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 person 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. Kanclerska 15 (60-327), 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 4,500,000.00 PLN, fully paid in, entered in the register of domestic payment institutions kept by the Polish Financial Supervision Authority, entry No. UKNF 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, ID and Method of Payment.
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 payment 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 operating 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.
§ 1. General Provisions
- The Regulations set out terms and conditions of making Payments through the Web Service available for the Users.
- Przelewy24 makes available for the Client various Payment Methods, accepts Clients’ Payments, sends the Seller confirmations of effected Payments 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 will be transferred.
- Payments must be made within the specific time set out 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 Client 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 Web 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 in case 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 Web 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:
a. for payments made with the use of payment cards or an electronic wallet – servers of the respective payment operators cooperating with Przelewy24.
b. for payments made by bank transfer – 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, technical breaks on the part of the Intermediary Institution, 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 pursuant to the agreement concluded by and between the Payer and the Intermediary Institution, as well as pursuant to the 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.
- 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 at 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 the competent authorities to pursue further actions in accordance with the regulations on counteracting money laundering and financing terrorism.
- 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.
- The Service is rendered for the User free of charge.
a. 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 (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.
b. 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.
c. 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.
d. 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.
e. The status of the Prepayment may be followed at https://secure.przelewy24.pl/przedplata
f. 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.
g. 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.
- 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.
- 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.
- 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.
§ 2. Complaints
- Users may file complaints by email (email@example.com), using the electronic contact form available at https://www.przelewy24.pl/kontakt/reklamacja, by post (sent to the following address: PayPro SA, ul. Kanclerska 15, 60-327 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 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/eng/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, especially 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/obowiazekinformacyjny.
- The Personal Data Controller of the personal data of the Users of Przelewy24 is PayPro S. A. with its registered seat in Poznań, ul. Kanclerska 15, 60-327 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.
- 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.