EU Region Specific Terms

With respect to Services provided by Thunes France in the EU, the following provisions shall apply and are included as part of the legally binding Agreement between you and Thunes:

1. The definition of Force Majeure Event shall be deleted and replaced with:

Force Majeure Event means an event or circumstance as defined under article 1218 of the French Code civil.

2. A new definition is included as follows:

Payment Services Regulations means The French Monetary and Financial Code (Code monétaire et financier) as amended from time to time.

3.  A new Section 3(g) is included as follows:

(f) Payment Services Regulations. You confirm that you are not a natural person acting for non-business purposes within the meaning of Article L.314-5 of the Payment Service Regulations. To the fullest extent permitted by law, you agree that none of the non-mandatory provisions of Sections 3 and 4 of Title I, Book III of the  Payment Services Regulation shall apply to these Terms or the Services, with the sole exception of Articles L.314-7 (III) and L.314-13 (I). Specifically,  You explicitly agree to waive the application of, and all rights under, Article L. 314-13 (IV). Furthermore, you agree that Articles L.133-1-1, L.133-7 (paragraphs 3 and 4), L.133-8, L.133-19, L.133-20, L.133-22, L.133-23, L.133-25, L.133-25-1, L.133-25-2, and L.133-26 (I and III) shall not apply to these Terms or the Services.

4. The first Paragraph of Section 6 (h) is modified as follows : 

You acknowledge and agree that the Services are standardized, and have not been specifically tailored to your individual business requirements. Pursuant to Article 1112-1 of the French Civil Code, you confirm that you have received all essential pre-contractual information necessary to evaluate the characteristics of the Services. Consequently, and without prejudice to Article 1170 of the French Civil Code, you assume sole responsibility for verifying that the Services are fit for your intended purposes and that your access to and use of the Services comply with your legal obligations.

5. New Sections 13(i) and 13(j) are included as follows:

13(i) In respect of the Fees for Card payment processing, you request Thunes to provide blended Fees for payment Card processing for all merchant service charges (MSC) across all payment Card brands and categories irrespective of the underlying differences in interchange fees. If you do not understand the Fees applicable to the Services or you have questions about Fees or wish to receive unblended rates for payment Card processing please contact us. Information identifying Card -based payment transactions and charges for them (including separate MSC and interchange fees) and the amount and currency of the payment transaction may be provided periodically (at least once a month) aggregated by Card brand, application, payment instrument categories and rate of interchange applicable to the relevant transaction.

13(j) In case of late payment of any Fee(s), Thunes may charge late payment interest rate equal to three times the French legal interest rate. In addition, Thunes may charge and you must pay  (i) an initial lump sum of 40 Euros for late recovery fee and (ii)  all actual recovery fees incurred by Thunes, upon presentation of supporting documentation.

6. New Sections 15(d) and 15(e) are included as follows:

15(d) The Parties expressly agree to exclude the application of Article 1195 of the French civil Code and thus renounce any claim or initiate proceedings to renegotiate and modify the conditions of the Agreement in case of changes of circumstances unforeseeable at the time of execution of the Agreement.

15(e) Customer agrees that the step in and price reduction rights mentioned in Articles 1217, 1222 and 1223 of the French Civil Code do not apply and are not available under this Agreement. Each party acknowledges and agrees that the terms and conditions of this Agreement have been freely negotiated among the parties

Last modified: October 5, 2026