DOCUMENT 2 : General conditions of “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 offers proposed by FLOA, Société Anonyme (“FLOA”), incorporated under French law 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 Immeuble G7, 71 Rue Lucien Faure, Bordeaux (33300), FRANCE.

The FLOA offers allow certain Internet users, customers of the merchant site, to pay for their orders within a deferred period up to thirty (30) days following the order (“FLOA Pay Later”) or in three or four instalments with their credit or debit card (“FLOA 3X” or “FLOA 4X”).

In accordance with article 122, para. 1, let. c) and/or let. D) of the Legislative Decree 1 September 1993, No. 385 (the Consolidated Banking Law – “CBL”), the rules of Title VI, Chapter II of the CBL in terms of consumer credit, do not apply to this contract due to the absence of interest and/or the short duration of the credit (never exceeding three months) and the insignificant charges which are collected under this contract.

This contract remains however subject to the transparency rules generally applicable to credit agreements offered by banks to Italian customers, as set out by Title VI of the CBL and relevant Bank of Italy implementing rules.

1. Conditions relating to the borrower:

These FLOA offers are reserved for individuals (adult individuals) residing in the Italian territory acting as consumers within the meaning of the Italian Consumer Code (Codice del Consumo) and using a credit or debit card for the payment of their order on the merchant site.

Regarding the bankcard used by the client:

The bank card must be a Visa or Mastercard bankcard;
The bankcard used shall not expire before the due date of the last instalment;
The client must be the cardholder;
and Systematic authorization cards such as Electron or Maestro, e-cards, Indigo and American Express cards are not accepted (non-exhaustive list).

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

2. Conclusion of the contract:

After confirming the basket on the merchant site, the customer is redirected to the “Choice of payment method” page. In order to benefit from one of the FLOA offers for the order, the customer will choose its payment method.

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

“FLOA Pay Later” offer

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

Details of the charges for “FLOA Pay Later” offer:

Amount of the order	Charges	APR
75 € - 149,99 €	1,00 €	17,49%
150 € - 299,99 €	2,00 €	17,49%
300 € - 499,99 €	4.00 €	17,49%
500 € - 749,99 €	6.65 €	17,49%
750 € - 1.000,00 €	10.00 €	17,49%

Floa Pay Later offer without charges:

Amount of the order	Charges	APR
50 € - 1000.00€	0 €	0%

“FLOA 3X” offer

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

R1 = 1st instalment on D;
R2 = 2nd instalment on R1 + 30 days;
R3 = 3rd instalment on R2 + 30 days.

Details of the charges for FLOA 3X offer:

Amount of the order	Charges	APR
75 € - 149,99 €	1,00 €	17,31%
150 € - 299,99 €	2,00 €	17,31%
300 € - 499,99 €	4.00 €	17,31%
500 € - 749,99 €	6.65 €	17,26%
750 € - 999,99 €	10.00 €	17,31%
1.000 € - 1.249,99 €	13,35 €	17,33%
1.250 € - 1.499,99 €	16,70 €	17,35%
1.500 € - 6.000,00 €	16,70 €	14,27%

FLOA 3X offer without charges:

Amount of the order	Charges	APR
50 € - 6000.00€	0 €	0%

“FLOA 4X” offer

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

R1 = 1st instalment on D
R2 = 2nd instalment on R1 + 30 days;
R3 = 3rd instalment on R2 + 30 days;
R4 = 4th instalment on R3 + 30 days.

Details of the charges for FLOA 4X offer:

Amount of the order	Charges	APR
75 € - 149,99 €	1,50 €	17,27%
150 € - 299,99 €	3,00 €	17,27%
300 € - 499,99 €	6.00 €	17,27%
500 € - 749,99 €	10.00 €	17,27%
750 € - 999,99 €	15.00 €	17,27%
1.000 € - 1.249,99 €	20.00 €	17,27%
1.250 € - 1.499,99 €	25.00 €	17,27%
1.500 € - 6.000,00 €	25.00 €	14,21%

FLOA 3X offer without charges:

Amount of the order	Charges	APR
50 € - 6000.00€	0 €	0%

The payment of the order with a FLOA offer is carried out following the the conclusion of the online contract with FLOA, once the customer, on the “choice of payment method” page of the merchant site, has read and accepted these general conditions by clicking on the relevant acceptance button and has selected the instalment payment by clicking on the relevant acceptance button to confirm his/her choice.

The customer acknowledges that the “click” constitute acceptance to contract and constitutes, as well, an irrevocable and unreserved acceptance of these general conditions.

FLOA will automatically archive the contract, and will make it available to the customer.

The present contract will be considered concluded in France where FLOA will acknowledge the acceptance of the contract by the customer.

3. Verification on the customer and possible termination of the contract by FLOA:

The customer expressly represents and warrantsto FLOA that she/he is able to repay the instalments for her/his order. FLOA will retain the right of early termination of the contract in case, within 14 calendar days of the acceptance of the offer by the customer, it verifies the impossibility for the customer to repay the instalments for his/her order.

4. Performance of the contract:

By validating his/her request to pay with a FLOA offer, , the customer expressly requests the immediate performance of the contract with FLOA without waiting for the expiry of the withdrawal period as provided for in Article 5 below.
In the case of default on customer’s part in repayments, FLOA shall demand immediate repayment of the outstanding principal, plus insignificant charges. FLOA shall also ask the customer for compensation equal to 8% of the capital due and in any case within the mandatory law provisions in force from time to time on default interest. Even if FLOA does not demand immediate repayment of the outstanding principal, the said compensation may still be required in addition to the payment of unpaid maturities.
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 right

In accordance with article 52, paragraph 2, letter a), of the Italian Consumer Code, the customer can withdraw from the contract executed with FLOA within 14 calendar days starting from the conclusion of the contract with FLOA.

6. Order cancellation:

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

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

7. Borrower information:

Any information in connection with the conclusion or execution hereof, may be sent to the customer by FLOA, by electronic means, to the email address provided by the customer during the registration process.

8. Proof

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

9. Data processing and Freedoms:

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

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

10. Consumption – Mediation:

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

email: contattoit@floa.com;
Phone: +39 0238 594 404

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 complaintsfloait@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.

FLOA does not participate in the dispute resolution of the Arbitro Bancario Finanziario.

11. Miscellaneous conditions:

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

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

The customer undertakes to pay to FLOA an amount corresponding to the stamp duty governed by Presidential Decree n. 462/1973, should it become due in relation to these General Conditions or to their implementation.

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.

FLOA reserves the right to change these General Terms and Conditions, in particular by making available new services or by modifying/eliminating certain services described therein. The text of the new General Terms and Conditions shall be provided to the customer, to the email address provided by the customer during the registration process with at least a 15-day prior notice before its entrance into force. If the customer does not agree to the updated terms, he/she has to stop using the services provided by FLOA.

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 –aris - and authorized to exercise its activities in Italy by virtue of the freedom to provide services, in accordance with art. 16, para. 3, of the CBL.

13. Applicable law and jurisdiction:

These general conditions are subject to Italian law.

These general conditions are subject to Italian law. Any disputes that may arise between the customer and FLOA in relation to these general conditions, including disputes relating to the execution, interpretation and validity of the same or of individual clauses, as well as disputes relating to possible claims for damages will be shall be subject to the exclusive jurisdiction of the court with territorial competence in accordance with art. 66- bis of the Italian Consumer Code , which provides for the mandatory territorial competence of the court of the place of residence or domicile of the consumer, if located in the Italian territory.

Pursuant to Art. 1341 and 1342 of the Italian Civil Code, I declare to have read and understood and expressly accept the following clauses of these GENERAL CONDITIONS: Art. 2 (Conclusion of the Contract); Art. 4 (Verification on the customer and possible termination of the contract by FLOA) and Art. 13 (Applicable law and jurisdiction).