Appendix no. 1 to Terms and Conditions of charytatywni.allegro.pl
Terms and Conditions of PayU Service (hereinafter: "Terms and Conditions")
Article 1. TERMS AND CONDITIONS OF SERVICE PROVISION
The entity providing the PayU service, hereinafter referred to as the "PayU Service", to Users shall be PayU SA with the registered office in Poznań, 60-166 Poznań, ul. Grunwaldzka 182, domestic payment institution supervised by the Polish Financial Supervision Authority, entered into the Register of Payment Services under number IP1/2012, entered into the Register of Entrepreneurs kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Department of the National Court Register under KRS number 0000274399, with share capital of 4,944,000 PLN paid up in full and tax id no. NIP: 779-23-08-495, statistical number REGON 300523444, and may be contacted by the User at firstname.lastname@example.org, hereinafter referred to as the "Payment Operator". During provision of the PayU Service the Payment Operator acts as a payment service provider as defined in the Act on Payment Services of 19 August 2011 (Journal of Laws 2011.199.1175 as amended), hereinafter referred to as "Act". The body that supervises the Payment Operator is the Polish Financial Supervision Authority. The Payment Operator has been entered into the register of domestic payment institutions kept by the Polish Financial Supervision Authority under number IP1/2012.
PayU Service is a payment service as defined in the Act, in the scope of receiving by the Payment Operator of funds transferred by the Buyers through available payment channels in order to make a payment for an Item and its shipping cost, which are listed on the Seller’s payment account (only shipping costs) and on the PBO’s payment account (Item price). The above-mentioned payments shall be transferred upon a monetary obligation arising from agreements concluded between Sellers and Buyers in Transactions.
It shall not be required for Users to open a bank account to be able to access and use the PayU Service, and any operations connected with it shall not be considered banking activities as defined in the Banking Law.
Within the scope of the PayU Service, the Payment Operator shall use services provided by specialised financial institutions chosen with due diligence.
The PayU Service may be provided only to Users having equipment allowing to access the Internet, including software used to browse online resources.
The Payment Operator shall not be a party to the agreement between the Buyer and the Sellers and shall not be held liable for improper performance or failure to perform any agreements entered into by Users, subject to actions included in the PayU Service. In particular, the Payment Operator shall not be held liable for the ability of Sellers to conclude and perform agreements related to the sale of items or services and the solvency of Buyers.
Subject to Art. 4.7. and 4.8., the User shall not incur any additional cost of the Payment Operator related to the provision of the PayU Service. The User shall pay fees for using the PayU Service, pursuant to agreements entered into with of payment service providers (bank or acquirer) by the User as well as shall incur costs of online data transmission due to the use of the PayU Service.
Any financial operations relating to the PayU Service shall be made exclusively in the Polish currency.
The PayU Service must not be used for any other payments than settlement of amounts due by Buyers to Sellers, which result directly from agreements entered into in respect of Transactions, and for payouts.
Within the scope of the PayU Service:
a Buyer can pay for the Item and its shipping costs through payment channels offered by the Payment Operator and accepted by payment services providers, including without limitation:
use of payment card accepted by the bank or the acquirer cooperating within the scope of the PayU Service,
other methods provided by the Payment Operator.
it shall be possible to transfer funds upon the User’s request through wire transfer from the payment account to a bank account defined by the Seller and mentioned in Art. 4.3.
Each User can access at any time electronic billing related to the PayU Service (My Sale -> PayU -> Account balance and funds withdrawal).
The Payment Operator shall communicate with Users in the Polish language. This language shall be used to draft all the documents establishing relations between Users and the Payment Operator.
Article 2. VERIFICATION PROCEDURE
The User acknowledges that within the PayU Service the verification process of financial credibility of persons shall be performed in accordance with Art. 10 of the Act, and as a result, it shall be possible to modify the terms and conditions of processing payments or make the provision of certain services dependent on a risk group a User has been qualified for. The Payment Operator shall perform a risk assessment of processing payments on the basis of data available when providing the PayU Service. In justified cases, the Payment Operator shall reserve the right to deny processing a certain payment, in particular if the Payment Operator reasonably suspects that the transaction paid for or the payment itself may be illegal. The Payment Operator shall not be held liable for damage suffered by the User due to the denial referred to in the previous sentence.
The Payment Operator reserves the right to discontinue providing services for the User in the event the User’s account is blocked or when actions mentioned in Art. 8.4 of the Allegro User Agreement are performed. The Payment Operator may also block the User’s payment account in the following cases:
change of User’s data, in particular change of bank account number,
outdated or incorrect data required to process the payment order,
receipt of a notification or a decision issued by an authorized body
suspicion of money laundering. In such case, the Payment Operator shall notify the General Financial Information Inspector (GIIF) about it and then shall proceed as per GIIF’s instructions.
The User acknowledges that payment instruments (in particular a payment card) may be used exclusively by its authorised holder, i.e. the person authorised to use it under an agreement concluded with its issuer. Any cases of law infringement shall be reported to law enforcement authorities.
The User shall undergo an identification process referred to in the Act on Anti-Money Laundering and Counter-Terrorism Financing (consolidated text: Journal 2010.46.276 as amended), hereinafter referred to as "User Identification", in accordance with the provisions set forth in the Appendix no. 8 to the Allegro User Agreement.
Article 3. PAYU SERVICE FOR BUYERS
When providing the PayU Service for the Buyer, the Payment Operator shall transfer the funds received to the bank account of the Seller and PBO. The PayU Service for Buyers shall be processed no later than until the end of the following business day after the receipt by the Payment Operator of the payment order from the Buyer. The payment order shall be deemed received by the Payment Operator on the day when the Payment Operator’s bank account was credited with the amount resulting from the payment for the Item and shipping cost made by the Buyer.
The Payment Operator shall provide the PayU Service on the basis of the payment order made by the Buyer, which shall be made by filling out an application form where the Buyer indicates a Seller, the PBO and the payment amount. The Buyer may not withdraw the payment order after it has been received by the Payment Operator. If the Payment Operator does not receive the payment order within 10 days after submitting the payment order, the order shall be assigned the "cancelled" status.
The Payment Operator shall offer the following payment channels accepted by payment service providers within the PayU Service:
electronic funds transfers, including non-cash payments made in the Polish currency,
wire transfers made outside the Internet or other electronic transfers,
payments by payment cards, including non-cash payments in the Polish currency by payment cards, authorised by banks to make online transactions,
other payment methods made available by the Payment Operator, allowing for performance by the Buyers of their obligations towards Sellers.
The maximum amount of operations made via the PayU Service may be specified in relation to a certain Buyer by a bank, acquirer or the Payment Operator. Allegro.pl and the Payment Operator shall not affect and shall not be held liable for any limitations established by the entities referred to in the preceding sentence.
In addition, the PayU Service shall enable the Buyer without limitation to:
In order to make it possible for the Payment Operator to properly provide a Buyer with the PayU Service, pursuant to Article 6.1 hereof Allegro.pl shall provide the Payment Operator with the following data: first name, last name, street and house number, postal code, city, email address, phone number.
Article 4. PAYU SERVICE FOR SELLERS
When providing the PayU Service for the Seller, the Payment Operator shall manage a payment account for the Seller and upon Seller’s request shall transfer funds kept therein to the bank account indicated by the Seller.
Moreover, the PayU Service shall allow Sellers to:
access information on payments made by Buyers,
access information on the payout status initiated by the Seller ("started", "cancelled", "ended").
Within the PayU Service the PayU Operator shall provide Sellers with a payment instrument of a limited functionality that allows for transferring the whole sum collected on the Seller’s account to the bank account indicated by the Seller. Payouts shall be processed according to the data referred to in Art. 4.4, in particular to the indicated bank account number.
In order to make the payout referred to in Art. 4.5 and 4.6, the Seller shall fill out the configuration form available on Allegro websites in the PayU section. When filling out the configuration form, the Seller shall provide the following data: first name and last name, address, email address, phone number, bank account number where funds collected on the payment account shall be transferred to. The above-mentioned User’s data shall match data of the owner of the bank account used to make the payment related to the User Identification. In the case of Junior Accounts, the above data may be this of a legal guardian of the Account User.
When using the payment instrument referred to in Art. 4.3. the Seller may request that funds collected on the payment account be transferred to the account opened with a Polish bank. The Payment Operator shall transfer all the funds collected on the payment account to the bank account indicated by the User no later than until the end of the following business day after receipt by the Payment Operator of the payout order from the User. If the payout is requested on Saturday, Sunday or public holiday, it shall be deemed received by the Payment Operator on the first business day after that day. If the Seller does not request the payout referred to in the preceding sentence, payouts shall be made on 15th of each month (if the 15th day of the month falls on Saturday, Sunday or public holiday, the payout shall be made on the following business day).
Acting upon a Seller’s request, the Payment Operator shall pay out funds accrued on the payment account by transfer to a bank account kept by a bank based in Poland.
Upon a special request submitted by the Seller, the Payment Operator shall transfer all funds collected on the payment account to the bank account kept in the bank based outside Poland, and such request shall be processed twice a month, i.e. on the 1st and 14th day of the month or once a month, i.e. on the 1st day of the month for amounts lower than 100 PLN. The Payment Operator shall transfer all the funds collected on the User’s payment account to the bank account indicated by the User, operated with a bank based outside Poland, no later than until the end of the following business day after the 14th day of the month (if the 14th day of the month falls on Saturday, Sunday or public holiday, the payout shall be made on the following business day) or until the end of the first business day of the month following the receipt by the Payment Operator of the payout request from the User. Upon a special request submitted by the User, it shall be possible to request funds to be transferred to the bank account kept in the bank based outside Poland more often than twice a month, after prior agreement of costs of such request to be incurred by the User each time with the Payment Operator.
Upon a special request of Users who have accrued an amount exceeding 800 PLN on their payment accounts, it shall also be possible to request a payout by postal order to an address in Poland. The first name and last name of a person who receives such postal order shall comply with the User’s data. Payouts by postal order shall be processed on the 1st day of the month. If the first day of the month falls on Saturday, Sunday or public holiday, the payout shall be made on the following business day. Payouts by postal order may be processed more often than once a month after prior agreement of costs of such request to be incurred by the User each time with the Payment Operator, subject to the fact that the total amount of all payouts in a month does not exceed 800 PLN.
The User shall be entitled to pay out funds collected on the payment account to a foreign bank account pursuant to Art. 4.7 provided that the User’s bank accepts the possibility to clear payouts in PLN. If the bank referred to in the previous sentence does not clear payments in PLN, the Payment Operator shall not be able to transfer the funds until the User opens an account in a bank that clears transactions in PLN.
The payout referred to in Art. 4.5 - 4.8. shall be effective for the Seller if correct identification data (username and password) were provided when logging in to the Seller’s Account.
The Seller may not cancel the payment order referred to in Art. 4.5 - 4.8. hereof after it has been received by PayU.
Article 5. COMMON TERMS AND CONDITIONS OF PROVIDING PAYU SERVICES FOR USERS (BUYERS AND SELLERS)
The PayU Service for Users including the payment service referred to in Art. 1.2 shall be provided under a framework agreement defined by the Act whose provisions are contained herein.
The Agreement on Providing the PayU Service (framework agreement) concluded between the User and the Payment Operator requires acceptance of the Terms and Conditions of Charytatywni and hereof.
The Agreement on Providing the PayU Service for Users shall be concluded for the term of the agreement concluded by the User and ALLEGRO on charytatywni.allegro.pl.
Any references herein to a time limit expressed in business days shall mean a day other than Saturday and public holiday.
Any User’s correspondence directed at the Payment Operator shall be sent to the Payment Operator’s address or by electronic means through the form available at charytatywni.allegro.pl/en/contact. The correspondence shall contain at least the Allegro username and a description of the request.
The content of the framework agreement referred to in Articles 5.1. and 5.2. shall be available at charytatywni.allegro.pl/en/agreement in a manner that enables its recording and the reproduction of data in an unchanged form.
If the User submits a request in a manner defined in Art. 5.5., this document shall be delivered to the User by the Payment Operator in writing (as hard copy).
The Payment Operator shall be held liable for failure to perform or improper performance of payment transactions under the terms and conditions specified herein and in the Act.
The Payment Operator shall inform the User about any amendments to the provisions of the framework agreement included herein no later than 2 months before the date when they are to become effective. The information shall be provided on the Allegro website in a manner that enables its recording and reproduction of data in an unchanged form or in writing (as hard copy), upon User’s request submitted in accordance with Art. 5.5.
If the User fails to make an objection to these amendments before the effective date of the framework agreement, it shall be considered that the User has given his or her consent to them. If the User submits his or her objection in writing to the Payment Operator’s address, but does not terminate the framework agreement in the manner defined in Art. 5.11., the framework agreement shall expire on the day preceding the effective date of suggested amendments.
The User shall be entitled to terminate the framework agreement before its effective date by submitting a termination notice in writing to the Payment Operator’s address. In such case, the agreement shall be terminated immediately, but the provision of initiated PayU Services for Users shall be discontinued under the rules specified herein.
Information on the status of performing the PayU Service and information required to identify payment transactions for the benefit of the User and payouts requested in the manner referred to in Articles 4.5 - 4.8 shall be available on the User’s Account and provided by the Payment Operator to the e-mail address indicated by the User. The above-mentioned information shall be transferred to the Seller in the manner that enables its recording and the reproduction of data in an unchanged form.
For the purpose of avoiding any unauthorised payment transactions, the User shall not disclose his or her identification data (username, password) to any third parties.
The User shall immediately notify to the Payment Operator any cases of loss or unauthorised use of his or her identification data, which allows for making a payment order. Such notifications shall be provided in the manner referred to in Art. 5.5. within 13 months from the day of debiting the User’s payment account with the amount of an unauthorised transaction. If the User fails to provide such notification in the above-mentioned time limit, any claims of the User on unauthorised, non-performed or improperly performed payment services towards the Payment Operator shall expire.
Article 6. PRIVACY AND CONFIDENTIALITY
Users’ personal data shall be transferred to the Payment Operator by Allegro.pl in order to provide the PayU Service and to fulfil the obligations by the Payment Operator as specified in provisions of law.
The transfer of personal data of Users to the Payment Operator shall concern data required to provide the PayU Service and fulfil obligations related to provision of the PayU Service (such as: first name, last name, street and house number, postal code, city, email address, phone number).
In reference to Users’ personal data transferred by Allegro.pl to the Payment Operator, this personal data shall be processed as defined in the Act on Personal Data Protection of 29 August 1997 (consolidated text: Journal of Laws of 2002, no. 101, item 926 as amended) by the Payment Operator, in addition to Allegro.pl.
Users’ personal data transferred to the Payment Operator by Allegro.pl shall be processed pursuant to provisions of law, including the provisions of the Act on Personal Data Protection of 29 August 1997 and the Act on Provision of Electronic Services of 18 July 2002.
The Payment Operator shall use best endeavours to select and apply relevant technical and organisational measures ensuring the protection of processed data, including programming security means (e.g. data encryption systems). The Payment Operator shall secure data against making it available to unauthorised persons as well as against other cases of its disclosure, loss, destruction, unauthorised modification or illegal processing. The Payment Operator shall exercise continuous control over data processing and shall limit access to data as far as possible by granting relevant rights only if this is required for correct provision of services.
The Payment Operator shall ensure that Users whose personal data has been transferred by Allegro.pl are able to exercise their rights resulting from the Act on Personal Data Protection, including without limitation the right to access their personal data and correct it, and the right to control the processing of Users' personal data on principles laid down in the Act. Upon exercising the right to control personal data processing, Users whose personal data has been transferred by Allegro.pl are entitled, in particular, to submit – in the cases specified in the Act on Personal Data Protection – a written and well-grounded request to discontinue processing of such personal data due to a specific situation as well as to raise an objection to data processing if the Payment Operator intends to process it for marketing purposes or to providing personal data to data administrators other than the Payment Operator.
Personal data which has been transferred by Allegro.pl to the Payment Operator may be disclosed to entities authorised to obtain it pursuant to applicable provisions of law, including without limitation competent judicial authorities, in particular when the Payment Operator fulfils obligations defined by the law concerning the provision of PayU Service by the Payment Operator. Users’ personal data transferred by Allegro.pl to the Payment Operator may be disclosed – in the scope and for time period necessary to provide or perform the PayU Service and in relation to the service – to third parties cooperating with the Payment Operator in providing or performing the PayU Service, or being the participant (including beneficiaries) of the PayU Service.
Article 7. COMPLAINTS PROCEDURE
The User may lodge a complaint in the case of the failure to perform the services specified herein or if their performance is inconsistent with the provisions hereof.
A complaint may be lodged in writing to the Payment Operator’s address or electronically, using the contact form available at charytatywni.allegro.pl/en/contact. The complaint shall contain at least a name under which the User acts on Allegro (login) and a description of submitted reservations.
If data or information specified in the complaint requires completion, before considering it, the Payment Operator shall request a person lodging the complaint to complete it within the indicated scope.
The Payment Operator shall consider the complaint within 14 days from the date of its receipt. If the complaints procedure requires cooperation between the Payment Operator and a bank cooperating in payment processing, this deadline may be extended by the time necessary for obtaining relevant information from the bank; however, it cannot exceed 90 days from receipt of the complaint. The Payment Operator shall inform the User about the extension of the time for handling the complaint, indicating the reason for delay, circumstances to be explained and deadline for providing a final reply.
The User hereby grants consent for a reply to the complaint to be sent to the email address assigned to the User’s Account. In particularly justified cases, the Payment Operator may send a reply to another email address indicated by the person lodging the complaint, which is not assigned to the Account.
Article 8. FINAL PROVISIONSArticle 8. FINAL PROVISIONS
Pursuant to the Act on Protection of Some Consumer Rights and Product Liability of 2 March 2000 (Journal of Laws of 2000, No. 22, item 271, as amended), a User who is a consumer has the right to withdraw from the agreement referred to in Art. 5.1 and 5.2 within 10 days after it is concluded without providing any reason by submitting an online statement to: email@example.com or in writing to: PayU S.A. 60-166 Poznań, ul. Grunwaldzka 182. The fulfilment of requests processed within the scope of the PayU Service for the Buyer and the Seller shall be completed in accordance with provisions hereof.
A User shall be entitled to withdraw from the agreement referred to in Art. 5.1 and 5.2 at any time by submitting an online statement to: firstname.lastname@example.org or in writing to: PayU S.A. 60-166 Poznań, ul. Grunwaldzka 182.
In matters not regulated herein, as well as in relation to definitions used herein and written in capital letters, the provisions of the Terms and Conditions of charytatywni.allegro.pl shall apply, unless otherwise specified herein.
The agreement between the User and Allegro.pl and the agreement between the User and the Payment Operator, referring to services provided by the Payment Operator within the scope of the PayU Service on the terms and conditions set forth herein, shall be governed by Polish law.
The User may complain to the Payment Operator’s supervising body about activities carried out by the Payment Operator if they infringe provisions of law.