditions.
Article 6: Related Services
Article 6.1: Viewing the Card balance and transactions
The Holder may view the balance on his Card either by logging into the Internet Site, or by querying the Interactive Voice Server, or by SMS, using the information and according to the procedures described in the Special Terms and Conditions.
The Holder may also view transactions made with the Card from the Site.
Article 6.2: Available balance statements
The terms governing available balance statements are contained in the Special Terms and Conditions.
Article 6.3: Help
Article 6.3.1: Need for help
The Holder may contact Customer Service on the number on the back of his card. The Customer Service department is open during the times shown in the Special Terms and Conditions of Use. The IVS, however, is available for a Holder's use 24 hours a day, seven days a week to notify us of lost or stolen Cards and perform any transaction on his Card. The Holder may also log into the Site.
Article 6.3.2: Loss, theft or unauthorised use
If a Card is lost or stolen, or if the Holder suspects someone else knows His PIN or has used His Card, He must inform Banque Raphael immediately via the IVR, by SMS or via the Website in compliance with the procedures set out in the Special Terms. He may be required to assist Banque RAPHAEL, ANYTIME agents or the Police if the Card is lost or stolen or Banque RAPHAEL suspect the Card is being misused. A Stop Payment will be processed in accordance with clause 21 of these General Terms.
The Holder may be liable for losses up to EUR 60 resulting from any unauthorised transactions arising from the lost or stolen Card, or from the misappropriation of the Card where the Holder has failed to keep His personalised security information related to the Card confidential and secure. The Holder will not be liable for any losses arising after He has reported a Card lost or stolen to Banque RAPHAEL unless the Holder has acted fraudulently, negligently or in breach of this Agreement (see below).
If the Holder has acted fraudulently, intentionally, with gross negligence or by breaking any important term or repeatedly breaking any term and failing to remedy it, the Holder will be liable for all losses arising as a result.
Article 6.3.3: Temporary blocking of the Card
The Holder may request to have the Card temporarily blocked.
It can then be unblocked at any time, either by logging into the Internet Site, or by querying the Interactive Voice Server, or by SMS, using the information and according to the procedures described in the Special Terms and Conditions of Use.
However, this temporary blocking does not exonerate the Holder of the Card from stopping payment as soon as possible in the case of loss, theft, misuse or fraudulent use of the Card or of the related data, under the conditions stipulated in article 21 – Stopping Payment.
Article 7: International Transactions
If the Holder's purchase is denominated in a currency other than the euro, the amount debited on his available funds will be converted by a Visa® centre on the day of processing of the transaction by that centre and according to its currency exchange terms. The exchange rate applied is the one in force on the date of processing by Visa®.
Any fees are set and notified by Banque RAPHAEL and are shown in the Special Terms and Conditions of Use.
Article 8: Duration/Termination
Article 8.1: Duration
This Agreement becomes effective on first use of the Card and is concluded for the period of validity of the Card and renewable by the silence procedure for periods equal to the period of validity of the Card. In the event of termination by either Party, the provisions of this Agreement shall remain in effect until the card has been returned by the Holder.
Article 8.2: Termination
The Agreement may be terminated at any time in writing by the Holder of the Card sending a registered letter with return receipt to ANYTIME, as Administrative and Technical Manager of the Card, with thirty (30) days' notice. The Agreement may be terminated at any time by Banque RAPHAEL without notice in the cases outlined in article 14 of this Agreement.
The Holder will have a notice period of thirty (30) days to spend all funds remaining on his Card or to withdraw them from an ATM. If the amount available on the Card is not adequate for a withdrawal at the ATM (less than 10 Euros), the Issuer may, at the Holder's request, send him a reimbursement check, a bank transfer or give him cash in Anytime's premises, less management and delivery fees in the amount shown in the Special Terms and Conditions.
The Holder shall return the Card on the effective date of termination and observe all contractual obligations incumbent upon it under this Agreement until the above-mentioned date. Any remaining funds left on the Card after its return will be refunded, after a period of thirty (30) days starting from the effective date of the termination, by check or wire transfer, sent to the Holder, less management and shipping fees in the amount shown in the Special Terms and Conditions.
Article 9: Card validity/Renewal/Withdrawal/Return
The period for which the Card is valid is shown directly on the front of the Card.
Except for explicit termination indicated in writing to Anytime by the Holder, within thirty (30) days prior to the Card expiry date, and provided that his available funds are sufficient to cover the renewal fees, the Agreement will be renewed automatically and a new Card sent to the Holder's residence. The balance of the available funds linked to the old Card will be transferred automatically to the available funds on the new Card.
The Holder must then activate his new Card in accordance with the procedures defined in article 4 herein. Activation of the new Card implies approval of the renewal of this Agreement.
In the case of non-renewal, closing of the available funds means that the Holder must return the Card by ordinary mail. The final closing and any reimbursement of the remaining balance can only take place one (1) month after return of the Card and under the terms and conditions stipulated in article 8.2 above.
Article 10: Confidentiality
Banque RAPHAEL shall protect the confidentiality of personal data and respect the principles of banking secrecy. The Holder agrees explicitly that his personal data may be provided by Banque RAPHAEL to ANYTIME and any other subcontractor which undertakes to respect the confidentiality of such information.
Within the limits authorised by banking secrecy, confidentiality and the protection of personal data shall be provided under the terms and conditions and within the limits specified in this article. Banque RAPHAEL and ANYTIME may disclose to third parties information about the Card or transactions in the following cases: (i) When necessary to allow a transaction to be made; (ii) To allow someone, for example a merchant, to verify the existence and the credit of the Card; (iii) To respond to a request for information by an administrative institution, a court ruling or any other request of this type; (iv) In connection with corporate programs, to the Holder's employer and to the employer's accounting software providers (v) If the Holder gives Banque RAPHAEL or ANYTIME written authorisation to do so; (vi) To Banque RAPHAEL's employees, statutory auditors, affiliated companies, service providers or legal counsel, as required.
Article 11: Protection of personal data
The Holder's personal information and data – except for banking data – are necessary for managing his available funds and our commercial relations. They may be provided to companies that contribute to these relations, such as those handling orders/sales or delivery of services and for their management, execution, processing and payment. This information and data are also kept for security reasons, in order to comply with the legal and regulatory obligations and to allow Banque RAPHAEL to improve and personalise the services that it offers and the information that it sends out.
In accordance with the Information Technology and Freedom Act of 6 January 1978, the Holder has a right to access, oppose, delete and correct his personal data. All requests to exercise the right to access, correct or oppose must be made in writing and signed by the Holder, include the address to which the response should be sent, be accompanied by proof of identity, and be sent to the Customer Services department.
Banque RAPHAEL will respond to the Holder's request within at most two (2) months from its receipt, provided that it is adequately precise and includes all the necessary information to respond to said request. If adequate information is lacking, Banque RAPHAEL will ask the Holder to provide it.
Article 12: Liabilities of the Bank
Banque RAPHAEL is responsible only for direct damages for negligence proven by the Holder of the Card. In any case, Banque RAPHAEL's liability is limited to (i) the amount of fees actually paid by the Holder of the Card during the preceding year or the current year if it is the first year, or (ii) the amount of direct losses incurred by the Holder of the Card and due to faulty functioning of the system over which ANYTIME or Banque RAPHAEL have direct control, the greater amount of these two sums being used.
Banque RAPHAEL disclaims all liability for any indirect, special, consequential or incidental damage and all non-material damage.
Banque RAPHAEL disclaims all liability in the following cases: (i) If, apart from any error by Banque RAPHAEL, the Holder has insufficient funds on his Card to complete a transaction; (ii) If a merchant refuses to accept the Holder's Card; (iii) If an automated teller machine used to make a withdrawal has insufficient funds; (iv) If an EPT by means of which the Holder executes a transaction does not function properly; (v) If access to the Holder's Card was blocked after having been notified of a loss, theft, or unauthorised use; (vi) If the balance of available funds is the subject of legal action or any other collateral limiting its use; (vii) If Banque RAPHAEL has reasonable suspicions to think that the requested transaction is illegal or illicit; (viii) If circumstances beyond Banque RAPHAEL's control (for example, fire, flooding, computer or information technology failure, or any other natural cause) prevent completion of the transaction despite reasonable precautions taken by the bank; (ix) If an EPT by means of which the Holder executes a transaction is not connected in real time to the Visa® approval network; (x) If the Holder of the Card does not inform Anytime of any change of address and/or telephone contact details; (xi) Any other exceptional situation provided for in the Agreement.
ANYTIME and Banque RAPHAEL shall not become involved in any commercial disagreements, i.e., other than those relating to the payment transaction, that may occur between the Holder of the Card and a merchant.
The existence of such a disagreement cannot in any case justify the Holder’s refusal to honour payments made with the Card.
In addition, assuming that a payment transaction made with the Card would be executed incorrectly, the laws in effect require reference – without prejudice to its application – to article L. 133-22 of the Code monétaire et financier [Monetary and Financial Code (CMF)] according to which:
"I. - When the payment order is given by the payer, his payment service provider is, subject to articles L. 133-5 and L. 133-21, responsible for proper execution of the payment transaction in regard to the payer until receipt of the payment transaction’s amount, in accordance with I of article L. 133-13, by the beneficiary’s payment service provider. The beneficiary’s payment service provider is then responsible for proper execution of the payment transaction in regard to the beneficiary.
When the payer’s payment service provider is responsible, in terms of the first paragraph, for an incorrectly executed payment transaction, it shall reimburse its amount to the payer without delay. If necessary, it shall return the debited account to the state that would have prevailed if the incorrectly executed payment transaction had not taken place.
When the beneficiary’s payment service provider is responsible, under the first paragraph, it shall immediately make the amount of the payment transaction available to the beneficiary, and if necessary, credit his account with the corresponding amount.
II. - When a payment transaction is ordered by the beneficiary or the payer who gives a payment order via the beneficiary, the beneficiary’s payment service provider is, subject to articles L. 133-5 and L. 133- 21, responsible in regard to the beneficiary for proper transmission of the payment order to the payer’s payment service provider in accordance with the agreed terms, in order to execute the operation within the period stipulated in II of article L. 133-13.
If the transmission fails, the beneficiary’s payment service provider shall immediately resend the payment order to the payer’s payment service provider, which then becomes responsible for proper execution of the transaction.
As soon as the amount is made available to it by the payer’s payment service provider, the beneficiary’s payment service provider once again becomes liable on behalf of the beneficiary, subject to articles L. 133-5 and L. 133-21, for immediate processing of the payment transaction in accordance with the requirements imposed upon it by I of article L. 133-1 4.
In the event of an incorrectly executed payment transaction when the beneficiary’s payment service provider is not responsible, the payer’s payment service provider, whose responsibility is now committed, shall reimburse to the payer, if necessary and without delay, the amount of the incorrectly executed payment transaction and shall restore the debited account to the state that would have prevailed if the incorrectly executed payment transaction had not taken place.
III - In the event of an incorrectly executed payment transaction, without prejudice to its responsibility, the user’s payment service provider shall immediately attempt, on request from the user, to trace the payment transaction and notify the user of the results of its investigation.
IV - Payment service providers shall be held liable to their respective payment service users for fees and interest borne by the payment service user attributable to incorrect execution of the payment transaction for which they are responsible."
Article 13: Responsibilities of the Holder
The Holder must take every reasonable measure to keep his Card safe and use it according to the terms governing its issue and use.
The Holder agrees, if necessary, to provide ANYTIME with documentary evidence of his identity and home.
The Holder is required to use the Card according to its intended purpose. The Card is strictly personal to its Holder, who must affix his signature on receipt; the Holder is strictly forbidden to lend or be dispossessed of it. The Holder is solely responsible for any use of the Card, with his consent, by a third party in breach of this article and article 3 of the Agreement.
The Holder shall bear the consequences of the Card’s use as long as no payment stop has been requested under the conditions stipulated in article 22.
The Holder guarantees that the transactions that he will execute do not contravene any legal provisions in effect.
The Holder must notify ANYTIME or Banque RAPHAEL immediately of any loss or theft of his Card or his Card number.
The Holder is required to ensure that on the debit settlement date, the balance of available funds on which the Card functions is sufficient.
The Holder will get a receipt with each transaction and must keep his receipts to check his transactions.
The Holder must not under any circumstances send his active and/or charged Card by ordinary mail.
The Holder must notify ANYTIME or Banque RAPHAEL of any change of address or telephone number.
: If the Holder changes address, he must notify ANYTIME or Banque RAPHAEL at the earliest opportunity. If the Holder does not do this at least thirty (30) days prior to the expiry date of his Card, the new Card may be sent to the wrong address.
Article 14: Causes for Termination
Banque RAPHAEL reserves the right, at any time and without prior notice, to cancel this Agreement, block the Card, and require its return if one or more of the following conditions arise:
- The final activation period was refused or was not carried out within the allotted time;
- The Holder does not provide the supporting documents stipulated in article 3.2 above;
- The Card was used to execute one or more illegal transactions or by breaking any important term of this Agreement and failing to remedy it; ;
- In the event that the Holder engages in fraud or attempted fraud.
- In case of non-payment of the management fee, as stipulated in the Special Terms and Conditions.
Banque RAPHAEL also reserves the right to block, at its initiative, the Card for objectively motivated reasons relating to the Card’s security, presumption of unauthorised or fraudulent use, or a reasonably high risk that the Holder is unable to meet his payment obligation.
In this case, Banque RAPHAEL shall inform the Carrier of this blockage by email and/or SMS, if possible before the Card is blocked and at the latest immediately thereafter, unless the act of giving this information is unacceptable for objectively justified security reasons or the law prohibits Banque RAPHAEL from doing this. The Holder has the option at any time to request release of the Card by calling Customer Service or by sending a letter to ANYTIME.
Banque RAPHAEL undertakes to unblock the Card as soon as the reasons for blocking it no longer exist.
Article 15: Force Majeure
Initially, a force majeure incident shall suspend the obligations under this Agreement.
If force majeure continues for more than 3 (three) months, this Agreement shall be terminated automatically without further formalities.
The following situations are explicitly considered as cases of force majeure, besides those usually cited by the case law of the French courts and tribunals: complete or partial strikes within or outside the company, lock-out, bad weather, epidemics, blocked means of transport or supply for any reason, earthquakes, fires, storms, flooding, water damage, legal or governmental restrictions, legal or regulatory changes to forms of marketing, crashes of the Visa® approval information technology systems, crashes of data transmission networks that are outside Banque RAPHAEL's control, telecommunication blockages including France Télécom’s switched network and any other incidents independent of the express will of the parties that prevent normal performance of this Agreement.
Article 16: Use of the Internet
The Holder can create a personal account from the Site by selecting a login and a password that allow him to execute all transactions pertaining to the Card without having to re-enter his Card number.
If used online for controlling his Card, the Holder acknowledges awareness of:
- The nature of the Internet and especially its technical performance and response times to check the information pertaining to the Card;
- The technical reliability pertaining to data transmitted via the Internet, given that it travels on heterogeneous networks with diverse technical characteristics and capabilities that can sometimes become saturated. Banque RAPHAEL or ANYTIME shall not be held liable for access problems or momentary inability to check balances by electronic means.
The only technical requirements pertaining to the Holder’s equipment to use the services provided by the Internet consist in having a computer and having Internet access, the Internet connection cost possibly varying depending on the access provider selected by the Holder. No special software is required to check his ANYTIME account on the Site, as the Holder is responsible for the security of his Internet network.
Holders shall never provide their PIN Code by telephone or on the Internet. Banque RAPHAEL, Visa® or Anytime will never ask the Holder to communicate his PIN code, neither over the Site, nor over the Interactive Voice Server, nor by SMS or by telephone, with the exception of the PIN code change procedure, where the Holder will be required to disclose it through the Interactive Voice Server.
Article 17: Modifications
Article 17.1: Changes unrelated to rates
Banque RAPHAEL may make changes to this Agreement, which will be notified to the Holder of the Card by post or by electronic means.
These changes, unrelated to rates, are applicable two (2) months after their notification to the Holder, unless he has already terminated the Agreement, at no charge, before the end of this period.
Article 17.2: Changes related to rates
Banque RAPHAEL reserves the right to make rate-related changes to the terms applicable to the Card.
The Holder shall be notified of these changes by ordinary mail or by electronic means within a period of two (2) months prior to the intended application date. If not contested by the Holder of the Card within a period of two (2) months after receiving this notification, this shall convey approval of the rate changes.
If contested by the Holder, he will be responsible for terminating the Agreement under the conditions described above.
Article 18: Monitored/Recorded Calls
Banque RAPHAEL reserves the right, after notifying the Holder during his call, to monitor/record conversations between the Holder and Banque RAPHAEL's services for quality assurance purposes.
Article 19: Guarantee
Article 19.1: Guarantee
Banque RAPHAEL undertakes at any time to exchange a Card reported as being defective. The defective product must be returned to Banque RAPHAEL in that condition by registered letter with return receipt (these shipping fees will be repaid to the Holder's available funds if the product is proven to be defective after being inspected by the bank's services).
A card mistakenly reported as being defective shall be returned to the Holder and incur administrative fees which will be deducted from his available funds (see financial conditions included in the Special Terms and Conditions).
In any case, the Holder will benefit from the legal guarantees regarding the compliance of the goods and hidden defects in accordance with articles L. 211-4 et seq. of the Consumer Code as well as Article 1641 of the Civil Code.
Article 19.2: Guarantee exclusions
The guarantee does not cover:
- Unusual or non-compliant use of the Card in relation to its intended purpose, the usage terms, and this Agreement;
- Lack of funds and their consequences associated with non-compliant use;
- Lack of funds and their consequences associated with any exterior causes;
- Negligence in maintaining the Card (extended exposure to the sun, exposure to water or high humidity, repeated contact with metal objects such as keys, etc.).
Article 20: Complaints
It is the responsibility of the Holder of the Card to submit any disputes in relation to the Card, to notify its loss, theft, or fraudulent use or any unauthorised use or information associated with it.
Article 20.1 : Payment Transactions
The Holder must notify the bank promptly of any unauthorised payment transactions and in any event no later than thirteen (13) months after the date of the transaction. The Holder must: (i) Provide his name and Card number; (ii) Describe the error or transaction of which he is unsure and explain the reasons that lead him to think that fraud and/or forgery are involved; (iii) Provide the amount in Euros of the disputed transaction.
Banque RAPHAEL undertakes to refund any unauthorised transaction immediately, unless we have reason to believe (based on the evidence available to us at the time you report the unauthorised transaction) that the transaction was authorised by the Holder or caused by breaking any important term or repeatedly breaking any term and failing to remedy it, or was allowed to happen because of the Holder gross negligence, or we have reasonable grounds to suspect fraudulent activity on the Holder part.
Banque RAPHAEL reserves the right to block the Card under the conditions described in article 21 of this Agreement below if the Holder has not requested a stop.
The Holder's claim must be confirmed in writing within a period of 10 (ten) days after said notification if it was made verbally. If we make an immediate refund, or make a refund after investigating the transaction, we reserve the right to reverse the refund if we do not receive written confirmation of the unauthorised transaction from the Holder within ten (10) working days of the Holder request. The written confirmation of dispute must contain all evidence which the Holder believes shows that The Holder did not authorise the activity in question and/or all additional information or documents that Banque RAPHAEL may reasonably request from the Holder.
Article 20.2: Fees for Card Use and Facilities
It is assumed that the Holder of the Card has accepted all fees debited from his available funds in the absence of any complaints filed by him within a period of thirty (30) days, starting on the date that the account balance is checked or, if applicable, the date the account statement is received, under the provisions stipulated in article 5.3 of this Agreement.
Any complaint pertaining to these activities shall be sent as soon as possible in writing to ANYTIME at the address appearing in the Special Terms and Conditions, in order to allow Banque RAPHAEL to assess the claim and decide on how to proceed.
Article 20.3: Remedies
All claims must be sent only to ANYTIME, which will process them conscientiously and in a timely manner. If the Holder believes that his complaint has not been handled satisfactorily, he has the option to use a mediator free of charge, who may recommend solutions to disputes that may arise, for services provided and the performance of this contract. The mediator is required to make a decision within two (2) months from his appointment. Banque RAPHAEL undertakes to send the Holder all useful information regarding the terms when applying this mediation procedure in accordance with the provisions of article L.316-1 of the Code monétaire et financier.
If the Card is issued by an English bank whose head office is located in the United Kingdom, you may also refer the matter directly to the Financial Ombudsman Service (http://www.financial-ombudsman.org.uk). This service may be reached by phone by calling +44(0)2079641000.
If you have opened your account online on the ANYTIME website and you are not happy with the product or service provided and feel that we cannot resolve your issue, you are entitled to submit your complaint via the European Online Dispute Resolution platform (“ODR platform”) by visiting the following website: http://ec.europa.eu/consumers/odr/
Article 21: Payment stops
A payment order given by means of a Card is irrevocable. It is deemed to have been received by Banque RAPHAEL once the confidential PIN code has been entered.
Any objection must be sent to ANYTIME, which will deal with it in the name of Banque RAPHAEL as soon as possible.
The only admissible stop payments requested by the Holder are those explicitly resulting from loss, theft, misappropriation, or any fraudulent use of the Card or information associated with it, or by the absence or incorrect execution of a payment order given by the Holder of the Card to Banque RAPHAEL.
The Holder of the Card must file an opposition immediately. Information concerning the stop payment terms are stated on the back of the Card, in the documents sent with the Card and on the Site. They are also accessible on the IVS.
This statement must be provided immediately via the IVS, which may be reached seven days a week, 24 hours a day or on the Site.
In the event of theft or fraudulent use of the Card or information associated with its use, Banque RAPHAEL may request a receipt or a copy of the filed complaint and completion of an information sheet on the Site. Banque RAPHAEL cannot be held liable for the consequences of a payment stop submitted by telephone and not made by the Holder of the Card. The Holder can unblock a card blocked in error. To do so, he shall call Customer Services and answer the security questions.
The block cannot be lifted if loss, theft, misappropriation, or any fraudulent use of the Card or its associated information is reported.
If a payment stop is declared for the Holder's Card, a new Card will be sent to him at the address he has given. On activation of the new Card, the balance of the available funds associated with the former cancelled Card shall be transferred to the balance of available funds on the new Card, with a deduction made for replacement fees as indicated in the Special Terms and Conditions and borne by the Holder.
However, the Holder shall not be held liable for the cases stipulated in article L.133-19 II of the Code monétaire et financier.
The Holder shall be held liable for all losses due to payment transactions if these losses stem from his improper actions or he has not met the following obligations intentionally or through negligence:
- To take all reasonable measures to keep his PIN code and Card safe.
- To use the Card in accordance with the provisions of this Agreement.
- To promptly request a payment stop once loss, theft, misappropriation or unauthorised use of the Card or associated information are discovered.
After the payment stop is in place, the Holder is no longer liable for any financial consequences stemming from the use of his Card or misappropriated use of information associated with it, unless due to fraudulent actions on his part.
The law strictly regulates payment stop situations. Therefore, the Holder cannot stop a payment for reasons other than those mentioned above. Any payment stop for any reason other than these may expose the Holder to legal proceedings.
Thus, the Holder cannot request a payment stop to cancel an order if the merchandise is not delivered within the specified time period, if it does not comply with the purchase order, or if he simply changes his mind.
Article 22: Penalties
Any improper or fraudulent use of the Card as well as any wrongful statements are subject to penalties, especially criminal prosecution, as provided for by law.
Any false statements or improper use of the Card may also result in the loss of the benefits stemming from this Agreement.
All fees and actual expenses incurred for the enforced recovery of transactions are assumed by the Holder of the Card.
Article 23: Refunds
Goods or services paid for with the Card cannot be the subject of a refund request submitted to the merchant unless a prior transaction was debited in an equal or higher amount. If the Holder of the Card and the merchant come to an agreement, the merchant may operate the payment terminal to initiate the refund transaction. Amounts credited to the Card as refunds shall be available no more than 3 (three) days after the time the payment order was received. If an amount is credited to the Card that does not correspond to a refund, Banque RAPHAEL reserves the right to apply charging fees as stipulated in the Special Terms and Conditions and/or terminate this Agreement ipso jure.
In accordance with current legislation, it is pointed out that the refund situations provided for in articles L. 133-25 to L. 133-25-1 of the Code monétaire et financier do not apply to the Card.
Article 24: Charges
The Holder acknowledges, agrees and accepts that Banque RAPHAEL and ANYTIME have no influence on the application of any charge for a transaction via the Holder's Card. As a result, it is the Holder's responsibility to obtain information on the possibility of a charge being applied based on the type of intended transaction.
Article 25: Contacts
Banque RAPHAEL is a Financial Institution under English law, registered under the number 1288938, located at Albany Court Yard 47-48 Piccadilly, London W1V 0LR, authorised by the Prudential Regulation Authority and regulated by the Financial Condcut Authority (FCA) and the Prudential Regulation Authority, under number 161302. The agreement may be viewed online at the following address:
Given its role as technical and administrative manager of the Card, only ANYTIME may be contacted for any questions pertaining to the Card’s administrative management.
The Holder can contact ANYTIME by telephone, e-mail, or letter using the contact information provided in the Special Terms and Conditions of Use.
Article 26: Reference to ANYTIME
ANYTIME is not a credit institution and is therefore not party to this Agreement; it acts only as administrative and technical manager of the Card.
The mention of ANYTIME in this Agreement or on the Card, in a message or on any medium whatsoever does not create any contractual relationship between ANYTIME and the Holder of the Card.
Article 27: Assignment
If the existing contract between ANYTIME and Banque RAPHAEL should be severed for any reason, the Parties agree explicitly that ANYTIME alone may opt to assign this Agreement.
In this case, this Agreement will not be terminated and will remain in effect for the entire duration as stipulated in article 8 above, without any changes other than the name of the issuing Bank, subject however to the assignee having the status of a credit institution and/or authorised payment service provider and taking over Banque RAPHAEL's contractual position.
The Holder will be notified of such an assignment in writing (by letter or by e-mail) in compliance with a notice period of two (2) months, in accordance with the provisions of article 17.1 above.
This Agreement shall continue to remain in full effect provided that all of its provisions are taken over by the new credit institution and/or authorised payment service provider.
In the event of an assignment, it is agreed and accepted that Banque RAPHAEL will be released from its obligations as from the assignment date and that it will not guarantee that the assignee taking its place will comply with this Agreement.
Article 28: Entirety of the Agreement
These clauses represent the Agreement in its entirety. Subject to changes of which the Holder is notified, no other document may create new obligations hereunder.
If any one of the Agreement’s stipulations is declared to be void based upon a legal rule in force or a final court ruling, it shall be deemed invalid. However, the other provisions of this Agreement shall maintain their effectiveness and scope.
Article 29: Non-waiver
No delay or inaction, abstention or omission on the part of the Issuer and/or ANYTIME in exercising any of its rights under this Agreement shall infringe said right, nor shall these be considered as implying on its part a waiver to assert this right.
Article 30: Applicable Law and Competent Jurisdiction
This Agreement is subject to French law only.
The Holder, by agreeing to be subject to the obligations stemming from this Agreement, states that he resides or elects residence in French territory.