APPENDIX No. 5a TO THE TERMS AND CONDITIONS - RULES FOR MAKING PAYMENTS THROUGH THE PAYMENT SERVICE PROVIDER - PAYU
1. GENERAL PROVISIONS
1. This section contains additional definitions related to the use of the Provider's payment services:
a. Chargeback - a complaint relating to a Transaction in which the payment card issuer, Payment Organisation or other financial institution requires a refund to the Buyer.
b. Provider - within the meaning of Appendix No. 5a, the company PayU S.A. with its registered office in Poznań, ul. Grunwaldzka 186, 60-166 Poznań, holding KRS number 0000274399, REGON [statistical number]: 30052344400000, authorised as a domestic payment institution and entered into the register of the Polish Financial Supervision Authority under number 0000274399.
c. Settlement tool - a settlement tool made available by the Provider to the Seller, enabling the recording of funds accepted from the Buyer in the performance of the Payment.
d. Payment Organisation - in particular Visa or Mastercard (including all their local organisations) and banks, as well as other organisations that manage the issuance and use of credit and debit cards or other payment methods, including bank transfers.
e. Terms and Conditions of the Payment Organisations - the applicable operating rules and guidelines issued by the Payment Organisations, as amended by the Payment Organisations.
f. Terms and Conditions of Payment Services - the terms and conditions of provision of payment services by the Provider to the Users, i.e. Sellers or Buyers respectively.
g. Payment services - payment services within the meaning of the Payment Services Act of 19 August 2011, provided by the Provider to the Users.
2. The Service Provider allows Users to settle Transactions made on the Platform through the Provider, under the terms and conditions set out in this Appendix.
II. GENERAL RULES OF USING THE PROVIDER'S SERVICES
1. The use of the Provider's Payment services requires the conclusion of a Payment service agreement between the Provider and the Seller. The Service Provider provides functionality on the Platform that allows the Seller to be redirected to the Provider's website in order to conclude this agreement.
2. For all Sellers who register on the Service Provider’s Platform after 31 January 2023, the conclusion of a Payment services agreement between the Provider and the Seller is a condition required in order to submit Offers on the Platform.
3. Sellers who registered and completed Verification on the Service Provider's Platform and submitted Offers by 31 January 2023 are required to conclude a Payment services agreement between the Provider and the Seller by 30 April 2023. Failure to conclude an agreement in question will result in the suspension of the Seller's Account.
4. The execution of the Payment requires the acceptance of the Terms and Conditions of Payment Services by the Seller and the Buyer.
5. The Provider decides on its own whether it will enter into an agreement for the provision of Payment services with the Seller and, as the case may be, the Buyer.
6. Subject to clause II.5 below, in order to process Payments, the Provider may make various payment methods available, including:
a. electronic payments by automatic transfer (including BLIK),
b. electronic payments by traditional transfers,
c. payment cards (including Visa Checkout digital wallets, MasterPass, ApplePay, GooglePay),
d. Trustly payments.
7. The Provider decides on:
a. not making a particular payment method available,
b. limiting the availability of a given payment method to selected Products, Services or categories offered on the Platform.
8. Flows of funds made within the Payment services are carried out outside the Platform.
9. The Seller will receive the amount of the Payments (payouts) to the Seller's bank account number provided to the Provider by the Seller, less the amount of the receivables that the Service Provider may deduct from the Seller's receivables, within the time limits set out in the table in clause II.14 below. In the event of a deduction, the amount resulting from the deduction will be transferred to the Seller's bank account.
10. The Service Provider may request the Seller or the Buyer who makes a Payment through the Provider to provide information about the Transaction that is necessary for the correct execution of the Payment by the Provider, and the Seller or the Buyer shall promptly, and not later than 3 business days after receiving the request from the Service Provider, provide such data to the Service Provider. This does not apply if the provision of such information would contravene generally applicable laws.
11. The Seller gives its unconditional and irrevocable consent for the Service Provider to transmit, at the request of the Provider or the Payment Organisations, information about the Seller's activities on the Platform, including the Transactions concluded and executed.
12. Subject to the possibility of making Payments to certain Sellers on a case-by-case basis and with the approval of the Provider, it is not permitted to make Payments in respect of Transactions involving the Products and Services listed in Appendix no. 5b.
13. The Provider does not support Payments with the use of payment cards in relation to the Sellers:
a. offering the sale of travel services,
b. franchises,
c. high risk, in accordance with Appendix no. 5c.
14. The Provider allows Payments to be made in currencies and on dates, depending on the country in which the Payment is made, as set out in the table below. The due date of the Payment shall be the date, expressed in business days, on which the Seller receives the amount of the Payment into its bank account in accordance with clause II.9 above (where "D" is the day of the Payment made through the Provider and the next number is the number of working days following that day).
|
No |
Country |
Currency |
Time limits for making the Payment |
|
1. |
Czechia |
CZK |
D+2 |
|
2. |
Estonia |
EUR |
D+2 |
|
3. |
Germany |
EUR |
D+2 |
|
4 |
Hungary |
HUF |
D+2 |
|
5. |
Lithuania |
EUR |
D+2 |
|
6 |
Poland |
PLN |
D+1 |
|
7. |
Romania |
RON |
D+2 |
|
8. |
Slovakia |
EUR |
D+2 |
III. OBLIGATIONS OF THE SELLER
1. In case of withdrawal from the Transaction, the Seller is obliged to return the amount of the Payment to the Buyer. In order to make a return, the Seller is obliged to use the same method of payment that was used to make the Payment.
2. If a refund via the Provider is not available or possible at the time of such refund, the Seller who has received the Payment via the Provider shall refund the amount of the Payment to the Buyer by transfer to the Buyer's bank account. The Buyer irrevocably and unconditionally consents to this method of return.
3. The Seller may not charge the Buyer any costs or fees in connection with the return referred to above.
4. The Service Provider shall make available to the Seller a list of Payments based on the information provided by the Provider, which, if possible within the framework of the respective payment method, will include the following data:
a. Name and surname / Buyer's name
b. Buyer's address,
c. Payment amount.
5. The Seller hereby unconditionally and irrevocably authorises the Service Provider to act in the name of and on behalf of the Seller in relation to the Provider with regard to the submission of payment instructions to the Provider for amounts (payouts) on account of completed Payments.
6. The Seller hereby unconditionally and irrevocably consents to the deduction from its receivables arising from agreements for the sale of Products or Services concluded with the Buyers of the amounts referred to in clause V.4 V.5 below.
IV. CLAIMS
1. The Provider does not process Users’ complaints regarding the Payment Services rendered by the Provider. If such a complaint is addressed to the Service Provider, the Service Provider will forward such complaint to the Provider.
2. The Provider shall process complaints from Users within 15 business days of their receipt. If the consideration of the complaint requires the Provider to interact with the Payment Organisations, this deadline may be extended by the time necessary to obtain the necessary information from the Payment Organisations, but no longer than up to 35 business days from the day the complaint is received by the Provider. The Provider shall inform the User of the extension of the time limit for processing the complaint, indicating the reason for the delay, the circumstances to be clarified and the deadline for providing a final reply.
3. The Service Provider may require the User to provide the Service Provider with a copy of the proof of sale and proof of delivery of the Products or Services purchased through the Platform, as well as to provide any other documents or information needed to process a claim for the Provider's services, including Chargeback claims. The deadline for the User to provide the documents or information referred to in the preceding sentence is a maximum of 3 working days from the date of receipt of the request from the Service Provider.
4. The Seller may not induce the Buyer to waive their right to complain about a completed Transaction.
V. LIABILITY
1. The Service Provider shall not be liable for the non-performance or improper performance of its obligations by the Provider.
2. The Service Provider shall not be liable for malfunctions or inaccessibility of the Payment Services for reasons beyond the Service Provider's control, in particular if they were a consequence of the Seller's or Buyer's use of the Payment Services in a manner contrary to this Appendix, the agreement concluded between the Seller and the Provider, the Terms and Conditions of Payment Services or if they were attributable to the Provider.
3. The Seller undertakes to indemnify the Service Provider against any liability that the Service Provider incurs or may incur to the extent that such liability results from the Seller's breach of the prohibitions referred to in clause II.10-II.11 above, and to pay the resulting damages.
4. The Seller agrees to reimburse the Service Provider for any costs, fees or penalties incurred by the Service Provider towards the Provider, the Payment Organisation or any other entity involved in the payment process, which the Service Provider has been charged with due to circumstances attributable to the Seller or belonging thereto, including:
a. the costs necessary to cover claims relating to the handling of Chargeback complaint, in the event that Chargeback complaint is found to be justified,
b. the costs necessary to cover claims for fraudulent transactions (fraud) where fraud or abuse has occurred on the part of the Seller,
c. the amount of penalties imposed on the Service Provider by the Provider or the Payment Organisation or any other entity involved in the execution of Payments for breaches of the Terms and Conditions of the Payment Organisations by the Seller,
d. amounts necessary to cover the settlement of the corrected transaction if the Trustly payment method is used.
5. In the event that the return of the amount of the Payment to the Buyer in connection with the withdrawal from the Transaction is made against the Service Provider's funds, the Seller undertakes to refund to the Service Provider the amount of the refund made.
6. The return referred to in clause V.4 and V.5 above, will take place no later than 5 business days after the Service Provider has delivered the Service Provider's request in this regard to the Seller by email.
7. If the Seller fails to make the return referred to in clause V.4 or V.5 above, or if the Seller exceeds the deadline referred to in clause V.6 above, the Service Provider may suspend the Seller's Account. The provisions of clause II.12 of the Terms and Conditions (Suspension of Account) shall apply accordingly.
8. The use of the Trustly payment method is voluntary and at the Buyer's discretion, insofar as this method is made available by the Provider. The Seller and the Buyer acknowledge and accept that if the Trustly payment method is used, although the billing account is credited with the amount of the Payment, the respective amount of the Payment may not actually be transferred to the Provider (e.g. due to a lack of funds in the Buyer's account or due to technical problems in the posting of operations on the part of the Payment Organisation). This risk is related to the established rules of Trustly payment method. In the event that the Provider does not receive the amount of the Payment in question, the Provider will automatically debit the Seller's balance (autocorrect billing) by the amount of the Payment for which funds have not been received. The Seller and the Buyer undertake not to raise any claims against the Provider on this account.
VI. CHANGES
1. The Service Provider may amend this Appendix for any reason. The change shall take effect on the date indicated by the Service Provider. This period shall not be shorter than 14 days from the moment the amended Appendix is made available on the Platform. The deadline may be shorter if we are required to amend the Terms and Conditions within a shorter period of time, including by the Provider, or exceptionally amend the Terms and Conditions to address an unforeseen and imminent threat.
2. To the extent not regulated herein, the provisions of clause III (Final provisions) of the Terms and Conditions shall apply mutatis mutandis to the amendment of the Appendix.
VII. FINAL PROVISIONS
1. In matters relating to Payment Services, Payment Organisations have the right to contact the Seller directly and the Seller is obliged to provide the Payment Organisations with the information requested by them.
2. Suspension or deletion of your Account prevents you from using the Provider's services for Transactions carried out on the Platform. Suspension or deletion of the Account may result in the termination of the Payment services agreement between the Provider and the Seller, as provided for in the Payment Services agreement between the Provider and the Seller and the Terms and Conditions of Payment Services.
3. With regard to Payments made using a payment card, the Service Provider complies with the standards set out in the Payment Card Industry Data Security Standard (PCI DSS) - an organisation of the PCI Data Security Council set up by payment organisations to standardise issues concerning the protection of payment cardholder data and in accordance with the guidelines of this organisation.
4. The Service Provider has the exclusive right to select and change the Provider at any time.
5. The list of Products and Services for which Transaction Payments are excluded constitutes as Appendix no. 5b to the Terms and Conditions.
6. The list of high-risk Sellers is attached as Appendix no. 5c to the Terms and Conditions.