General terms of use - La Carte Cadeau

GENERAL TERMS AND CONDITIONS OF USE

GENERAL TERMS AND CONDITIONS OF USE
These terms and conditions govern the use of the La Carte Cadeau Unexpected Shopping ("the Card").

1. Purpose of the Card
The Card is a Visa payment card with a systematic request for authorisation, with track, issued by Natixis, a credit institution approved by the Banque de France, whose registered office is located at 30 avenue Pierre Mendès-France 75013 Paris, registered with the Paris Trade and Companies Register under number 542 044 524 (the "Issuer").
The Card is a medium for the use of electronic money.
You may verify the Issuer's approval by contacting the Autorité de Contrôle Prudentiel, 61 rue Taitbout - 75436 Paris Cedex 09, France, or by visiting http://www.acp.banque-france.fr/agrements-et-autorisations/registres-et-listes/regafi-et-liste-des-agents-financiers.html.
The Card remains the property of the Issuer who may withdraw it at any time.
The Card enables you to make payments in France for the purchase of goods or services at merchants and service providers in shopping centres owned or managed by Unibail-Rodamco-Westfield ("Merchants") and, more generally, at all merchants who are members of the card payment system displaying the Visa logo. The Card does not allow for cash withdrawals or remote payments. The Card may not be accepted by certain ATMs (toll booths, car parks, etc.) that do not accept this type of systematically authorised card.

2. Acceptance of the general terms and conditions of use
The first use of the Card implies full and complete acceptance of these General Terms and Conditions of Use (hereinafter "GTCU"), which you acknowledge having read.
The current Terms and Conditions of Use can be consulted at any time on the www.lacartecadeau.fr website.

3. Retraction
If you order the Card on the Internet, you have a period of 14 days from the validation of the order to exercise your right of retraction provided that the Card has not been used. When this period expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the 1st following working day.
You must return the Card in its original packaging under your sole responsibility, accompanied by the invoice and a bank account number (RIB) to : NATIXIS - Gift Card Service - BP 4 - 75060 Paris Cedex 02 - France

Only the amount loaded on the Card is refunded, excluding postage and personalisation costs. You are responsible for the shipping costs. The refund will be made within 15 days of the date of receipt by the Issuer of the returned Card and subject to validation by the Issuer of the amount charged to the Card actually received.

4. Period of validity of the Card
These TOU constitute a contract between the Issuer and you, which will have the same duration as the validity period of the Card which is eighteen (18) months from the date of its printing.
The expiry date is shown on the front of the Card. At the end of the Card's validity period, the Card will not be renewed.

5. Loading and activating the Card
The Card is charged at one time with an amount in euros determined by you or the person who gave it to you.

Electronic money is issued without delay against the remittance of the funds.
Cards purchased in Unibail-Rodamco-Westfield shopping centres are automatically activated by the reception desk when they are purchased with a CB, Visa or MasterCard.

For Cards purchased on the www.lacartecadeau.fr website (hereinafter referred to as "the Site"), it is necessary to proceed with their activation. To do this, you must log on to the Site under the "My Card" section and provide the 16-digit number appearing on the front of your Card as well as the multimedia code that you will have received separately. The Card will be activated after validation of this procedure.

For Cards purchased from another distribution channel, the general terms and conditions of the distributor detail the specific loading procedures and the Cards are delivered to you already activated.

6. Using the Card
The Card may not be used by a minor under 12 years of age. It is personal. In the event of the death of the Cardholder, the Issuer will block the Card by simple letter from the estate and the balance of the Card will be made available to the estate under the conditions of ordinary law.

The Card may be used, during its period of validity, as a payment instrument on one or more occasions, within the limit of use provided for by the applicable regulations, up to the amount loaded or the balance of the Card.

All you have to do is present the Card to the Merchant. Payment by Card is made by validating the amount of the transaction displayed on the Merchant's electronic payment terminal ("Eftpos terminal") and signing the ticket presented by the Merchant, indicating the amount debited. The payment is final and irrevocable as from your signature. 

In the event of a debit error, the Merchant may re-credit the Card or cancel the last transaction. In the event of a re-credit, it may take up to 15 days for the balance of the Card to be updated. Cancellation of the last transaction may result in the Card being temporarily blocked for security reasons.
It is your responsibility to keep a copy of the duplicate ticket issued to you by the Merchant, which you must provide to the Issuer in the event of a dispute.
Transactions carried out are debited immediately from the Card balance.

The Card may not be exchanged, transferred, resold, discounted or given in exchange for money from the Merchant or any third party.

7. 7. Consulting the Card balance and communicating with the issuer
The balance of the Card as well as the last transactions made with the Card can be consulted:
- free of charge, at the Unibail-Rodamco-Westfield shopping centre kiosks,
- free of charge (excluding Internet connection costs) on the www.lacartecadeau.fr website,
- by contacting the interactive voice server on 0826.08.11.12 (€0.15 incl. VAT/min, excluding any additional costs from your telephone operator),
- free of charge (excluding Internet connection costs) using smartphone applications in participating shopping centres.

You will need to take your Card with you and, when checking your balance via the internet or interactive voice server, provide the 16-digit number shown on the front of your Card.

8. Internet
If you use the Internet to manage your Card, you acknowledge that you are aware of :
- the nature of the Internet network and in particular its technical performance and response times for activating or consulting information relating to your Card;
- the relative technical reliability of Internet data transmissions, as they circulate on heterogeneous networks with different characteristics and technical capacities, which may sometimes be saturated.

The Issuer cannot therefore be held liable for any difficulties of access or temporary impossibility for you to activate your Card or consult your balance electronically for reasons beyond the control of the Issuer.

9. Claims
The Issuer excludes all liability for goods or services paid for using the Card and provided by Merchants. It is up to you to resolve any dispute of any kind regarding the goods or services with the Merchant. Under no circumstances may the Issuer be held liable for disputes with Merchants.
The Issuer declines all liability, on any grounds whatsoever, concerning the possible benefit of exemptions from social security contributions and taxes attached to the Card. It is your responsibility to refer to the provisions set out in the regulations and, more generally, to find out about the regime applicable to your personal situation.

The transactions recorded by the Issuer's computer systems are proof of the transactions actually carried out using the Card.
In the event of a dispute over the balance of the Card following its use, you may, within 13 months from the date of the disputed transaction, send a letter by registered mail with return receipt requested to the Issuer, enclosing the vouchers proving your purchase, to the following address NATIXIS - Prepaid Gift Card Service - BP 4 - 75060 Paris Cedex 02.

In the event of a persistent dispute with the Issuer, you may refer the matter to an independent mediator by post at the following address Mr. Mediator, Fédération Bancaire Française, BP n° 151 - 75422 Paris cedex 09. You will retain all other legal means of action at your disposal.

10. Reimbursement of the card
You may obtain a refund of the Card balance, which may be subject to the payment of a processing fee, less any outstanding transactions, in accordance with the terms and conditions set out below.

Terms and conditions of reimbursement
Any request for reimbursement of the balance of the Card must be made in writing using the online form on the Website, sent by registered letter with acknowledgement of receipt, to the following address: NATIXIS Prepaid Gift Card Service - BP 4 - 75060 Paris Cedex 02.

You must indicate in the refund request whether you would like a refund by bank transfer or in cash.

Reimbursement costs
The balance of the Card will be refunded free of charge on the expiry date of the Card and for a period of twelve months after that date. If you make a claim during this period, you may request reimbursement of the cost of postage for the mail containing the Card, the form and any supporting documents.

The Issuer will charge a processing fee of seventeen euros fifty (17.50) euros for any request for reimbursement of the balance of the Card before the expiry of the Card or beyond a period of twelve (12) months following the expiry date of the Card. In the case of a request before the expiry of the Card or after a period of twelve (12) months following the expiry date of the Card, the cost of postage cannot be reimbursed.

Inactive Card Processing Fee :
In addition, an inactive Card handling fee of ninety (90) euro cents (inclusive of all taxes) per month will be applied starting the month following the expiry of the Card's validity.

The refund form is available at the following address: Form

You expressly agree that all such fees will be deducted by offsetting against the Card balance.

11. Loss and theft of the Card
The Card cannot be replaced or refunded in the event of loss or theft.

12. Personal Data
The use, management and reimbursement of the Card may give rise to the collection, processing and retention of personal data about you in order to enable the management and reimbursement of the Cards. This data is intended for the Issuer, which reserves the right to transmit it to its subcontractors.
In accordance with the French Data Protection Act of 6 January 1978, amended in 2004, you have the right to access and rectify any information concerning you. You can exercise this right by sending a written request to NATIXIS - Service Cartes Cadeau - BP 4 - 75060 Paris Cedex 02.

13. Modification of the Terms and Conditions
If the Issuer modifies the TOU, the new TOU will be available for consultation on the Site at least two months before their entry into force.

During this period of two months, you will have the opportunity to contest the new Terms and Conditions by expressly informing the Issuer in writing. Such contestation will constitute termination of the TOS. In the absence of a challenge within this two month period, you will be deemed to have accepted the proposed modifications.

14. Language and applicable law
These TOU are written in French and are governed by French law.