Bittylicious uses a payment processor to handle certain transactions. In order to utilise these services, you need to read through and accept the following terms and conditions.
In particular, you should note that this payment partner is fully regulated, in the EU and your funds are held securely by them. In order to fulfil their legal obligations, Bittylicious may be required to securely send identification documents to the payment partner, but they comply with all applicable laws regarding data security.
These Terms and Conditions of Use (hereinafter designated "Terms and Conditions") govern the terms and conditions of use by Clients of the mobile payment service delivered by the company Lemon Way (" LEMON WAY ").
These Terms and Conditions constitute a contract offer between LEMON WAY and the Client. They are available at any time on the Website of the Merchant.
The Client, major natural person or legal entity, expressly declares having the capacity and/or the required permissions to use the payment service delivered by LEMON WAY and ensures LEMON WAY against any liability that may result from the use of the payment service by a person not having these capabilities/ required permissions.
By accepting these Terms and Conditions, the Client expressly acknowledges that he has read and understands the terms and conditions in force on the day of its acceptance, and that he accepts them in their entirety. These Terms and Conditions constitute the contract between the Client and LEMON WAY. The acceptance of the Terms and Conditions by the Client as indicated above and the version of the Terms and Conditions accepted by the Client are maintained and archived by LEMON WAY in its information technology systems unalterably, safe and reliable.
LEMON WAY has the right to change these Terms and Conditions any time.
In the event of significant changes in Terms and Conditions, the new Terms and Conditions will come into force one (1) month after its publication on the Website of LEMON WAY and a simultaneous notification will be sent by Email to the Client. Email address is the one that the Client has indicated to the Merchant at the time of his registration.
The Client has a timeframe of one (1) month from the date of notification to terminate the contract. In the absence of termination by the Client in this timeframe, the latter will be deemed to have accepted the changed Terms and Conditions.
This Contract is intended to clarify the contractual relations between the clients and LEMON WAY and in particular to define the roles and responsibilities and to lay down detailed rules pecuniary inherent in the functioning of the Lemon Way Service.
LEMON WAY, without being liable for any compensation, may provide to the Lemon Way Service any changes or improvements that it deems useful or necessary in order to ensure continuity, the development and the security of its services. The services may also, without any right to claim compensation from Lemon Way, be limited or extended any time by LEMON WAY ( either individually or collectively to all the Customers).
This contract comes into force at the time of the acceptance of these Terms and Conditions by the Client and will be effective for an indefinite period.
The Client has a withdrawal period of fourteen (14) calendar days to withdraw the contract without charge. This withdrawal period starts from the day when the contract is concluded i.e the day when the Client has accepted these Terms and Conditions. During this withdrawal period, the execution of the contract may begin only at the express request of the Client. This right of withdrawal may be exercised by the Client without penalty and without giving any reason.
The Client is obliged to notify his waiver decision to LEMON WAY by registered letter with acknowledgement of receipt to the headquarters of LEMON WAY included in the definition of LEMON WAY (in the introduction of these Terms and Conditions).
No allowance may be recovered from the client because of the waiver.
If the client does not exercise his right of renunciation, the contract will be maintained in accordance with the provisions of these Terms and Conditions.
The Client expressly acknowledges and agrees that any payment instruction sent to LEMON WAY, before the withdrawal period, constitutes an express request by the Client to execute the contract. Thus, the Client will not be entitled to cancel a payment instruction that he would have given and confirmed during the withdrawal period.
The Client must meet the identification procedure hereinafter described.
Beyond the thresholds foreseen by the law, and in particular Article R. 561-16-1 Of Monetary and Financial Code, the Client must send to the Merchant by electronic mail (Email), postal mail or by downloading them directly from the dedicated space on the site of the Merchant, the following items :
LEMON WAY or the Merchant reserves the right to request any other document or additional information, to enable him to carry out the necessary verifications on compliance with its legal obligations including with regard to Fight against Money Laundering.
LEMON WAY will retain through electronic archiving a copy of the document(s) evidence(s) used for the identification of the Clients for five (5) years after having put an end to the relations.
A remittance to a payment account is not a bank deposit and does not bear interest. The Balance is refunded to the Client only under the conditions stipulated for the Dismantle.
A Client may fund his Lemon Way Account through the throughput of its payment card on the site of the Merchant, or by money transfer from his bank account destined to his Lemon Way payment account.
The Client can change at any time in his Client Area the Client payment Card registered for his Account.
The remittance may also result from a Reimbursement merchant.
Any transaction by credit card, bank transfer or levy, with a view to crediting a Lemon Way Account, which would be the subject of an overdraft notice, a rejection of a bank or chargeback will be automatically deducted from the balance of the LEMON WAY Account. In this situation LEMON WAY will be entitled to refuse the execution of all future remittances made by means of the card or Lemon Way account which gave rise to the mishap.
The deduction of recall, chargebacks and overdrafts as well as the expenses incurred shall be carried out on the balance of the merchant Account.
When a payment is made, the Lemon Way system or the Merchant automatically sends an Email of confirmation of the operation to the Client at the origin of the payment. This Email contains all relating to the Order information which has been communicated to Lemon Way System by the Merchant, such as: the identity of the Merchant, the description of the Order, its' amount, the date and time of the Order as well as any special conditions of payment.
When a payment is made, the Lemon Way System or the Merchant automatically sends an Email of confirmation of the operation to the Client at the origin of the payment. This email contains all relating to the Order information which has been communicated to Lemon Way System by the Merchant, such as: the identity of the Merchant, the description of the Order, its amount, the date and time of the Order as well as any special conditions of payment.
LEMON WAY is not only the provider of the payment solution; therefore it is a third party outside the commercial relationship between a Client and a Merchant or any other relationship existing between two Clients.
LEMON WAY does not guarantee the identity of Clients , it does not guarantee the proper execution of Orders by the Merchant. In the event of a dispute concerning the payment or the execution of an Order, the Buyer must directly address the Merchant in order to attempt to resolve their dispute with him.
In the event of a dispute between at least two Clients, they must seek to resolve their dispute between themselves, LEMON WAY cannot intervene in any way in this relationship.
Except in the case of cancellation of payment allowed for recurring payments or by law, a settlement or judicial or administrative decision, LEMON WAY is not entitled to cancel a transaction for reasons of commercial litigation or other disputes between a Client and a Merchant.
Any dispute or query relating to:
Must be notified to LEMON WAY by the Client within a timeframe of fifteen (15) calendar days from the day on which the client became aware of, or is presumed to have become aware (in particular in the view of his habits of consultation his Space Area and the date and time of its last access to his Account) or in any other timeframe longer provided by the special provisions or by law.
This notification can be done by sending an e-mail to the following email address: contestation@LemonWay.fr or by mail at the following address:
LEMON WAY
14 Rue de la Beaune
93100 Montreuil
The erroneous executions on behalf of a Client, by the excess credit or excess debit, that LEMON WAY has found and has accepted following a request to the Client, shall be corrected without prior notice.
LEMON WAY cannot be held responsible if the bank details indicated in the Client Area of the Merchant for dismantle are wrong or non-updated.
It is the liability of the Client to verify and update his banking information in its Client Area, and particularly an IBAN up-to-date.
For the whole of its benefits the company LEMON WAY is subject to an obligation of means and not to the result.
LEMON WAY only offers a service of electronic payment. LEMON WAY assume no liability with regard to the fulfilment by the Clients of their possible mutual obligations: and LEMON WAY does not assume any liability in particular with regard to the nature of the transfer of money, as to the validity or the correctness of the payment, liability for any errors or inaccuracies in the information communicated to Buyers by the merchant or the malfunction of Internet site of the Merchant.
LEMON WAY will only be responsible for its fraud or of its misconduct. In these circumstances, the liability of LEMON WAY will be limited to the balance available on the Lemon Way client Account at the time of the harmful event.
LEMON WAY for whatsoever purpose cannot be held responsible for any damage to the client which would result from partially or totally non-compliance of these terms and conditions by the Client.
For whatsoever purpose, LEMON WAY is not responsible for direct damage and/or indirect, such as commercial loss, loss of customers, any commercial disturbance, loss of profit, loss of brand image suffered by a client, or by a third party, and that could result from the benefits of LEMON WAY or of the implementation of the operating Platform, or his unavailability. Any action directed against a client by a third party is treated as an indirect injury, and accordingly shall not entitle to repair.
Unless otherwise specified in these terms and conditions or the laws imperative and without prejudice to the other causes of the exclusion or limitation of liability provided for by the present, LEMON WAY for whatsoever purpose cannot be held responsible for any damage caused by an event of force majeure. Are deemed to constitute an event of force majeure or an event outside its control, including, but without limitation: a power failure, a fire or flood, the strike of its staff or any of its sub-contractors or suppliers, war, disorders, riots or occupation of the territory by foreign forces, negligence of a third party within the meaning of the jurisprudence and doctrine such That the persons responsible for the delivery of electricity or telecommunication services.
The client has the obligation to use the services provided by LEMON WAY of good faith, for legal purposes only, and in compliance with these terms and conditions.
The Client undertakes to not engage in any kind of statements or actions to undermine the image and reputation of the Lemon Way system, Lemon Way Service and /or LEMON WAY company.
It is for the Client to ensure that, under its own liability, that the parameterization of its system of email filtering (anti-spam or other) or that the state of its acceptance email box (capacity limitation possible) enable it to receive emails addresses automatically by the Lemon Way system.
LEMON WAY is not responsible for fraudulent acts of third parties that would indicate erroneous information as to the alleged payments or transfers between accounts Lemon Way through the Lemon Way Service.
Lemon Way will never ask a client to provide its password, by whatever means, either by phone or by Email, or by SMS, or by registered mail, or by any other means.
LEMON WAY shall undertake to implement all reasonable means at its disposal to ensure access to the Lemon Way payment Service, will ensure in particular that the client can dispose of his money without interruption. However, LEMON WAY does not guarantee continuous and uninterrupted access to all its services. Therefore, LEMON WAY shall not be held responsible for the delay and/or unavailability of access to the Lemon Way payment system making impossible the execution of a payment or in case of partial or incorrect execution, when they result from factors beyond the reasonable control of LEMON WAY.
The Client is informed that LEMON WAY may interrupt, occasionally to all or part of its services:
Upon resumption of normal service, LEMON WAY will implement reasonable efforts to process pending transactions as soon as possible.
LEMON WAY will retain the funds paid by the Client, after deduction of any applicable taxes and fees, commissions due to LEMON WAY or to the merchant, on a bank account of hive, opened with trust with the LEMON WAY Bank.
The commissions due to LEMON WAY and the charges applied to transactions carried out by the Lemon Way Service will be paid into a bank account opened by LEMON WAY with its Bank. The balances for closing the accounts Lemon Way that arrived on the due date of contractual timeframe of downtime will be paid to the State after 30 years completed.
Any intellectual property right relating to the use of the Lemon Way Service or to the services rendered by LEMON WAY on through the Lemon Way system is transferred to the Customers under these terms and conditions.
The Client undertakes not to undermine the rights held by LEMON WAY, including prohibiting, any reproduction, or adaptation of all or part of the component elements intellectuals and hardware system Lemon Way and its overheads, and regardless of the media, present and future.
All rights relating to the Lemon Way software system are the full ownership of the company LEMON WAY. They form part of its trade secrets and confidential information without regard to the fact that some components may or may not be protected in the current state of the law by an intellectual property right.
The Lemon Way software system and, if applicable documentation, are recognized by the Client as work of the mind that itself and the members of his staff are obliged to consider it as such by refraining from the copy, reproduce them, to translate them into any other language, or language, to adapt, to distribute free of charge or for a fee, or to attach any object does not conform to their specifications.
The "Lemon Way" brand is property of the LEMON WAY company. The Client undertakes not to delete the reference to the "Lemon Way" brand on any element provided or made available by LEMON WAY, such as software, document or banner advertising.
The Client undertakes to comply with the strictest confidentiality concerning all the technical, commercial or any other kind, the client becomes aware in the framework of the execution of the Service Lemon Way.
This obligation of confidentiality shall remain in force for the duration of the subscription to the Lemon Way Service and after its end whatever the cause. This obligation of confidentiality does not apply to information which is or become publicly available without the fault of client.
The company LEMON WAY complies with all the relevant provisions on the protection of privacy and in particular the law of December 8, 1992 on the protection of privacy with respect to the processing of personal data (privacy Act). In accordance with the law, LEMON WAY has made the declaration of the processing of personal data with the CNIL.
The company LEMON WAY collects and keeps the personal data that the client has voluntarily provided. Thus, in particular are deemed to be personal data relating to the physical person client data relating to his identity, phone number, email address, his home, his card number or bank account, the transaction or the transfer, the IP address of the computer.
If you have any feedback or if you feel that this privacy policy is not respected, you may contact the company LEMON WAY, which is responsible for the processing of these data to the address mentioned in Article 16.4 of the present terms and conditions.
Access to servers and Lemon Way system on which the data are collected, processed and archived is strictly limited. Appropriate technical and organizational precautions have been taken to prevent access to any unauthorized person. Within LEMON WAY, only those persons whose functions justify may access the personal data of the Client.
LEMON WAY shall undertake to ensure the existence of adequate levels of protection in accordance with the legal and regulatory requirements applied, in particular those relating to bank secrecy and to the protection of data.
For reasons of security and the Fight against Fraud and money laundering, after the closure of a payment account, LEMON WAY shall keep for a period of five (5) years, the personal data of the Client, as well as the history of events and operations related to its Client Area and mentioned in his statement of electronic account.
The Client is informed and agrees that LEMON WAY in its quality of responsible for the collection and processing of personal data processing on it's for the purposes of:
The Client agrees that any personal data strictly necessary for the realization of at least one of the purposes mentioned above, or to what is required under the applicable regulations, are communicated by LEMON WAY to subcontractors and suppliers of outsourced services whose intervention is necessary.
The client accepts that the communication of their personal information in the abovementioned persons can take place, in accordance with the conditions previously defined, to another country of the European Union and also to a non-member country of the European Union which ensures an adequate level of protection with regard to the law of December 8, 1992 relating to the protection of privacy.
The Client has a right of access to personal data concerning him and is informed that he may consult at any time the information he has communicated to LEMON WAY in his Client Area or on the site of the merchant.
The client has the right to rectify inaccurate data which concerns him, he is informed by LEMON WAY that he can change certain personal information from its client Area or on the site of the merchant.
The rights of opposition, access and correction may be exercised on request, without charge addressed to LEMON WAY through e-mail to the following email address: reclamation@lemonway.fr or by mail at the following address:
Company LEMON WAY
Service Adjuster Notes
14, Rue de la Beaune
93100 Montreuil
The communications via e-mail are communications validly accepted as evidence by the Client and LEMON WAY.
All the information recorded in the database of Lemon Way computer system relating in particular to the instructions and confirmation of payment received from the Customers, with the requests of dismantle and execution of operations by LEMON WAY, the notifications sent by the Client and/or LEMON WAY, have, until proof to the contrary, the same probative value that a signed written on paper, both as regards their content and as regards the date and time at which they were made and/or received. These traces unalterable, safe and reliable are engraved and kept in the LEMON WAY computer systems.
The documents of LEMON WAY reproducing this information, as well as copies or reproductions of documents produced by LEMON WAY have the same probative value as the original, until proof to the contrary.
LEMON WAY just as the client should notify by any means available to the other Party any cases of force majeure which he would be submitted.
In the first instance, the case of force majeure shall suspend the execution of these terms and conditions. If a case of force majeure has duration of existence more than four (4) months, one or the other of the parties may request the termination of these terms and conditions.
Specifically, are considered as cases of force majeure, in addition to those generally accepted by the law of the course and French Courts: strikes total or partial, internal or external to the business, legal or governmental restrictions, legal or regulatory changes forms of marketing, computer failure, blocking of telecommunications, and any other cases independent of the desire of one of the parties prevents the normal execution of these terms and conditions by that party.
The temporary and immediate suspension of a LEMON WAY account may be pronounced by LEMON WAY in pending the adjustment by the client 's situation vis-Ã -vis LEMON WAY, suite at one of the two following cases:
The reactivation of the Lemon Way Account will be at the discretion of LEMON WAY.
Depending on the severity of the breach of the terms and conditions and in particular if the Merchant has sold of illicit products, LEMON WAY reserves the right to terminate these terms and conditions, resulting on the final closure of the Lemon Way Account. The closure of the Lemon Way Account cannot give rise to any compensation regardless of the potential damage caused by the closure of the Account Lemon Way.
The Client whose account has been closed by LEMON WAY is not allowed, unless express consent of LEMON WAY to open another Lemon Way Account. Any Lemon Way Account opened in violation of this provision may be immediately terminated by LEMON WAY, without notice.
The Lemon Way credit/balance available on the closure of the account will bear the right to a withdrawal by the Client, subject to pending operations and any unpaid transactions, bank rejections or objections to come.
LEMON WAY reserves the right to seek legal compensation for the damage suffered as a result of violation of these Terms and Conditions.
In the case of death of the successful tenderer client Main Account, LEMON WAY must be advised as soon as possible by the holding rights, or their agent / authorized representative. If this notice is given verbally, it must be confirmed in writing. Upon acceptance of this writing, LEMON WAY will ensure that no operation is carried out on the potential Assets and will proceed to the closure of the Client Area, which will result in the closure of the Main Account.
If the Assets that LEMON WAY holds in the name of the deceased are greater than the costs to bear the costs of dismantle, they may be the subject of a dismantle in favor of successors-rights only in the event of production by these successors-rights or their agent / authorized representative of supporting documents, in accordance with the applicable legislation, establishing the devolution of the estate as well as any other voucher that LEMON WAY deem necessary.
In the event of administrative formalities would be necessary for the performance of these terms and conditions, LEMON WAY and the Client shall assist each other mutual assistance for the settlement of these formalities.
The Client agrees that LEMON WAY can at any time, modify its services and/or the terms of these terms and conditions, particularly in light of the factual and technical enhancement of the service and technology.
If any of the stipulations of non-substantial terms and conditions is invalid as a result of the rule of law in force, it will be deemed unwritten, but does not lead to the invalidity of these terms and conditions.
The fact that one of the Parties does not avail himself of a breach by the other Party of any of the obligations referred to in the present cannot be construed as a waiver for the future of the obligation in question.
In the case of difficulty of interpretation between any of the titles and any of the clauses of terms and conditions the securities will not be taken into account.
These terms and conditions shall be governed by French law.
The French version of this contract will apply.
The complaints (disputes, rights of opposition, access and correction, etc. ) may be exercised on request, without charge, addressed to LEMON WAY through e-mail to the following email address: reclamation@lemonway.fr or by mail to the following address:
LEMON WAY
Médiateur
14, Rue de la Beaune
93100 Montreuil
In accordance with the recommendation 2011-R-05 of the ACPR of December 15, 2011, an acknowledgment of receipt will be sent within ten days. The complaints will be dealt with less than two months from the date of their reception.
A complaint form is also available on our Internet site: http://www.lemonway.fr/reclamation
The absence of an amicable agreement, the user may apply, by letter, an independent arbitrator, which can be provided free of charge in the event of a dispute arising out of the application of these, the arbitrator of the AFEPAME, 36 rue Taitbout 75009 Paris, without prejudice to the other means of legal action.
Edition of December 18, 2013.
Lemon Way
14 Rue de la Beaune
93100 Montreuil
France
