Mac_spirit
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Good evening,
I would like to provide you with these few articles, which I hope will bring you complete satisfaction.
For any questions regarding certain terms, please do not hesitate!!!!
Article L132-2 of the Monetary and Financial Code.
Amended by Law No. 2005-845 of July 26, 2005 - art. 165 (V)
The order or commitment to pay given by means of a payment card is irrevocable.
Payment can only be opposed in the event of loss, theft or fraudulent use of the card or the data linked to its use, or in the case of safeguard procedures, reorganization, or judicial liquidation of the beneficiary.
Article L132-3 of the Monetary and Financial Code
Created by Law No. 2001-1062 of November 15, 2001 - art. 35 () JORF November 16, 2001
The holder of a card mentioned in article L. 132-1 bears the loss incurred, in the event of loss or theft, before the objection provided for in article L. 132-2, up to a limit that cannot exceed 400 euros. However, if they acted with negligence constituting serious fault or if, after the loss or theft of the said card, they did not make the opposition as soon as possible, considering their habits of using the card, the limit mentioned in the preceding sentence does not apply. The contract between the cardholder and the issuer may, however, provide for the opposition period beyond which the cardholder is deprived of the benefit of the limit provided in this paragraph. This period cannot be less than two full days after the loss or theft of the card.
The limit referred to in the previous paragraph is raised to 275 euros on January 1, 2002, and to 150 euros starting January 1, 2003.
Article L132-4 of the Monetary and Financial Code
Created by Law No. 2001-1062 of November 15, 2001 - art. 36 () JORF November 16, 2001
The holder of a card mentioned in article L. 132-1 is not held liable if the disputed payment was made fraudulently, remotely, without the physical use of their card.
Likewise, their liability is not incurred in the event of counterfeiting of their card as defined in article L. 163-4 and if, at the time of the disputed transaction, they were in physical possession of their card.
In the cases provided for in the two preceding paragraphs, if the cardholder disputes in writing having made a payment or withdrawal, the disputed amounts are credited back to their account by the card issuer or refunded, without charge, no later than one month from the receipt of the dispute.
Article L132-5 of the Monetary and Financial Code
Created by Law No. 2001-1062 of November 15, 2001 - art. 37 () JORF November 16, 2001
In the event of fraudulent use of a card mentioned in article L. 132-1, the card issuer shall reimburse the holder for the total banking charges incurred.
Article L132-6 of the Monetary and Financial Code
Created by Law No. 2001-1062 of November 15, 2001 - art. 38 () JORF November 16, 2001
The legal period during which the holder of a payment or withdrawal card has the possibility to file a complaint is set at seventy days from the date of the disputed transaction. It may be extended contractually, without exceeding one hundred and twenty days from the disputed transaction.
