Terms and conditions of use of the PayU payment system for the purpose of paying the price of goods within the beneko Marketplace


Beneko Marketplace Operator

Business name:

Beneko.com LLP

Registered office:

The Business Resource Network, 53 Whateley’s Drive,
Kenilworth, Warwickshire, CV8 2GY,
United Kingdom

Company number:            

OC427952

Registered in:  

The Registrar of Companies for England and Wales

Contact:
(hereinafter referred to as the “Operator

info@beneko.com


PayU System Operator

Business name:

PayU S.A.

Registered office:

Grunwaldzka 186, 60-166 Poznan, Poland.

Tax number:

779-23-08-495

Entered in:

The business register maintained by the District Court in Poznan – Nowe Miasto i Wilda in Poznan, 8th Business Department of the National Court Register under number KRS 0000274399.

Contact:

a) Delivery address:

Mokotowska 1, 00-640, Warsaw, Poland.

b) Email address:

podpora@payu.cz or pomoc@payu.pl

c) Telephone number:

(hereinafter referred to as the “PayU“)

+48 61 630 60 05


I.
INTRODUCTORY PROVISIONS

  1. These Terms and Conditions of Use of the PayU Payment System for the purpose of paying for the prices of goods within the Beneko Marketplace (hereinafter referred to as the “Terms and Conditions of PayU“) are issued by BENEKO.COM LLP, stated in the heading of these Terms and Conditions of PayU as the Beneko Marketplace Operator.
  2. The purpose of these Terms and Conditions of PayU is to lay down the rights and obligations arising from the use of PayU S.A. PayU payment system, tax number: 779-23-08-495, with registered office at Grunwaldzka 186, 60-166 Poznan, Poland, office in the Czech Republic Antala Staška 2027/77, 140 00 Prague 4, registered in the Business Register at the District Court in Poznan – Nowe Miasto i Wilda in Poznan, 8th Business Department of the National Court Register under number KRS 0000274399, with a registered capital of PLN 4 944 000, paid in full.
  3. Taking into account the specific nature of the payment services provided by PayU and the obligations of PayU towards entities using payment services and providing individual Payment methods, the Operator and PayU shall issue these Terms and Conditions of PayU, which are binding on all Retailers to which Users pay the purchase price of goods or services purchased through the Portal through PayU.
  4. These Terms and Conditions of PayU constitute a part of the Special terms and conditions of using the Portal under Article I. point 3. of the Terms and Conditions of use for Beneko Marketplace websites, available at https://beneko.com/gbc (hereinafter referred to as the “Conditions of Use“), which apply to the relationship between the Retailer and the Operator to the extent to which these Terms and Conditions of PayU do not stipulate otherwise. The interpretation of terms pursuant to Article II. of the Conditions of Use applies to these Business terms and conditions, unless a different term is referred to, with a definition of its interpretation, in these Terms and Conditions of PayU.

II.
INTERPRETATION OF TERMS

  1. PayU – the company PayU S.A., tax number: 779-23-08-495, with registered office at Grunwaldzka 186, 60-166 Poznan, Poland, office in the Czech Republic Antala Staška 2027/77, 140 00 Prague 4, registered in the business register at the District Court in Poznan – Nowe Miasto i Wilda in Poznan, 8th Business Department of the National Court Register under number KRS 0000274399, with a registered capital of PLN 4 944 000, paid in full. The company PayU S.A. is the operator of the PayU System based on an authorisation by the Polish Financial Supervision Authority  (Komisja Nadzoru Finansowego) for the activities of a payment institution, IP number 1/2012, according to which it is authorised to provide payment services. The authority carrying out supervision of the Operator pursuant to the Act on payment systems is the Financial Supervision Authority (Komisja Nadzoru Finansowego), with registered office at Plac Powstańców Warszawy 1 00-030 Warsaw, Poland.
  2. Retailer – Under the Contract, a Retailer uses the Portal (internet portal http://beneko.com ), within which it issues offers of its goods or services on the Portal and concludes purchase agreements with the Users and receives via the Operator payments of the purchase prices of goods or services paid through the PayU System.
  3. Administration interface – an interface through which a registered vendor can communicate with the Operator, handle payments received by the Operator in his favour from individual Users and perform settings.
  4. AML Act – means Act No. 297/2008 Coll., on protection against legalisation of proceeds from crime and terrorist financing and on amendments to certain acts, as amended.
  5. Authorization limit -the maximum amount of money per transaction that a Retailer is authorized to execute without authorization.
  6. Retailer´s Bank – a monetary institution in which the Retailer has an account specified in the registration form to receive purchase price payments.
  7. Card holder – User, i e. the buyer who pays for the goods or services ordered through the Portal using a Payment card.
  8. E-mail address of the Retailer – the Retailer’s contact e-mail address specified in the Agreement.
  9. Identification – identification of the Retailer, which PayU is obliged to perform under the terms and conditions specified in the AML Act.
  10. Card association – the card associations MasterCard International, Visa International and Diners Club International.
  11. Business terms and conditions – Beneko marketplace general business terms and conditions for Retailers, available at https://beneko.com/gbc_sellers.
  12. Partner – a bank or other financial institution, including the authorization and billing center, with which PayU cooperates in processing payments through the PayU System.
  13. Payment gateway – an internet authorization platform for accepting payment cards, operated by a licensed Processing institution, made available by PayU to Users under the Agreement, through which Customers enter the data necessary to make a Payment card payment, which Payment gateway is secured with the 3D Secure technology.
  14. Payment card – a Credit association card, enabling its holder to make cashless payments for goods and services on the internet.
  15. Payment method – a specific method of payment by which the User can pay for goods or services offered through the Portal using the PayU System. Individual Payment methods, with the exception of a regular bank transfer, include PayU System solutions agreed between PayU and individual partners.
  16. Payment account – a virtual payment account maintained by PayU for Beneko Marketplace within the PayU System, which Beneko.com is authorized to dispose of through the Administration interface and on which PayU keeps records of individual Transactions credited to the Retailer.
  17. bank Platform – the technical interface of the Processing bank system enabling communication of the Bank’s system with the GPE Payment gateway.
  18. Authorized officer – a PayU employee or external employee specified in the Agreement, or as specified in the Agreement, authorized by PayU to provide support to Retailers and communicate with them in connection with the use of the PayU system.
  19. PSP – Payment services provider or Payment facilitator, i.e. an entity that can offer and provide a payment card acceptance service based on cooperation with a bank.
  20. Agreement – a cooperation agreement governing the rights and obligations of the parties in the sale of goods and services through the BenekoMarketplace.com portal and in the use of the PayU System for the payment of the price of goods and services concluded between the Operator and the Retailer under the Business terms and conditions.
  21. Deduction of a monetary amount – reduction of the amount that the Operator is obliged to pay to the Retailer under the Agreement by the amount of the Operator’s receivables from the Retailer in respect of damages resulting from a breach of the Agreement by the Retailer or due to the obligation to return the amount of the Transaction to the User; The Operator is entitled to deduct a monetary amount from the Retailer’s Payment account only in the cases and under the conditions expressly stated in the Agreement or in the Business terms and conditions.
  22. PayU System – an on-line payment gateway managed by PayU, offering the possibility to use several Payment methods.
  23. Transaction – a set of operations performed through the PayU System or the systems of individual Partners in order to complete the User’s payment for the Retailer’s goods or services offered through the Portal.
  24. card Issuer – a bank or other financial institution authorized to issue Payment cards and which is a member of the Card association.
  25. Processing bank – a bank with which PayU has concluded a cooperation agreement in the field of acceptance of Payment cards.
  26. ZPS – Polish Act on payment services of 19. 8. 2011.

III.
APPPLICATION OF THE TERMS AND CONDITIONS OF PayU

  1. The Retailer uses the PayU System to receive payments made by Users based on purchase agreements with Users through the Portal, but is not in a direct contractual relationship with PayU. These PayU Terms and Conditions govern the Retailer’s rights and obligations in connection with the use of the PayU System. The use of the PayU System by the Retailer is subject to the conclusion of an Agreement with the Operator.
  2. These Terms and Conditions of PayU apply to all Retailer who have entered into the Agreement. If the Agreement or the Business terms and conditions contain provisions different from these Terms and Conditions of PayU, the provisions of the Agreement shall prevail.
  3. Identification of the Retailer. The proper completion of Identification is a condition for the transfer of funds received through the PayU System from the Payment account to the bank account specified in the Agreement or in the Registration form.  The Identification terms and conditions are set out in the Business terms and conditions.

IV.
GENERAL RULES FOR THE OPERATION OF THE PayU SYSTEM

  1. The Retailer acknowledges that PayU uses the products and systems offered and delivered by the individual partners to operate the PayU System. PayU is therefore obliged to ensure that the terms and conditions of use of the PayU System are in compliance with the terms and conditions of use of the products and systems of the individual Partners. For this purpose, PayU is entitled to unilaterally change the wording of these PayU Terms and Conditions in the manner specified in Article XI., point 2. of the Conditions of Use.
  2. The operations performed by PayU within the PayU System are not banking operations. All Transactions are established and executed only in Euro (EUR).
  3. All funds in a PayU bank account to which PayU is entitled to receive payments from the Retailer’s Users are kept separately from other PayU funds that are not the subject of Transactions pursuant to ZPS. These funds may not be used for any purpose other than for payment to individual Retailer or refunds to Users. In the event of PayU’s bankruptcy, the funds are subject to the Retailer’s protection under the applicable provisions of ZPS. In case of bankruptcy of the bank providing the Payment method, the funds are protected in accordance with the provisions of Act no. 483/2001 Coll. on banks.
  4. Individual Payment methods are available through the PayU System, whose selection, activation and eventual deactivation is carried out by the Operator.

V.
BASIC RIGHTS AND OBLIGATIONS FOR USING THE PayU SYSTEM

  1. The Retailer is not authorized to offer through the Portal goods or services the offer or sale of which is contrary to law. If PayU or the Operator discovers that the Retailer offers through the Portal goods or services the sale or provision of which is prohibited by law, or contradicts the policies of PayU, the requirements of Partners or Card associations, in particular:
    a) pornographic products or services of an erotic nature;
    b) products that show or promote child pornography or other sexual practices exhibiting elements of the offence of spreading pornography;
    c) narcotic, psychotropic or poisonous substances;
    d) pharmaceuticals on prescription;
    e) tobacco products;
    f) goods or an offer of services through which crime may be assisted or promoted, or through which effective technical means of copyright protection may be circumvented;
    g) goods or services promoting the views of the extreme right or extreme left;
    h) goods or services promoting religious sects;
    i) other goods or services, which are likely to damage the reputation of the Operator, PayU or the PayU System among Partners or other third parties, it is entitled to refuse to process a payment for such goods or services; such a refusal to process a payment or a complete suspension of the PayU System is not an error or a breach of the Agreement by PayU or the Operator.
  2. If PayU incurs damage as a result of the sale of the goods or services referred to in the preceding paragraph of this Article, the Retailer shall fully compensate PayU for such damage. The Retailer is obliged to continually monitor compliance with the obligation set out in this Article of the Terms and Conditions of PayU.
  3. The Retailer is obliged to keep documents on the provision of goods or services to the User (delivery notes or delivery reports upon physical delivery), details about the User, including a record of communication with him and information about its IP address when delivered electronically, and in the case of the provision of the service by means of remote communication, the date and time of the communication with the User, the precise identification of the User and a record of the communication (if possible), all for a period of at least 24 months after the provision of goods or services. The Retailer is obliged to provide these documents to the Operator or PayU at their request.
  4. Upon the completion of the Transaction when shipping the goods or providing the service to the User, the Retailer shall issue the User with a tax document containing all the particulars required by law.
  5. When the User selects payment methods, the Retailer must not in any way disadvantage payments through the PayU System.

VI.
PROCESSING OF PAYMENTS IN THE PayU SYSTEM

  1. The PayU System may only be used to process Transactions executed on the Portal, for goods or services offered by the Retailer through the Portal.
  2. PayU will start processing Transactions executed through the Portal if their content and function has been successfully verified by PayU’s Authorized PayU employee; any comments will be notified to the Retailer by telephone or in writing (also electronically via e-mail).
  3. If the User credits funds to the Retailer through the PayU System and if all operations required by the Partners, including a positive authorization by the Partner, have been completed properly, the Transaction receives the „completed“ status. The completion of the submission of a payment order according to the selected Payment method shall be deemed as the authorization of the transaction by the User within the meaning of Section 98 of the ZPS. The moment of acceptance of the payment order is considered to be the receipt of the order by the User’s bank or the card Issuer. The User is not entitled to revoke a payment order from the moment of its receipt by its bank or card Issuer. The funds shall be made available to the Operator in the Payment account from the moment when their status changes to “completed”, which the Operator is always informed of, namely:
    a) within 1 hour for online payments (online transactions);
    b) within 1 hour for Payment card payments;
    c) within 2 business days for payments made by regular bank transfer;
    d) within 1 hour for SuperCASH service payments.
  4. The time limits referred to in the previous paragraph, letters (a) to (d), shall begin when all the operations requested by the Partners specified on their website and necessary for the execution of the Transaction are completed. All deadlines for the execution of payment transactions according to ZPS are met by PayU at the moment the funds are credited to the Payment account. Receiving a positive authorization response from the system Partner is a condition for the Transaction to be “completed”. If PayU receives a negative authorization response for a given Transaction, the Operator will be notified of this fact by the above deadlines and the Transaction will be marked with the appropriate status indicating the reason for its non-completion.
  5. Based on an agreement between the Operator and PayU, the Operator is obliged to inform the Retailer through the Administration interface of the current status of individual Transactions, in particular that the Transaction has received the “Completed” status or that PayU has received a negative authorization response to the Transaction, and, at the Retailer’s request to the Operator in the manner agreed in the Agreement, to instruct PayU to transfer funds from Transactions from the Payment account to the Retailer’s bank account stated as part of the conclusion of the Agreement.
  6. In the case of payments made by ordinary bank transfer, the Transaction receives the “completed” status and the Retailer shall be notified through the Administration interface. The Retailer is obliged to send to the User the goods or provide service that are paid by the User through the Transaction, or otherwise (depending on the specific nature of the goods or services) to enable the User to exhaust or use them immediately after the Transaction receives the „Completed“ status.
  7. If, for any reason, the Retailer returns to the User a payment made by the User via a Payment card, the Retailer shall refund this payment by wire transfer from the Retailer’s bank account specified in the Agreement solely by crediting the Payment card used by the User for payment for goods or services. PayU shall not be entitled to return such payments to the User in cash, even if the goods are returned in person at the Retailer’s premises.
  8. The Retailer has the option to return only a part of the payment (which has the „completed” status) to the User; point 7. of this Article shall apply mutatis mutandis in such cases. Even in the event of returning a part of the payment made, the Retailer shall not be entitled to a refund of the commission, its proportional part, or other cash payments by the Retailer provided for in the Agreement.

VII.
RIGHTS AND OBLIGATIONS OF PayU

  1. PayU is entitled to refuse to process a payment made by a specific User, in particular:
    a) if it has reasonable grounds to suspect that the Transaction is not in compliance with the law;
    b) if it has reasonable grounds to suspect that the Transaction was not executed with the consent of the holder of the credit card used for the Transaction;
    c) if it has reasonable grounds to suspect that the Transaction was not executed with the consent of the holder of the bank account that was used in the Transaction;
    d) if it has reasonable grounds to suspect that this is not a real Transaction (except for a test transaction).
  2. PayU is entitled to restrict the Retailer’s access to the PayU System, especially in the case:
    1. if there are grounds to believe that the PayU System is under threat from computer viruses caused by the Retailer;
    1. if it becomes aware of the unlawful nature of the goods or services offered by the Retailer through the Portal;
    1. if it becomes aware that the goods or services offered through the Portal are contrary to the principles or obligations set forth in the Agreement or these Terms and Conditions of PayU (particularly Article V, point 1.).
  3. The implementation of the measures referred to in points 1. and 2. of this Article is not a fault of the PayU System, nor is it considered a shutdown according to point 5. et seq. of this Article.
  4. In the event the PayU System becomes unavailable, the Retailer shall not be entitled to a refund of already paid commission or other fees and payments, or their proportional parts.
  5. PayU is obliged to provide continuous maintenance of the PayU System and of the hardware or software necessary for the proper operation of the PayU System. In this context, PayU is entitled to temporarily disable the operation of the respective server, or to substantially restrict its operation (downtime).
  6. PayU will perform shutdowns especially in the evening or during night hours (from 7:00 pm to 6:00 am), or on public holidays.
  7. Neither PayU nor the Operator shall guarantee continuous or uninterrupted access to the Administration interface or continuous or uninterrupted functionality of the PayU System. However, PayU is obliged to make the effort that can justly be required of it to process payments within the PayU System on time.

VIII.
PERSONAL DATA AND CONFIDENTIALITY

  1. The personal data of Retailers – natural persons using the System are processed by PayU in accordance with the relevant legislation of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / ES Details personal data processing by the Portal operator, including the rights of data subjects, are described in the privacy Policy (available at https://beneko.com/privacy-policy) and the cookie Policy documents (available at https://beneko.com/cookie-policy).
  2. PayU processes and uses the Retailer’s contact information solely for the purpose of communicating with Retailer; such data is not disclosed or provided to third parties, except:
    a) disclosure to PayU employees;
    b) to processors with whom PayU has a written contract for personal data processing;
    c) where necessary to comply with a legal obligation;
    d) the contractual Partners whose Payment methods are offered by PayU to provide payment services to the Retailer.
  3. In the event that PayU obtains from the Operator personal data of the Retailer or its authorized persons in connection with the identification under AML law or where required by the contract concluded between the Retailer and PayU, PayU is obliged to treat such data as confidential information and keep it only for the duration of the contract with PayU for the purpose of proving a future proof that it properly performed Identification.
  4. The Retailer can only exceptionally and only on a single occasion disclose the Users’ personal data to the PayU company, but only in cases of complaint settlement under Article X., point 1., which PayU processes only during the handling of the relevant complaint.
  5. PayU hereby declares that it processes personal data in accordance with the relevant data protection legislation.
  6. Each data subject has the right to ask PayU for an explanation or to request the removal of personal data from PayU’s databases and systems if it thinks that PayU processes its personal data contrary to the Agreement (if it is the Retailer’s at the same) or legal regulations.

IX.
SPECIAL PROVISIONS FOR THE PAYMENT CARD ACCEPTANCE SERVICE

  1. This Article applies to the Retailers with whom the Payment card acceptance service has been agreed using the Payment card acceptance provided by the Processing bank in which PayU acts as a PSP. In view of the specific nature of the PSP’s activities, the provisions of this Article IX. shall have precedence over other provisions of these PayU Terms and Conditions if they conflict with them.
  2. In order to provide a payment service pursuant to this Article, PayU has implemented a Payment gateway between the Payment methods located on the Portal pages for individual Retailers’ offers, and mediates the connection of this Payment gateway to the Processing bank Platform. PayU undertakes to accept payments made via Payment cards by Users to the Retailer on the internet and to pay these payments to the Operator in accordance with Art. VI.
  3. The Retailer undertakes to comply with the obligations and restrictions set forth in points 4. and 5. of this Article for the duration of the Agreement.
  4. For the purposes of this Article IX. of the Terms and Conditions of PayU, PayU is obliged to/entitled to:
    a) ensure through the Processing bank an authorization of the Transaction, i.e. verification that the Payment card is valid at the time of the Transaction, whether it is not blocked or not on the list of the Payment cards to be withheld, and whether the Card holder has sufficient funds in the bank account to pay the Transaction;
    b) allow the Retailer to execute Transactions in the EUR currency; the Retailer’s bank account designated for disbursement of the Transaction amounts from the Payment account must be held in the currency in which the Transaction is executed; if the User makes a payment from an account held in a currency other than EUR, when crediting a payment to the Retailer’s Payment account, the exchange selling rate on the date of the transaction processing by the Processing bank shall be used for conversion; if the currency of the transaction and the currency of the Retailer’s bank account for receiving payments from the Payment account are the same, no conversion is made;
    c) make available to the Operator in the Administration interface data on cleared Transactions pursuant to this Article;
    d) notify the Operator of the Processing bank’s decision on the legitimacy of a complaint made by the Payment card Holder, the payment card Issuer or the Card association;
    e) not pay the Retailer the amount of the Transaction from a specific purchase agreement concluded through the Portal if a certain payment was made under conditions not complying with the provisions of this Article, or if the card Holder, card Issuer or Card association raise an objection to such a Transaction and the Processing bank or PayU consider the objection to be justified after prior consultation with the Retailer, or if the Retailer breaches any obligation arising from this Article of the Terms and Conditions of PayU, or if there is a suspicion of any other fraudulent conduct by the Retailer in accepting Payment cards;
    f) stop the execution of Transactions for a specific Retailer to the extent relevant to the acceptance of Payment cards in the event that the Processing bank or Card association makes a request to exclude such Retailer’s Transactions from providing the Payment card acceptance service.
  5. The Retailer agrees to:
    a) immediately contact the Operator and refund the amount received in full if the Retailer is unable to deliver the goods or provide the service for any reason and is unable to provide PayU with a receipt for the goods corresponding to the User’s order;
    b) provide the Operator with the assistance necessary to provide the User with the following information through the Portal when offering goods or otherwise:
    – the full name (Retailer’s name or business name (not P. O. Box);
    – address, telephone number, e-mail address, customer center location details;
    – a detailed description of the goods offered for sale;
    – the price of the goods or services (if the price is stated in a foreign currency, the Retailer shall also indicate the price in EUR);
    c) notify PayU, in writing or electronically, in good time of any changes that may affect proper performance under this Article IX. of the Terms and Conditions of PayU, in particular changes in the organizational and legal form of the Retailer and in its ownership structure, changes in the name (trading company) of the Retailer and its registered office address (the one registered in the commercial register and the actual one), changes in the offered types of goods and services;
    d) inform PayU or the Operator immediately of the commencement of insolvency proceedings, or of the filing of a proposal for the opening of insolvency proceedings, the subject of which is the bankruptcy or impending bankruptcy of the Retailer; in the event of a breach of this obligation, the Retailer shall be liable to PayU for all damages incurred in this connection;
    e) to pay, at the request of PayU or the Operator, duly and timely all amounts due, in particular due to legitimate claims of Users, card Issuers or Card associations, and any penalties and other contractual penalties which will be charged to the Processing bank by the Card associations as a result of a breach of the Retailer’s obligations, and by the Processing bank thereafter to PayU, or determined by the Processing Bank for PayU, if the obligation to pay them arises as a result of a breach of the Retailer’s obligations set out by these Terms and Conditions of PayU.
  6. The Retailer acknowledges that the Operator and PayU are bound by the result of the authentication and authorization of the Transaction, and are not entitled to receive Transaction payments that have not been authorized and authenticated by the card Issuer.
  7. The Retailer may not delegate the performance of rights and obligations under this Agreement to any third party.
  8. The Retailer shall be liable for any breach of this Agreement, including liability for damage incurred by PayU as a result of a claim by the Payment card Holder, card Issuer or Card association. The Retailer shall pay any claim for damages to PayU within 15 days of the receipt of a request for payment, unless such claim is settled by offsetting against the Retailer’s claim in respect of the payment of funds received by the Operator to the Payment account (by deducting the monetary amount).
  9. PayU shall be entitled to discontinue the provision of the Payment card acceptance service at the instruction of the Processing bank or the Card association if there are excessive claims against the Retailer, if Retailer starts offering any of the excluded goods or services without the Operator’s consent or if the Retailer does not execute any Transactions pursuant to this Article IX. of the Terms and Conditions of PayU for more than 6 calendar months or when insolvency proceedings are initiated against the Retailer.
  10. An agreement whose scope is the provision of the Payment card acceptance service pursuant to this Article IX. expires upon the termination of the cooperation agreement between the Processing bank and PayU, under which PayU is entitled to provide the Payment card acceptance service, or upon the termination of the Processing bank’s authorization to process Transactions executed via Payment cards. This provision has the nature of a resolutory condition.

X.
RESOLVING CLAIMS, LIABILITY FOR DEFECTS AND DAMAGE

Resolving User claims in the case of payments by Payment card or m-payments

  1. The User has the right to make a claim for a Transaction executed through the PayU System directly at the bank that issued the relevant Payment card or to another payment service provider whose Payment method is offered by PayU (especially mobile operators providing the so-called M-Payments – unless otherwise specified in this Article, these entities are collectively referred to as the „bank“). The User can e.g. make a claim on the grounds that they did not receive the ordered goods or service, or that they did not receive them without defects, or that they were wrongly charged twice. In the event of such a claim, the bank shall have the right to request from PayU information and documents relating to the Transaction and at the same time have the right to unilaterally deduct from the PayU Payment account funds corresponding to the Transaction, including the applicable fees or commissions, unless PayU proves that the delivery of the goods or the provision of services was in accordance with the agreement concluded through the Portal between the Retailer and the User.
  2. Due to PayU’s obligations and the rights of the User and the bank referred to in point 1. of this Article above, Retailer is obliged to provide PayU with all necessary assistance, particularly to provide PayU with all relevant information about the performed Transaction related to the claim made by the User and the bank’s request, and the Retailer is obliged to deliver to PayU, within 3 days of the receipt of its request, particularly the following documents for the relevant Transaction:
    a) a tax document issued to the User, which shall contain all the particulars pursuant to respective UK legislation on value added tax, in particular the precise identification of the User;
    b) a copy of the shipping confirmation or a receipt for the ordered service, or other similar documents proving that the provision of goods or services by the Retailer was in accordance with the agreement concluded with the User, including a proof of delivery of the goods or services to the User pursuant to Article V., point 3.;
    c) identification details of the User who ordered the delivery of goods or services that are the subject of the complaint.
  3. The Retailer is obliged to keep these documents for a minimum of 24 months from the date of processing the Order to possibly provide the documents required in connection with the handling of the User’s claim. The Retailer is further obliged to ensure that, based on the delivery of his goods or services ordered through the Portal, the documents with the particulars mentioned in point 2. of this Article are issued.
  4. The Retailer acknowledges that banks or card issuers impose a forfeiture period not normally exceeding ten (10) days for a clarification of the Transaction and the User’s claim. If the Retailer fails to provide through the PayU Operator the information and documents referred to in point 2. of this Article within ten (10) days of the date when requested to do so in writing, PayU is entitled to unilaterally deduct funds from the Payment account, including any fees, penalties or other payments. At the same time, PayU is entitled to unilaterally deduct funds from the Payment account if, despite timely delivery of information and documents by the Retailer, it becomes apparent that the User’s claim was justified. Under these conditions, the Operator has the right not to pay from the Payment account to the Retailer the amount corresponding to the amount deducted by PayU. The Operator is always obliged to justify and document a deduction of funds to the Retailer.

Liability for defects and damage

  1. The Retailer shall be liable to the Operator for damages incurred by the Retailer in connection with all claims made due to a breach of these Terms and Conditions of PayU or the Business terms and conditions by PayU, due to a breach of the purchase or similar agreement concluded between it and the User or a breach of the Identification obligation under the Business terms and conditions.
  2. In particular, PayU shall be liable to the Retailer regarding compliance with the deadlines for the provision of funds that are the subject of the Transaction to the Retailer under Article VI., point 3. , and for incorrectly executed or unauthorized Transactions under ZPS.
  3. PayU shall not be liable for delays, non-execution or errors in Transactions caused by circumstances which PayU could not reasonably anticipate, prevent or influence, or for damages resulting therefrom.

XI.
DURATION AND TERMINATION OF THE AGREEMENT, FINAL PROVISIONS

  1. The duration of the Agreement and termination of the Agreement are set out in the Business terms and conditions.
  2. These Terms and Conditions of PayU were issued by PayU, which reserves the right to amend them. These Terms and Conditions of PayU form an integral part of the Agreement.
  3. The rules for unilateral amendments to these Terms and Conditions of PayU by the Operator are specified in Article XI., point 2. of the Conditions of Use.
  4. In the event that any provision of these Terms and Conditions of PayU is invalid or ineffective for any reason, this shall not invalidate or render ineffective the other parts of the Terms and Conditions of PayU or the Agreement.
  5. The use of the PayU System is governed by Polish law.
  6. These Terms and Conditions of PayU shall take effect from  01. 11. 2019.