General terms and conditions of the payment offers “FLOA Pay Later”, “FLOA 3X” AND “FLOA 4X”

Effective August 7, 2024

The purpose of these general conditions is to define the conditions of the payment contract offers “FLOA Pay Later”, “FLOA 3x” and “FLOA 4x” made by FLOA, Société anonyme with 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) and subject to supervision by the French supervisory authority the Autorité de Contrôle Prudentiel et de Résolution ("ACPR"), 4 Place de Budapest, CS 92459, 75436 Paris CEDEX 09, France, registered with ORIAS under number 07 028 160 (www.orias.fr).

These payment offers allow certain Internet users, customers of the merchant website, to pay for their purchases within thirty (30) days following the order (“FLOA Pay Later”) or in three/four installments (“FLOA 3x” and “FLOA 4x”), with their credit card, with a repayment period never exceeding 3 months.

”FLOA Pay Later”, “FLOA 3x” and “FLOA 4x” constitute interest-free credit offers, repayable within three months and in respect of which only insignificant costs are charged to the customer.

In accordance with Article 1:20(1)(e) of the Dutch Financial Supervision Act ("Wft") and Article 7:58(2)(e) of the Dutch Civil Code ("BW"), the Dutch rules on consumer credit do not apply to those credit agreements, as it concerns credit which must be repaid within three months and in respect of which only insignificant costs are charged to the customer.

1. Conditions relating to the borrower:

This contract is reserved for individuals (adult individuals) residing on the Dutch territory and using a Visa or MasterCard bank card for the payment of their order on the merchant site. The card used shall not expire before the due date of the last instalment.

The payment offers are exclusively available for customers selected by FLOA and/or its partners.

Systematic authorization cards such as Electron or Maestro, e-cards, Indigo and American Express cards are not accepted.

2. Conclusion of the contract:

After confirming the basket on the merchant website, the customer is redirected to the "Choice of payment method" page. In order to benefit from “FLOA Pay Later”, “FLOA 3x” or “FLOA 4x” for its order, the customer shall click on the ”FLOA Pay Later”, “FLOA 3x” or “FLOA 4x” button. The customer is then directed to the webpage related to the selected offer on which is displayed a detailed summary of its order, the amount of its instalment or each one of the 3 or 4 installments (depending on the selected offer), due dates of withdrawal and the associated insignificant charges. Before confirming its decision to enter into a payment contract with FLOA, the customer shall carefully reread the summary of its order and correct any errors therein.

When the customer chooses to pay for its order by "FLOA Pay Later", “FLOA 3x” or “FLOA 4x” with its credit card, the customer must confirm this choice by the technique known as "doubleclick". That means that after having selected the mode "FLOA Pay Later”, “FLOA 3x" or “FLOA 4X” on the payment method page of the merchant website, the customer must first read these general conditions and then notify its electronic acceptance of this payment option and acceptance of these general conditions by checking the corresponding box, before clicking on the "validate" button.

The customer acknowledges that the "double click" associated with acknowledgment of having read the general conditions constitutes consent to contract and constitutes an irrevocable and unreserved acceptance of these general conditions.

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

By accepting these general conditions, the customer expressly authorizes direct debits to be made by FLOA and / or its service provider from the payment account to which its debit or credit card is linked.

Duration and charges of the “FLOA Pay Later” contract

The amount of the order shall be refund by the customer 30 days following the day of validation of the order. The amount of insignificant charges collected under this contract will be mentioned in the detailed summary. The Annual Percentage Rate is referred to as "APR".

FLOA Pay Later with charges:

Amount of the order	Insignificant charges	APR
50.00€ - 1,000.00€	0.08%	0.98%

Free of charge FLOA Pay Later:

Amount of the order	Insignificant charges	APR
50.00€ - 1,000.00€	0,00%	0,00%

Duration and charges of the “FLOA 3x” contract

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 = the day the order is validated (hereinafter “D”);
R2 = 2nd instalment => R1 + 30 calendar days;
R3 = 3rd instalment => R2 + 30 calendar days.

The amount of insignificant charges collected under this contract will be mentioned in the detailed summary. The Annual Percentage Rate is referred to as "APR".

FLOA 3x with charges:

Amount of the order	the order Insignificant charges	APR
50.00€ - 3,000.00€	0.17%	2.18%

Free of charge FLOA 3x:

Amount of the order	Insignificant charges	APR
50.00€ - 3,000.00€	0%	0%

Duration and charges of the “FLOA 4x” contract

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.

The amount of insignificant charges collected under this contract will be mentioned in the detailed summary. The Annual Percentage Rate is referred to as "APR".

FLOA 4x with charges:

Amount of the order	Insignificant charges	APR
50.00€ - 3,000.00€	0.25%	2.09%

Free of charge FLOA 4x:

Amount of the order	Insignificant charges	APR
50.00€ - 3,000.00€	0%	0%

3. Formation of the contract:

FLOA reserves the right to grant or refuse the "FLOA Pay Later", “FLOA 3x” or “FLOA 4x” within 14 calendar days of the customer’s request to subscribe to the offer. The "FLOA Pay Later", “FLOA 3x” or “FLOA 4x” will be definitively granted by FLOA on the day on which the latter has informed the customer of its decision to grant it, that is to say the day of the order of the goods, after verification in particular of the absence of unpaid or payment incident on other accounts that the customer may have with FLOA, or entry in a payment incident file.

4. Execution of the contract:

By validating the request for "FLOA Pay Later", “FLOA 3x” or “FLOA 4x”, the customer requests the immediate execution of the contract without waiting for the expiry of the withdrawal period as provided for in Article 5 below. If the customer exercises her/his right of withdrawal, the customer will be required to pay an amount proportional to the size of the financial service actually provided compared to all the services provided for in this contract.
if the customer, after having been declared in default, remains in default of repayment, FLOA may demand immediate repayment of the outstanding capital, plus any insignificant charges that may be due but not paid. In this case FLOA may also charge statutory interest and collection costs due under the law.
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 Article 6:230o of the Civil Code, the customer may dissolve the contract up to a period of 14 calendar days after the day on which the contract was concluded by filling in the form below (see bottom of these general terms and conditions) and returning it by registered letter with acknowledgement of receipt after having dated and signed it. This period shall be deemed to have been observed if the notification is sent before the expiry of the period.

In no case does the exercise of this right of withdrawal give rise to a recording on a file. This right is exercised without any penalties and with no need of giving any reason. Failure to exercise the right of withdrawal within the aforementioned period has the effect of making this contract irrevocable.

If the customer has exercised her/his right of withdrawal, the customer agrees to pay the sale directly to the merchant under the conditions and according to the terms stipulated in the General Conditions of Sale of the merchant website.

6. Order cancellation:

In the case of cancellation by the customer of her/his entire order from the merchant website, FLOA will (i) reimburse the bank card of the customer for the amount of installments already debited and (ii) cancel future installments, where applicable. The customer will also be refunded for insignificant charges. In the event of partial cancellation of her/his order with the merchant website, FLOA (i) will reimburse the bank card of the customer for the amount possibly overpaid, i.e. the difference between the amount of the canceled order and the amount of the instalments already paid and (ii) will cancel future instalment debits, where applicable. But in this case, the customer will not be reimbursed for the insignificant charges.

7. Borrower information:

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

8. Proof

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

9. Data protection:

The information collected under this contract is mandatory for the study of the customer’s request. In order to know the processing made by FLOA, the customer is invited to consult our “privacy policy”: Privacy policy.

10. Consumption - Mediation:

Should the customer have any questions, the customer may contact the customer service by:

email: contactnl@floa.com;
phone: 08000221164.

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 complaintsfloanl@floa.com.

Should the parties fail to find an agreement, the customer can contact the ombudsman of:

The French Médiation of the ASF (Association française des Sociétés Financières)

by mail at: Monsieur le Médiateur de l’ASF, 75854 PARIS CEDEX 17, France
by email at: mediateur@asf-france.com
by FIN-NET (financial dispute resolution network) form at: form available here.

11. Miscellaneous conditions:

FLOA shall be entitled to transfer the rights and obligations under this credit agreement (assumption of contract) to another party, e.g. a bank or another credit provider. By agreeing to these General Terms and Conditions, the customer hereby agrees to this transfer. In the event of a contract transfer, the customer has the option of dissolving the agreement.

FLOA shall also be entitled to assign the debt to the customer to another party.

As part of any communication between the customer and FLOA, FLOA undertakes to communicate with the customer in Dutch.

In the event that one or more clauses of these General 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.

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 the Netherlands by virtue of the freedom to provide services, in accordance with Article 2:18 of the Wft.

13. Applicable law:

these general conditions are subject to Dutch law. Any dispute related to these general conditions is the sole jurisdiction of the Dutch courts and tribunals.

"FLOA Pay Later", “FLOA 3x” or “FLOA 4x” WITHDRAWAL SLIP

"FLOA Pay Later", “FLOA 3x” or “FLOA 4x” 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: FLOAPAY Netherlands 36 rue de Messines 59686 Lille CEDEX 9 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 zipcode) declares to renounce to the credit offer………………………………..(name of the offer) of ………..…………… Euros of FLOA that I had accepted on ………………………….(subscription date) for the acquisition of …………………………………… (product), Order Number ………………………………………., on the following merchant website…………………………………………….