Regulations for payments at Przelewy24

Definitions

For the purpose of these Regulations, the following terms and expressions will have the meanings:

Merchant – a business entity that has concluded an agreement with PayPro, a Seller and a Payment Recipient.

Payment Agent – a natural or legal person, or an organisational unit without legal identity on which the Act confers legal capacity, acting for and on behalf of PayPro S.A. as a domestic payment institution solely within the scope of payment services.

User (Payer) – a natural or legal person, or an organizational unit without legal identity on which the Act confers legal capacity, effecting payments for goods or services offered by the Merchant, and which has accepted the regulations for payments at the Web Service.

PayPro S.A. (PayPro) – the entity rendering the Service for the Users, with its registered seat in Poznań, ul. Pastelowa 8 (60-198), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda, 8th Commercial Division of the National Court Register, KRS entry No. 0000347935, NIP No. 7792369887, share capital of 5 476 300,00 PLN, fully paid up, entered in the register of domestic payment institutions kept by the Polish Financial Supervision Authority, UKNF entry No. IP24/2014.

Przelewy24 (Web Service) – the Web Service intermediating the transfer of payments between the Payer and the Merchant.

Payment transaction (Payment) – an individual payment for the Merchant effected by the Payer with the use of the Web Service. Each and every payment transaction is specified in the System through at least: Payment number, amount of Payment, Payment ID and Payment method.

Payments at Przelewy24 may be ascribed the following statuses:

Pending – payment awaiting reception,

Under verification – payment received and subject to additional verification for security reasons,

Prepaid – payment made and awaiting transfer of payment confirmation to the Seller,

Complete – payment made, payment confirmation sent to the Seller,

Error – payment resulting in an error, returned by the Intermediary Institution or without correct payment,

Refunded – payment returned to the Client.

Transaction panel – the Panel available to the Payer in order to allow them to choose the method of payment and get redirected to Intermediary Institution.

Intermediary Institution – Payment Services provider or a different entity through which the Payer transfers funds to PayPro in order to pay the Merchant, in particular a Payment Agent, a bank, an authorisation-clearing centre, a post operator or a payment services office.

Working Day – a working day of PayPro (with the exclusion of Saturdays, Sundays, holidays and statutory holidays) on which PayPro conducts its activity, i.e. renders the services set out in the provisions of the Regulations referring to the term „Working Day”.

GDPR [RODO] – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the General Data Protection Regulation).

Regulations – these regulations.

Service – a service consisting in the realisation of a payment carried out for the User by PayPro. The term Service also includes the Payment Transaction Initiation Service.

Account Provider – a payment service provider providing the Account Provider Interface.

Account Provider Interface – access channel for the online account provided by the Account Provider.

Account – a payment account, under which it is possible to execute a transfer order.

Payment Transaction Initiation Service(ITP Service) – a payment service consisting in one-time initiation of a payment order from the Account at the Payer’s request to pay the Payment Recipient for goods or services, or to deposit funds into the account of the Payment Recipient.

Agreement – the agreement concluded under these Regulations between the Payer and PayPro covering the conditions for the provision of the Payment Transaction Initiation.

1. General Provisions

The Regulations set out terms and conditions of making Payments through the Web Service available for the Users, including those made with the ITP Service, specifically regulated in §1¹ of the Regulations.

Przelewy24 makes various Payment Methods available to the Client, accepts Clients’ Payments, sends confirmations of effected Payments to the Seller and transfers the Payments to the Seller’s account.

Each and every Payment initiated in Przelewy24 receives a unique Payment Number and password set up by the Web Service. The Client should keep the number and the password for the purpose of checking the status of a given Payment, making a prepayment based on this payment or filing a complaint regarding the payment.

Each and every payment made to one of the bank accounts of PayPro or its Payment Agent is dedicated solely to the realisation of the Payment the number of which was entered as the payment title. In case an erroneous Payment number is entered, PayPro will not be liable for the purpose to which the funds are transferred. The latter sentence does not apply to the ITP Service.

In case the Payment is made with a method other than one using the ITP Service, the Customer is given a time limit indicated in the Transaction panel. Within the said time, the Web Service awaits the confirmation of payment. On the reception of the confirmation, the Web Service sends information to the User and the Merchant that the payment has been effected correctly.

In case of payment orders received on days other than Working Days, the first working day following that day will be the day of reception of the payment order.

PayPro may withhold or refuse to carry out the Service in case it has reasonable doubts as to the legality of payments, including their possible connection with money laundering or terrorist activity. A payment transaction carried out with the use of a payment card may be withheld or rejected for reasons stated in the preceding clause, among others, when the payment is made in a different country than the country of issue of the Payer’s payment card.

PayPro reserves the right to withhold or refuse to carry out the Service in case the provisions of the Regulations are infringed upon or whenever there is a reasonable suspicion that the Payment does not conform to the provisions of law or the provisions of the Regulations.

PayPro is not liable for any loss incurred by the Payer due to the withholding or refusal to service the Payment for reasons indicated in § 1 subparagraph 7 and 8.

Confirmations of payment in Przelewy24 are provided by the following Intermediary Institutions:

for payments made with the use of payment cards or an electronic wallet – servers of the respective payment operators cooperating with Przelewy24.

for payments made by bank transfer or by means of the ITP Service – bank transfer automation software or bank account history supervision software of the service.

The Web Service does not guarantee the realisation of Payments in real time in case of the following:

verification of Payments in accordance with subparagraph 15 of this Paragraph,

failure of operation of the system of the Intermediary Institution or the Account Provider, technical breaks on the part of the Intermediary Institution or the Account Provider, attempts to effect payments out of payment registration hours of a given bank or changes affecting the operation of the service carried out by the Intermediary Institution. The Payer is entitled to pursue claims arising out of the abovementioned circumstances against the Intermediary Institution or the Account Provider pursuant to the agreement concluded by and between the Payer and the Intermediary Institution and the Account Provider, as well as pursuant to binding provisions of law.

The Web Service does not guarantee the realisation of Payments in real time in case the User does not follow the instructions provided during the transaction in the transaction panel and on websites of the Intermediary Institutions or the Account Provider.

PayPro is not liable for failed (unrealised) or delayed Payments if the said failure or delay resulted from the provision of the incorrect or incomplete data by the User or was due to events that PayPro had no influence on. The User is obligated to notify PayPro of each failed (unrealised) or unauthorised transaction.

The fact that Przelewy24 intermediates the transfer of the Payer’s Payments through the accounts of the Web Service does not entitle the Payer to claim interest on the payments kept temporarily on the accounts of the Web Service.

Transactions with the status Under verification are subject to verification with respect to the criteria set out by PayPro regarding financial security measures implemented in order to prevent fraud, as well as counteract money laundering and financing terrorism. The verification may last until the end of the Working Day following the day of crediting the payment in the Web Service. In case the verification is positive, the Payment is immediately made available to the Merchant. In case the verification is negative, the payment is either directed to be returned to the Payer’s account or withheld in order for competent authorities to pursue further actions in accordance with the regulations on counteracting money laundering and terrorist financing.

Przelewy24 is not a party to any agreement or legal relations between the Payer and the Merchant, in particular the contract of sale, and thus does not bear any liability. In particular, it will not be held liable for improper fulfilment or failure to fulfil a contractual obligation by the Merchant, as well as liability towards the Merchant for improper fulfilment or failure to fulfil a contractual obligation by the Payer.

Prepayments

Following the Prepaid status, the Payer may pay at the Web Service with a prepayment created in a given shop. For this purpose, on selecting the goods (or services), the Payer must memorise the Payment number and the password provided on the Web Service payment site. Next, the Payer must pay the required amount, using any payment method, to any bank account of Przelewy24, entering the Payment number as the payment title.

The Web Service may generate a prepayment automatically from the payment made by the Client if the confirmation of such payment is received by the Web Service after the waiting period. In this case, the Payer may use the prepayment as payment, repeating the purchase. In case the Payer does not receive notification of generation of such prepayment or confirmation of payment transaction within 2 hours of the commencement of the Payment in the Web Service, the Client should file a complaint regarding the said Payment to the Web Service personnel.

Payments made at the Post Office are executed within 1 working day of the time the payment is credited on the bank account of Przelewy24.

The Prepayment may be used by the Client for the execution of payments only if the amount of the prepayment is equal to the purchase amount. In order to use the prepayment as a form of payment, the Payment number and the password of the said Prepayment must be provided.

The status of the Prepayment may be followed at https://secure.przelewy24.pl/przedplata

The Prepayment may be transferred automatically to a given Merchant without the Client’s intervention, provided it is compliant with the arrangements made by and between the Payer and the Web Service.

Payer’s prepayment that is not used within 30 days of crediting the bank account of the Web Service will be refunded to the Client, minus the cost of the refund. The Client may apply for an immediate refund of the Prepayment.

The cost of refund of erroneous payment or prepayment made by transfer is 2 PLN (two zlotys). In case of erroneous payment or prepayment by postal order made by the Payer, the cost of refund is increased by the charge of the postal order to the address of the Payer according to the Polish Post price list. In case the erroneous payment or prepayment is made by the Payer using a debit card, the cost of refund is 2.9% of the value of the prepayment. In case the erroneous payment or prepayment is to be refunded to a foreign account, the cost of refund is 30 PLN (thirty zlotys) and is covered by the recipient.

Any interference with in the IT systems of the Web Service or use of payment instruments by unauthorised persons or persons with respect to whom PayPro has a legitimate suspicion of such unauthorised use is forbidden.

Users willing to use the Web Service are obligated to comply with the Regulations and the provisions of law, as well as to use their true and accurate data.

In some cases, the Payer, while making the Payment, is obligated to pay PayPro a one-time service fee which will later be added to the amount of the Payment Transaction. The Payer is informed of the amount of such fee in the course of the individual payment for the Merchant through the Web Service.

Where the Payer is a taxpayer within the meaning of the act of 11 March 2004 on the tax on goods and services, to payments made by him with the use of the split payment mechanism specified in the act, the following special provisions will apply:

PayPro explains that not all payment methods available to the Payer when initiating payments in the Seller’s online store allow the use of the split payment mechanism; in particular, this mechanism is not possible with non-transfer-based payment methods (e.g. card payments);

the Payer should always assess the appropriateness, advisability and validity of the mechanism application;

the choice of payment method belongs solely to the Payer, and only the Payer decides whether to use the split payment mechanism, even if the use of this mechanism is mandatory;

when the Payer makes payments using the split payment mechanism, he should take due care to ensure that the data provided by him in the transfer form made available to him by his bank match the details of the invoice issued by the Merchant documenting the Payment using the mandatory split payment mechanism;

where the Payer applies the split payment mechanism and the Payment in any part affects PayPro’s VAT account, PayPro is not the taxpayer indicated on the invoice. Therefore, PayPro will be entitled to perform the activities referred to in Article 108a(6) of the act of 11 March 2004 on the tax on goods and services, i.e. is entitled to make a payment to the VAT account of that Merchant indicated on the invoice (if relevant data is available) or to return the payment received to the VAT account of the Payer – the taxpayer from whom the payment crediting the VAT account was received; Paypro is free to choose the action Paypro will take;

in the event of non-performance or improper performance of payment services covered by this agreement, PayPro is not liable to the Merchant, if the non-performance or improper performance results from PayPro’s compliance with the provisions related to the use of the split payment mechanism, in particular, if under art. 108a paragraph 6 of the act of 11 March 2004 on the tax on goods and services, PayPro returns the payment to the Payer, and as a result, the Payment to the Merchant is not made.

1¹. Payment Transaction Initiation Service (one-time transaction initiation)

PayPro provides the ITP Service to the Payer only if such a Service is selected at the stage referred to in subparagraph 4(a). If at that stage the Payer selects a payment method that is not based on the ITP Service, the provisions relating to the ITP Service do not apply.

The person ordering the initiation of a payment transaction on behalf of another person, including a legal person or an organizational unit, should have full legal capacity and be entitled to carry out the activities being the subject of the ITP Service. When using the ITP Service, the person ordering the initiation of a payment transaction on behalf of another person declares that he/she meets the criteria set out in the previous sentence.

The ITP service is provided by PayPro at no charge to the Payer, unless the Payment Recipient charges the Payer a fee for the use of certain payment methods. In such a case, the Payer is informed of the amount of the fee before ordering the performance of the ITP Service. Any fees charged or exchange rates used by the Account Provider shall be determined by an agreement between the Payer and the Account Provider.

To use the ITP Service, the Payer should:

select the Payment option using the ITP Service in the Web Service or the Recipient’s website; PayPro clearly marks payment methods based on the ITP Service; methods not marked in this way are not based on the ITP Service

select the Account Provider from the list on the PayPro website to which the Payer has been redirected;

accept the Regulations and provide the data and submit declarations of will necessary to provide the ITP Service.

Upon acceptance of the Regulations by the Payer, the Agreement is concluded.

PayPro initiates a payment transaction according to a unique identifier, which is the Account number specified in the agreement between PayPro and the Recipient.

By providing the ITP Service, PayPro initiates the payment transaction immediately, no later than within [15 minutes] of receiving the required data. The maximum duration of the payment transaction is determined by an agreement between the Payer and the Account Provider. PayPro does not guarantee the initiation of a payment transaction within the time referred to in the first sentence of this subparagraph in the case of transaction verification under the provisions of § 1 subparagraph 15 of the Regulations.

PayPro refuses to initiate a payment transaction if:

The Payer did not authenticate or did not provide credentials in accordance with subparagraph 7, or the credentials are incorrect, out of date, incomplete, blocked, restricted or otherwise do not allow for authentication in the Account Provider Interface;

The Account Provider refuses PayPro access to the Account, or access to the Account is impossible for other reasons;

initiating a payment transaction from the Account would result in illegal or unauthorised access to the Account;

Using the Account Provider Interface, PayPro relies on the authentication procedures provided to the Payer by the Account Provider. When using the ITP Service, the Payer should authenticate himself to the Account Provider and authorise the payment transaction initiated by PayPro, and if the use of the Account Provider’s Interface requires it – provide PayPro with the credentials necessary to initiate the payment transaction.

Using the ITP Service is allowed only for purposes consistent with the law and the Regulations.

It is forbidden for the Payer to initiate payment transactions if the Payer is not authorised to use the funds from the Account.

The payer may not revoke the payment order after giving PayPro consent to initiate the payment transaction. If the Payer cancels the payment order or fails to execute it for other reasons, PayPro may claim the amount of the payment transaction from the Payer.

Conditions of the Account Provider’s liability for unauthorised payment transactions initiated against the Account are specified in the agreement between the Payer and the Account Provider.

It is forbidden to send illegal content using the ITP Service.

The law applicable to the Agreement and the relations between PayPro and the Payer before the conclusion of the Agreement is the Polish law. If the Payer is not a consumer, the provisions on payment services shall not apply to the Agreement. This exclusion is permissible under these provisions in relations with entities other than consumers.

The Payer may withdraw from the Agreement without giving reasons or paying any penalty on this account within 14 days from the Agreement conclusion. The deadline is considered met if the declaration of withdrawal has been sent before its expiry. The declaration of withdrawal should be submitted in writing or sent by e-mail to the following address: serwis@przelewy24.pl. The right to withdraw from the agreement is not available to the consumer if PayPro has fully performed the ITP Service at the consumer’s request before the deadline referred to in the first sentence of this paragraph.

2. Complaints

Users may file complaints by email (serwis@przelewy24.pl), using the electronic contact form available at https://www.przelewy24.pl/en/complaints, by post (sent to the following address: PayPro SA, ul. Pastelowa 8, 60-198 Poznań) or directly at the organisational unit indicated by PayPro, where the Customer Service is located. Complaints filed by telephone or in person (minutes written during the visit of the person filing the complaint at the seat of PayPro) are also considered.

PayPro will process the complaint within the period of maximally 15 working days. The processing time may take longer in case additional information in required, yet no longer than 35 working days of the date of reception of the complaint.

Detailed information on filing and considering complaints is available at https://www.przelewy24.pl/en/complaints

3. Final provisions

Information pertaining to the right for litigation is included in the information regarding the complaint procedure mentioned in § 2 subparagraph 3 of the Regulations.

Information on the court of competent jurisdiction for the adjudication of disputes arising between PayPro S.A. and the User is included in the information regarding the complaint procedure mentioned in § 2 subparagraph 3 of the Terms and Conditions.

Transactions made by Przelewy24 are not banking transactions. Joining the Web Service does not require setting up a bank account within the meaning of the Civil Code (Act of 23 April 1964 – the Civil Code, Official Journal of Laws 1964, No. 16, item 93, as amended), as well the Act of 29 August 1997 – Banking Law (Official Journal of Laws 1997 No. 140, item 939).

Using the Web Service for servicing payments for the sale of illegal goods or services, in particular those infringing on the property rights of third parties, those not admitted for trade in the territory of the EU, as well as using the Web Service for payments for access to pornographic content is forbidden.

PayPro S.A. processes personal data in connection with payments made through Przelewy24. The processing is carried out in accordance with the provisions of law, in particular, the provisions of GDPR (RODO). Detailed information on the processing of personal data, including the rights and obligations pertaining to the data acquisition and processing, is available at https://www.przelewy24.pl/en/information-obligation-gdpr-payer.

The Personal Data Controller for the personal data of Przelewy24 Users is PayPro S. A. with its registered seat in Poznań, ul. Pastelowa 8, 60-198 Poznań.

Persons effecting payments through Przelewy24 grant their consent for receiving Payment confirmations by email. The Web Service is legally obligated to send such information. At the request of the User, PayPro will deliver the said information in paper form to the address indicated by the User, at a charge arising due to administrative costs.

PayPro informs that, in accordance with the law, after the execution of the Payment Transaction, it is obliged to immediately provide the Merchant, as the Payment Recipient, with information enabling the Payment Recipient to identify the Payment Transaction and, if applicable, the Payer, as well as any other information provided to the Recipient in connection with the execution of the Payment Transaction. Therefore, in such circumstances, sharing this information with the Merchant will not constitute a breach of professional secrecy regarding the provided payment services.

If, when making a Payment Transaction, the User chooses a payment method under which he applies for a consumer loan (with which the Payment to the Merchant is made) via an Intermediary Institution, such choice will mean that the Payer appoints PayPro to transfer Payer’s personal data collected in connection with the processing of this Payment to the Intermediary Institution. The data is necessary for the Intermediary Institution to conclude a consumer loan agreement and activate the loan to complete the Payment.

The Regulations are made available free of charge to every User on the website of the Web Service or the website of the Merchant prior to making payments.

PayPro reserves the right to amend the Regulations. The amendments will enter into force on the day of their posting on the website of the Web Service.

In matters not regulated by the provisions of the Regulations, the commonly binding provisions of law, including the Act on payment services, will apply.