GENERAL CONDITIONS FOR THE "FLOA Pay Later", "FLOA 3x" AND "FLOA 4x" PAYMENT OPTIONS

Effective August 6, 2024

These General Terms and Conditions set out the terms and conditions of the FLOA Short Term Loans (also known and hereinafter referred to as "FLOA Pay Later", "FLOA 3x" and "FLOA 4x") granted by FLOA, Société Anonyme, (public limited company under French law) having its registered office at Bâtiment G7, 71 Rue Lucien Faure, F-33300 Bordeaux, represented by M. José SALOIO, Managing Director (hereinafter referred to as "FLOA"). FLOA is a French bank and is supervised by the French Financial Supervisory Authority "Autorité de contrôle prudentiel et de résolution", has a share capital of EUR 72,297,200 and is registered in the Bordeaux Trade and Companies Register under number 434 130 423.

FLOA Pay Later, FLOA 3x and FLOA 4x allow certain customers of specific merchant websites to pay for their purchases within fourteen (14) or thirty (30) days following the order (FLOA Pay Later) or in three (3) or four (4) instalments (FLOA 3x and FLOA 4x) using their credit card (Visa Card or MasterCard) with a repayment period never exceeding three (3) months.

FLOA Pay Later, FLOA 3x and FLOA 4x do not constitute general consumer loan agreements within the meaning of section 491(2) sentence 1 of the German Civil Code (Bürgerliches Gesetzbuch, hereinafter "BGB"), as the exception of section 491(2) sentence 2 no. 3 BGB applies in each case. It is either a loan which is free of charge and which the borrower has to repay within a maximum of three (3) months (FLOA Pay Later free of charge, FLOA 3x free of charge or FLOA 4x free of charge) or the loan has to be repaid within a maximum of three (3) months and only minor charges are agreed on (FLOA Pay Later, FLOA 3x or FLOA 4x).

1. Conditions relating to the borrower

The Borrower is a natural person, of legal age, not acting in a commercial capacity, residing in Germany, who uses a Visa Card or Mastercard (hereinafter referred to as "Card") to pay for their order on the merchant website. The financing offer is reserved for private individuals who are holders of a Card that does not expire before the last repayment date. Depending on the Card provider and your contractual terms with the Card provider you may incur charges for using your Card. The terms and conditions agreed by the customer with their credit card provider apply to this contractual relationship. FLOA short-term loans are only available to customers selected by FLOA and/or its partners.

Systematic authorisation cards such as Electron or Maestro, e-cards, Indigo and American Express are not accepted (non-exhaustive list), this does not apply if the cards have a VISA or Mastercard logo.

2. Conclusion of the contract

Contract offer of the customer

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, the customer needs to click on the relevant button. Which payment methods are suggested to the customer depends on the merchant website. The FLOA payment methods suggested by the website and available on the "Choice of payment method" page are final.

The customer is then redirected to the web page of the selected FLOA payment method, where a detailed summary of their order will be displayed with the purchase price amount, which in the case of a free loan also corresponds to the net loan amount, the amount of the instalment(s), the due date of the respective payments and the total price of the financial service. The customer can download, save and print this summary. Before confirming their decision to enter into an agreement with FLOA, the customer must carefully read the detailed summary of their order and correct any errors. Even after conclusion of the agreement, the customer can obtain a copy of the detailed summary from FLOA at any time.

When the customer chooses to pay for their order with FLOA Pay Later, FLOA 3x or FLOA 4x using their Card, they must confirm this choice by "double clicking". This means that after having selected FLOA Pay Later, FLOA 3x or FLOA 4x on the payment method page on the merchant website, the customer must first read these General Terms and Conditions and then notify its electronic acceptance of these General Terms and Conditions by checking the corresponding box before clicking on the "validate" button, whereby the customer makes an offer to enter into the agreement under these General Terms and Conditions of FLOA.

The customer acknowledges that the "double click" associated with the acknowledgment of having read and accepted the General Terms and Conditions constitutes an offer in relation to the agreement, into which these General Terms and Conditions have been included.

Acceptance of the offer by FLOA

The agreement is concluded by FLOA's acceptance of the customer's digital offer. FLOA reserves the right to grant or refuse FLOA Pay Later, FLOA 3x or FLOA 4x within seven (7) calendar days of the customer's offer. Payment by FLOA Pay Later, FLOA 3x or FLOA 4x will be finally granted by FLOA on the day FLOA has notified the customer of its decision to grant it (i.e. generally on the day the goods are ordered after verifying that there are no unpaid invoices or payment incidents on other accounts the customer has with FLOA or entries in a payment incident file). The agreement between FLOA and the customer is subject to these General Terms and Conditions.

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.

3. Total price of the respective financial service

FLOA offers FLOA Pay Later, FLOA 3x and FLOA 4x both as variants with charges and, for a limited time within the framework of certain promotions, as variants which are free of charge.

Duration and charges for FLOA Pay Later (14 days)

The customer repays the loan to FLOA fourteen (14) days after FLOA's acceptance of the customer's offer, in the case of the variant with charges including subsequent charges.

Amount of the order	Annual percentage rate (hereinafter referred to as “APR”)	Total price of the financial service	Total price of the financial service in relation to the amount of the order as percentage
EUR 50.00 - EUR 1,000.00	13.89%	The customer can find their individual total price for the financial service in the detailed summary (see point 2).	0.50%

Floa Pay Later (14 days) free of charge:

Amount of the order	APR	Total price of the financial service	Total price of the financial service in relation to the amount of the order as percentage
EUR 50.00 - EUR 1,000.00	0%	0%	0%

Duration and charges for FLOA Pay Later (30 days)

The order must be paid within thirty (30) days following the date of confirmation of the order, or rather the loan will be repaid by the customer to FLOA thirty (30) days after FLOA's acceptance of the customer's offer, in the case of the variant with charges including subsequent charges.

Amount of the order	APR	Total price of the financial service	Total price of the financial service in relation to the amount of the order as percentage
EUR 50.00 - EUR 1,000.00	15.06%	The customer can find their individual total price for the financial service in the detailed summary (see point 2).	1.15%

FLOA Pay Later (30 days) free of charge:

Amount of the order	APR	Total price of the financial service	Total price of the financial service in relation to the amount of the order as percentage
EUR 50.00 - EUR 1,000.00	0%	0%	0%

Duration and charges for FLOA 3x

The customer`s repayment schedule will begin on the date of acceptance of the customer`s offer by FLOA (hereinafter "D") and will be fixed as follows:

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

FLOA 3x mit Entgelten:

Amount of the order	APR	Total price of the financial service	Total price of the financial service in relation to the amount of the order as percentage
EUR 50.00 - EUR 3,000.00	14.91%	The customer can find their individual total price for the financial service in the detailed summary (see point 2).	1.15%

FLOA 3x free of charge:

Amount of the order	APR	Total price of the financial service	Total price of the financial service in relation to the amount of the order as percentage
EUR 50.00 - EUR 3,000.00	0%	0%	0%

Duration and charges for FLOA 4x

The customer`s repayment schedule will begin on the date of acceptance of the customer's offer by FLOA (hereinafter "D") and will be fixed as follows:

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

FLOA 4x with charges:

Amount of the order	APR	Total price of the financial service	Total price of the financial service in relation to the amount of the order as percentage
EUR 50.00 - EUR 3,000.00	14.61%	Der Kunde kann die individuelle Gesamtsumme für die Finanzdienstleistung der detaillierten Übersicht entnehmen (siehe unter 2).	1.70%

FLOA 4x free of charge:

Amount of the order	APR	Total price of the financial service	Total price of the financial service in relation to the amount of the order as percentage
EUR 50.00 - EUR 3,000.00	0%	0%	0%

4. Details regarding payment and fulfilment

On the registration page, the customer enters his debit card details and selects the payment instalment plan desired. Once the credit is approved, the first payment is charged on the card. The next automated direct debits scheduled will be processed on the same debit card. If the customer wants to pay the next instalment plan on a different card, he can change the mean of payment up to seven (7) days before the next payment due date. On the due day, the direct debit is charged on the card registered on file.

5. Execution of the agreement

a) The customer is hereby informed of the legal consequence that they are obliged to pay compensation for the service provided up to the time of withdrawal because FLOA begins to perform the counter-performance before the end of the withdrawal period.
The customer expressly agrees to this legal consequence.

b) If the customer defaults in repayment, FLOA may demand immediate repayment of the outstanding capital plus any unpaid charges. In addition, FLOA may charge the customer default interest at a maximum rate of five percent (5 %) of the amount due. Even if FLOA does not demand immediate repayment of the outstanding amount, the said charges may still be required in addition to the payment of outstanding capital.

c) FLOA may give a mandate for the administration of the monthly payment requests and/or their collection to any company of its choice.

6. Withdrawal

Right of withdrawal

You may withdraw your agreement declaration within fourteen (14) days without stating reasons by means of a clear declaration. The time limit begins after receipt of this instruction on a durable data medium, however, neither before conclusion of the agreement nor before fulfilment of our information obligations according to Article 246b § 2 paragraph 1 in conjunction with Article 246b § 1 paragraph 1 EGBGB. To comply with the withdrawal period, it is sufficient to send a timely notice of withdrawal if the declaration is made on a durable data medium (e.g. letter, fax, e-mail). The withdrawal is to be sent to: By letter: FLOAPAY Germany, 36 rue de Messines, 59686 Lille CEDEX 9 FRANCE or or by E Mail: contact@floapay.com.

Consequences of withdrawal

In the event of an effective withdrawal, the services received by both parties shall be returned. You are obliged to pay compensation for the services rendered up to the point of withdrawal if you were made aware of this legal consequence before submitting your contractual declaration and expressly agreed that we should commence with the performance of the counter-performance before the end of the withdrawal period. If there is an obligation to pay compensation for lost value, this may mean that you still have to fulfil the contractual payment obligations for the period up to the withdrawal. Your right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of withdrawal. Obligations to refund payments must be fulfilled within thirty (30) days. For you the period begins upon dispatch of your notice of withdrawal and for us upon its receipt. In no case does the exercise of the right of withdrawal give rise to a recording on a file or on any other data carrier. Failure to exercise the right of withdrawal within the aforementioned period renders this contract irrevocable.

End of the withdrawal policy

At the end of these General Terms and Conditions you will find a form that you can use to exercise your right of withdrawal.

If the customer has exercised their right of withdrawal, they undertake to pay the purchase price directly to the merchant under the conditions and in accordance with the provisions laid down in the general terms and conditions of sale of the merchant's website.

7. Order cancellation

In the case of cancellation of the customer's entire order on the merchant website, FLOA will (i) reimburse the customer's Card for the amount of the instalments already charged and (ii) cancel future instalments. The customer will also be reimbursed for the charges arising from the agreement. This may result in new repayment instalments. In this case, the customer will receive a new detailed summary in accordance with clause 2.

In the event of a partial cancellation of the customer's order on the merchant's side, FLOA will (i) reimburse the customer's Card for the amount 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. Already incurred customer charges will not be refunded. These charges represent the value of the services already provided by FLOA.

8. Information for the customer

FLOA automatically saves a copy of the agreement, which is made available to the customer immediately after conclusion of the agreement. At any time during the term of the agreement, the customer may request FLOA to provide them with the terms of the agreement, including the General Terms and Conditions, in paper form.

9. Proof

The parties agree that, unless the contrary is proven or prohibited by any applicable law, all data, files, records or transactions received and/or stored on the merchant website or on any other computer or electronic medium by FLOA and the merchant, in particular from transaction operations, as well as their reproduction on any other medium, shall constitute evidence of all transactions between the customer and FLOA.

10. Data protection

The information collected under this contract is mandatory for the verification of the customer’s offer. The customer can obtain specific information on how the processing of data is carried out by FLOA at DATENSCHUTZRICHTLINIE

11. Alternative dispute resolution / Mediation

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

email: kontaktde@floa.com;
phone: 08001824669.

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 complaintsfloade@floa.com.

FLOA is willing and obliged under Section 14 UKlaG to participate in dispute resolution proceedings before a consumer arbitration board:

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 will participate in a dispute resolution procedure before this consumer arbitration board. The possibility of participating in a dispute resolution procedure before the consumer arbitration board exists without affecting any legal remedies.

It is also possible to file a civil lawsuit.

12. Miscellaneous

As a lender, FLOA may at any time assign the loan repayment claim in whole or in part to a European CRR credit institution or the Caisse des Dépôts et Consignations. The borrower will be informed of this by means of a simple letter.

The terms of the agreement and the pre-contractual information will be communicated to the customer in German. FLOA undertakes to conduct communication in German during the term of this agreement. A quick electronic contact and direct communication with FLOA is possible at kontaktde@floa.com

In the event that one or more clauses of these General Terms and Conditions should become void following a change in legislation or by a court decision, this shall in no way affect the validity of the other clauses, which will remain applicable.

13. Supervisory authority

FLOA is a credit institution under French law approved by the French Autorité de Contrôle Prudentiel et de Résolution (ACPR), the head office of which is located at 4 Place de Budapest CS 92459, 75436 Paris, FRANCE, and is authorized to exercise its activities within the scope of the notification to BaFin (so-called passporting) by virtue of the freedom to provide services in Germany.

14. Applicable law

These General Terms and Conditions are subject to German law. The establishment of relations with the customer prior to the conclusion of the agreement is also subject to German law. Any dispute related to these General Terms and Conditions is subject to the sole jurisdiction of the competent German court.

"FLOA Pay Later", "FLOA 3x" or "FLOA 4x" – Optional form for exercising your right of withdrawal

"FLOA Pay Later", "FLOA 3x" or "FLOA 4x" – Optional form for exercising your right of withdrawal

FLOAPAY Germany, 36 rue de Messines 59686 Lille CEDEX 9 FRANCE or or by email to contact@floapay.com.
The notice of withdrawal is only effective if it is sent before expiry of the deadlines specified in the "Withdrawal" section above.
The following completed wording can be used for such a withdrawal and sent to us:

I, the undersigned,......................................................................, born on.........................., residing in............................................... (city and postcode), withdraw my declaration on the short-term loan agreement...................................... (name of short-term loan) with the amount of.......................... euros from FLOA, which I agreed on............................... (date of contract) for the purchase of.......................................... (product), order number.........................................., on the following merchant website.....................................................