General terms and conditions for the use of electronic currency
Fixed between:
The Customer of the Site or APP, a natural person residing in a Member State of the European Union or in a State which is part of the European Economic Area or in a third country which imposes equivalent obligations to combat money laundering and financing of terrorism, who acts in his own name and exclusively for non-professional purposes and who, in his own name and for non-professional purposes, accepts and accepts the payment issued by MangoPay SA and accepted by GrowishPay S.r.l. issued by MangoPay SA and distributed by GrowishPay S.r.l., hereinafter referred to as “User” or “Consumer-User”, on the one hand; the customer of the website or APP, a legal or natural person registered in the RCS (or in the national trade directory or in an equivalent professional organisation) in a member state of the European Union or in a state which is part of the European Economic Area or in a third country which imposes equivalent obligations in the fight against money laundering and financing of terrorism, and who acts in his own name and exclusively for professional purposes (commercial, industrial, craft or liberal), hereinafter referred to as “User” or “Professional User”, on the other hand;
Gruppo Informatica Innovation S.r.l., with registered office in Albano Laziale – 00041 Rome – Italy
hereinafter referred to as “Site or APP”, “APP” or “Application”.
GrowishPay S.r.l. with registered office in Milan, via Quaranta 40, registered with the Milan Trade Register under number 07645850962, REA 1973840, hereinafter referred to as “GrowishPay” or the “Distributor”,
MANGOPAY SA, A public limited company under Luxembourg law, with a capital of 000, with registered office at 10 boulevard Royal, L-2449 Luxembourg and registered in the Luxembourg Trade and Companies Register under number B173459, authorised to carry on business in the European Economic Area under the freedom to provide services, as an electronic money institution authorised by the Luxembourg Financial Markets Authority (CSSF), 283 route d’Arlon L-1150 Luxembourg, www.cssf.lu,
hereinafter referred to as the “Emittent“,
on the other hand,
hereinafter individually referred to as a “Party” or collectively as the “Parties“.
Note:
The user is requested to read carefully the present framework agreement sent to him by the dealer before accepting it. He is invited to download it on a durable medium according to the procedure offered to him by the trader. By default, communication with the issuer will always be made through the merchant in accordance with the modalities provided for in the general conditions of the website, unless a separate method of communication is provided for in the contract.
For the purposes of this Agreement, the terms are defined as follows:
APP or application: identifies BimbiABordo or KidsOnBoard
“API”: ” Application programming interface” means the programming interface that the Publisher makes available to the Partner for the proper functioning of the Website or APP.
“Authentication“: means the procedures defined by the Provider to verify the identity of the User or the validity of a payment order. These procedures include the use of personalised security features and identification data.
“Strong>Strong authentication“: refers to the authentication procedures defined by the merchant, which comply with the requirements of the EU Directive 2015/2366 of 25 November 2015. This strong authentication includes, among other things, elements that enable a dynamic link to be established between the transaction, the amount and the payee.
“banks“: refers to the credit institutions that hold the funds raised by the issuer and corresponding to the e-money in circulation. The institutions selected so far are Crédit Mutuel Arkéa and ING Luxembourg. The issuer reserves the right to select any other credit institution authorised in a Member State of the European Union or a Member State of the European Economic Area.
“payee>“: means a natural or legal person acting on its behalf, designated by the user among the customers of the site, to whom electronic money is transferred in the context of a payment transaction. Any payee may become a User within the meaning of this Agreement as from its acceptance of the Framework Agreement, subject to acceptance by the issuer. In some cases, the payee may become a merchant in accordance with the “Special Conditions”.
“card“: means the bank, payment or credit card used by the User to transfer funds to the Issuer in exchange for the issuance of electronic money. This card accesses one of the following networks: Visa, MasterCard, CB, Amex.
“account“: means an internal reference enabling the issuer to identify in its books the individual transactions for the purchase, use and reimbursement of electronic money carried out on behalf of the same user and to determine at any time the amount of available electronic money held by the latter in euro. Under no circumstances may the account be treated in the same way as a deposit account, current account or payment account.
“General Terms and Conditions of the Website“: means the general terms and conditions of use of the Website, agreed between the user acting as a customer of the Website and the Merchant, which govern, among other things, access to the Website.
“Framework Agreement“: means these General Terms and Conditions for the use of electronic money, including the application form and pricing conditions governing the use of the services and account management by the issuer
“pricing conditions“: means the financial conditions agreed between the user and the merchant including the costs to be paid for this framework agreement. This document covers all costs for the acquisition, use and management of electronic money, as set out in the Website Terms and Conditions.
“Distributor”: means GrowishPay, i.e. the legal entity duly appointed by the issuer to manage the website or APP, the details of which are specified in the general conditions of the website or APP. The Distributor prepares, supports and advises its clients with a view to the conclusion of the Framework Agreement through its website or APP. It accompanies its clients throughout their relationship with the Issuer in the execution of their payment and redemption transactions. To this end, the Distributor will provide customers with a customer service department dealing with the payment transactions carried out in accordance with this letter. The Distributor will not collect any funds except for the fees agreed in the Tariff.
“personalised security features“: means personalised data provided by the Distributor to the User for authentication purposes. They include identification data and possibly all other data associated with the authentication procedure or strong authentication.
“Strong>identification data“: refers to the user’s customer identifier and password that allow the user to access his personal space.
“Personal Data“: means any information relating to the User as a natural person or to a legal entity in relation to the User as a legal entity (including an operational representative, an actual payee, an authorised person) in accordance with the EU Regulation 2016/679 on the protection of personal data.
“issuer“: means MANGOPAY SA, an electronic money issuer authorised in Luxembourg by the Financial Markets Authority under reference number 3812 and authorised to carry out its activities in all Member States of the European Union. The issuer appears on the list of e-money institutions available on http://supervisedentities.cssf.lu/index.html?language=fr#Home
“Personal Area“: refers to the environment for the user, which is accessible on the merchant’s website and enables the user to use the services.
“Application Form“: means the form to be filled in by any interested party wishing to order services accessible on the Website upon registration or provided by the Dealer.
“Identifier“: means the data necessary for the identification of a User by the Issuer for the execution of a payment transaction consisting of a User (valid e-mail address).
“Business Day“: means a calendar day excluding Saturdays, Sundays and public holidays in France and Luxembourg and any other day designated as such by the Issuer.
“Strong>E-money”: means the available monetary value representing a claim of the user against the issuer. E-money is issued by the issuer in exchange for the submission of corresponding funds in euro (€) by the user and constitutes a means of payment accepted exclusively by the payees. The issuer keeps it in electronic form on its server by registering it in an account opened for this purpose.
“means of payment“: means means of payment other than the card, listed on the website, offered optionally by the issuer in order to enable the user to transfer funds to the issuer in exchange for issuing electronic money.
“payment transaction“: means the transfer of electronic money in favour of a payee appointed by the User on the Website
“order>“: means the instruction given by the User to the issuer in accordance with the procedures set out in the Framework Agreement for executing a payment transaction and/or a refund
“payment page“: refers to the page secured by Payline, the issuer’s service provider Only this address may be considered valid by the user. The User is requested to always check the address at the top of the page.
“affected“: refers to the user as a natural person or any natural person connected with the user (including a company representative, an actual payee, an authorised person) whose personal data are processed within the framework of the execution of this framework agreement.
“reimbursement“: means the transfer of non-cash funds by the issuer on behalf of the User, corresponding in full or in part to the available e-money held by the User, less any charges due.
“services“: means the services provided by the issuer to the User for the issuance, management and provision of the electronic money as described in Article 5 of this Agreement
APP or application>: means BimbiABordo or KidsOnBoard
“dealer’s customer service“: refers to the department whose contact details are mentioned on the website where the user can obtain information on the framework agreement.
“Website“: refers to the website operated by the merchant, the purpose of which is to sell goods or services to users or to raise funds from them, or to connect the payees with the users. The Website has incorporated APIs in the colours of the Brand to enable Users to dispose of a means of payment issued and managed by the Issuer for the purpose of transferring funds to the Designated Creditor.
“ Durable medium“: means any medium which enables the user to store information addressed personally to him in such a way that he can subsequently consult it for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored. It is usually displayed in the form of a PDF file.
“user“: means any natural or legal person acting on his behalf who holds electronic money registered in an account opened in his name in order to execute one or many payment transactions
The purpose of the framework contract is to define the conditions under which the issuer will provide the user with a payment service provided exclusively by the payees in the context of their relations established through the website, in return for the costs of this contract as described in Article 9.
In principle, the means of payment offered must be paid for in advance by the user and is not subject to any advance payment, credit or discount. It is based on electronic money issued and managed by the issuer.
The issuer has appointed the merchant to offer this means of payment to the customers of the website, to facilitate the conclusion of this contract and to accompany users throughout their relationship with the issuer.
Only the framework contract will prevail between the parties in the event of a dispute.
3.1. Registration modalities
The framework contract is concluded at a distance in accordance with the arrangements laid down by the platform in the general terms and conditions of the website. In order to conclude the framework agreement online, the customer must have the following equipment (hardware and software), for which he is solely responsible and which is compatible with this method of conclusion.
By default, acceptance of the framework agreement at a distance is made via the website and confirmed by an electronic signature. The customer has the option of asking for the contract to be signed by hand. To do so, he must print out this contract, sign it and return it by electronic means or by post to the retailer’s customer service department, whose contact details are given in the general terms and conditions on the website.
In the event of handwritten signature, the date of conclusion of the framework agreement shall be the date indicated on it and, in the absence of a date, the date of receipt of the framework agreement by Dealer.
The electronic signature of the Framework Agreement is done via the Website. The date of conclusion of the Framework Agreement shall be the date on which the Customer completes the electronic signature process indicated to him/her on the Website,
A framework contract concluded between the parties by electronic means has the same evidential value as a framework contract in paper form.
3.2. contractual documents
The framework agreement consists of:
These general conditions for the use of electronic currency and the price conditions are made available to the user on the website and can be downloaded on a durable medium in accordance with the modalities indicated on the website. At any time during the contractual relationship, the user may, upon request, receive these documents in paper form.
The Issuer shall maintain access to the contractual documents for a period of five (5) years from the end of the contractual relationship. The issuer shall cease this service at the end of the five-year period mentioned above.
3.3. Registering and creating an account
When registering, the User shall in particular provide his/her name, first name, surname, e-mail address and date of birth. It is envisaged that information on the User’s profession, place of birth and postal address may be collected on the basis of the User’s self-declaration if the reasons for creating the account are insufficient. The relevant request can be made by the Publisher on its own initiative by e-mail. The User must provide a login containing a user name (valid e-mail address) and a password. You are solely responsible for maintaining and ensuring the confidentiality of your login. The User undertakes at no time to use the account, name or user name of another User and not to disclose his login to third parties. You agree to notify the Issuer immediately if you suspect that your login is being used without authorisation by sending a message to the following e-mail address: clients@kidsonboard.app of the distributor, who will forward it to the Issuer. You are solely responsible for any use of your login. Registration will not be completed until the User receives a confirmation e-mail to the e-mail address provided by the User confirming acceptance by the Publisher. The Publisher may not accept the request received from the User to open an account without giving reasons and without the User being entitled to compensation or damages. The Publisher and Distributor may request from the User additional information and identification details and any supporting documents that may be helpful. The User warrants at the time of registration and throughout the duration of the Agreement (a) that he/she is at least 18 years of age, (b) that all information provided at the time of registration is true, accurate and up-to-date, and (c) that he/she is acting for non-professional purposes.
3.4 Registration of the Donor User and payment into an account.
The Service does NOT provide for the purchase of any product or service, either in whole or in instalments, by the donating user. The Service consists of the purchase of electronic money by the donating User and its deposit (liberal donation) into the account of another User. When depositing into an e-money account, the donor’s user is requested to register in accordance with the European Directive KYC (Directive 2005/60/EC). In particular, the donor’s user shall provide his/her name, first name, surname, e-mail address and date of birth. The user must provide a login containing a user name (valid e-mail address) and a password. You are solely responsible for maintaining and ensuring the confidentiality of your login. You undertake not to use the user name of another user at any time and not to disclose your login to third parties. You agree to notify the Issuer immediately if you suspect that your login is being used without authorisation by sending a message to the following e-mail address: clients@kidsonboard.app of the distributor, who will forward it to the Issuer. You are solely responsible for any use of your login. Registration will not be completed until the User receives a confirmation e-mail to the e-mail address provided by the User confirming acceptance by the Issuer. The User warrants at the time of registration and throughout the term of the Agreement that (a) he is at least 18 years of age, (b) all information provided at the time of registration is true, accurate and up to date, and (c) he is acting for non-professional purposes.
4.1. Requirements necessary for the user registration
Any natural person aged 18 (eighteen) years or over and having legal capacity, and any legal person resident and/or registered in a Member State of the European Union or a State of the European Economic Area or in a third country that imposes equivalent obligations with regard to the fight against money laundering and terrorist financing, may apply to open an account provided that the natural person is listed on the website as a consumer or a professional. The legal person can only be listed as a trader.
The user declares at the time of transmission of his application for registration to the merchant and throughout the duration of the framework contract::
4.2.Registration and account opening procedures
Each interested party must provide the following information and documents to the distributor by means of an application form, if this information and documents are not already in the distributor’s possession.
The interested party undertakes to transfer the information and documents in accordance with his capacity as a trader or consumer.
For the user, natural person and consumer:
For the commercial user:
The user may also be required to provide proof of a bank account opened in his name with a person referred to at 1° to 6°a of article L.561-2 of the French Monetary and Financial Code, established in a Member State of the European Union or a State of the European Economic Area or in a third country imposing equivalent obligations with regard to the fight against money laundering and terrorist financing.
It is expressly provided that the issuer reserves the right to request additional documents concerning the user, the actual payee or a specific payment transaction before any registration and at any time during the life of the framework contract.
Depending on the issuer’s assessment, the use of an account may be restricted without the issuer having to justify its decision to the user concerned. The operation of the account is mainly limited because the user has not provided all the information and documents required by the issuer as listed below. These limits are indicated to the user by the merchant.
Once the framework agreement has been concluded, the user must provide all the information and evidence required by the trader. By agreeing to the terms and conditions of the Framework Agreement, the user accepts that the merchant will provide the issuer with his application to register as a user and any evidence received from him.
The issuer is the only party authorised to accept an interested party as a user of an account in its name. This acceptance will be communicated to the User by the Dealer by any means in accordance with the modalities provided for on the Website.
The issuer may refuse an application to open an account without giving reasons or claiming compensation in favour of the user. This refusal will be communicated to the user by the merchant by any
funds in accordance with the arrangements set out on the website.
5.1. Purchase of e-money
The purchase of electronic money can be made by card (or any other means of payment accepted by the issuer).
If the user wishes to carry out this operation, he/she identifies him/herself on the website by providing his/her user name (valid e-mail address) and password or by logging in via his/her Facebook account.
The money transfer order is transmitted on a payment page designated for this purpose. For each payment, the issuer may require the entry of a unique code, which is communicated on the user’s mobile phone by the issuing card institution. Where appropriate, it is up to the issuer to refuse any payment, depending on its assessment, and without this decision leading to any compensation. The money transfer operation is carried out by the issuing card institution. Any objection to such a transfer must be notified to that institution. The issuer is not entitled to cancel such a transfer. Notwithstanding the foregoing, the User may obtain a refund of the electronic money in accordance with article 5.4.
5.1.1: The purchase of Electronic Money may be made by credit card (or any other means of payment accepted by the Issuer) in one or more solutions.
If you intend to do so, you must identify yourself on the Site or APP by providing your user name (valid e-mail address) and password.
The money transfer order is entered on a separate payment page. When making payments, the card issuer may require you to enter a unique use code, which will be communicated by the card issuer on your mobile phone. Where appropriate, the issuer may, at its own discretion, refuse payments without compensation. The transfer of funds is carried out by the card issuer. Any objections to a transfer must be submitted to the above-mentioned institution. The issuer is not entitled to cancel the transfer. Notwithstanding the above, you may receive a refund of the electronic currency in accordance with Article 5.4.
5.1.2: Registration of the electronic currency on behalf of the user may be made conditional on the actual receipt of the money collected, after deduction of the expenses agreed in the tariff conditions.
Such expenditure is not to be taken into account under Article 3(4) of Legislative Decree No. 11 of 27 January 2010 and Article 62 of Legislative Decree No. 21 of 21 February 2014, Expenditure on the use of payments that are considered to be purchases of electronic money for contracts between a professional and a consumer, as this is not only a financial service but also one that is excluded from the previous provisions under Article 47. 1,d – if it is made by a donor user, it is to be considered as a liberal monetary donation between users. If the transfer of funds is cancelled by the card issuer as a result of a dispute, the issuer may, upon receipt of the information, suspend or cancel any payment transaction, close the relevant account, debit at any time the amount of electronic money corresponding to the money whose transfer has been cancelled, and recover the amounts due from the user by any means.
5.2.functioning of the account
The e-money is stored indefinitely on the user’s account by the issuer under the agreed pricing conditions.
The purchase of electronic money is credited to the account against payment of a sum of money ordered by the User directly from the issuer by card (or any other means of payment accepted by the issuer), after deduction of the relevant charges as provided for by the pricing conditions. The e-money balance available on this account will be debited with the amount used for payment transactions or for a refund and any costs incurred, as provided for in the Pricing Terms and Conditions, on behalf of the User. The issuer is entitled to debit this account at any time with the amount of e-money corresponding to the outstanding and due costs provided for in the Pricing Terms and Conditions.
The e-money balance available on this account shall be immediately adjusted as follows:
5.3.Use of electronic money in relation to the execution of a payment transaction< Before transferring an order, the user must ensure that he has sufficient funds to cover the amount of the payment transaction and the associated costs as agreed in the price conditions. Where applicable, he must acquire sufficient electronic money in accordance with Article 5.1 before the order can be validly transferred to the issuer for execution. The User may hold electronic money only subject to the actual payment of the corresponding amount of money. Under no circumstances may electronic money be issued on credit. Thus, if the available amount of electronic money at the time of execution of the order by the issuer is lower than the amount of the payment transaction (including costs), the order will automatically be rejected by the issuer. The information on this rejection is made available to the user on the website. This refusal may lead to additional costs in accordance with the pricing conditions.
The modalities of transmission of an order by the user are as follows:
When the user wishes to carry out a payment transaction, he identifies himself in his personal space by providing his identification data and, where appropriate, by following the strong authentication steps provided to him. He fills in the correct form on the payment page and, where appropriate, provides the evidence requested by the issuer. The form must indicate the amount of the payment transaction in euro (€), the elements identifying the payee, the date of execution of the order and any other information required.
The User gives his irrevocable consent to the payment order by clicking on the “Validation” tab (“Date of receipt”). The receipt of the payment order is confirmed in the User’s personal space or by receipt of an e-mail. No order may be withdrawn by the User after the date on which it is considered irrevocable, i.e. from the date of receipt.
In some cases, the User may fill in a single form with an order to transfer funds as provided for in article 5.1 and an order to execute a payment transaction as provided for in the previous paragraph.
Execution of the order:
The amount of the payment transactions shall be reduced by the available e-money registered on the account so that it is credited in favour of the payee in accordance with the user’s instructions. Thus, the payee may open an account in accordance with Article 4.2 so that he/she can receive the electronic money if he/she is not already a user. The money corresponding to the electronic money used may, where appropriate, be transferred directly to a bank account or by an alternative means of payment on behalf of the payee after the issuer’s bank details have been received. To this end, the payee must provide the IBAN and SWIFT code or equivalent information of the bank account of which he is the holder and his address. This account must be opened by a bank or payment institution established in a Member State of the European Union or in a country of the European Economic Area or in a third country that imposes equivalent obligations with regard to the fight against money laundering and terrorist financing.
It is expressly agreed that orders will be executed at the latest at the end of the business day following the date of receipt of the order by the issuer (and at the agreed execution date for forward or standing orders) where the payee has an account. Where applicable, the date of receipt must be postponed until the account has been opened or the issuer has entered the bank details.
Any order received by the service provider after 4 p.m. is deemed to have been received on the following business day. If the date of receipt is not a Business Day, the order will be deemed received on the following Business Day.
5.4.Transmission and execution of a refund order
If the user wishes to make a refund request, he/she will identify him/herself on the website by providing his/her identification data or by logging in via his/her Facebook account. He fills in
fills in the correct form on the payment page and, where applicable, provides the evidence requested by the issuer. The user must indicate the following elements on the form: the amount of the refund, the date of execution of the order and any other information required.
The User gives his irrevocable consent to the payment order by clicking on the “Validation” tab (“Date of receipt”). The receipt of the payment order is confirmed in the User’s personal space or by receipt of an e-mail. No order may be withdrawn by the User after the date on which it is considered irrevocable, i.e. from the date of receipt.
Refunds are made by crediting the card (or the means of payment) with which the User acquired the e-money. Where applicable, it shall be made by transfer of the funds to his bank account or payment by the payee whose bank details have been communicated to the issuer (“date of notification”). It is agreed between the parties that the reimbursement shall be made no later than the end of the business day following the date of receipt or notification, as the case may be.
Any redemption order received by the Service Provider after 4 p.m. will be deemed to have been received on the following Business Day. If the date of receipt is not a Business Day, the order will be deemed received on the following Business Day.
5.5.Cancellation of an order
No order may be withdrawn by the User after the date on which it is deemed irrevocable, i.e. from the date of receipt.
5.6 Transmission and execution of a payment in electronic currency for the transfer of the amount collected on the account to a beneficiary natural person
In order to make an Electronic Currency payment (i.e. the transfer to a beneficiary of the amount collected in the account), the User accesses the Website or APP, selects the payment transaction he/she wishes to carry out in accordance with the instructions there and then selects the means of payment provided by the Issuer. The User then has access to the payment area and identifies himself by entering his user name (valid e-mail address) and password. Entering his user name and password constitutes an irrevocable payment order for electronic currency by the User. Before validating the Moneta Elettronica payment order, the issuer confirms the order to the beneficiary. After this confirmation, the issuer transfers the corresponding amount of electronic money from the User’s account to the beneficiary’s account for electronic currency. The Issuer will then send a payment confirmation to the User by e-mail.
5.7 Transmission and execution of a payment in electronic currency for the purchase of products or services from an online seller who is a partner of the distributor accepting electronic money as a means of payment
In order to make an electronic currency payment (i.e. to transfer the amount collected in the account to a beneficiary), the User accesses the Website or APP, selects the product and service he wishes to purchase according to the instructions found there and then selects the means of payment provided by the Issuer. The User then has access to the payment area and identifies himself by entering his user name (valid e-mail address) and password. Entering his user name and password constitutes an irrevocable payment order for electronic currency by the User. Before validating the payment order for electronic coins, the issuer shall confirm the purchase order to the beneficiary online seller. After this confirmation, the issuer transfers the corresponding amount of electronic money from the User’s account to the beneficiary’s electronic money account. The online merchant’s partner then sends a payment confirmation by e-mail to the user, together with all information about the product or service.
Please note that the issuer and the merchant partner are in no way involved in the sale of products on the website or APP. Therefore, the latter cannot be held liable for any breach of obligations arising from the agreement between the user and the distributor, nor for any damages incurred by the user in this connection, as set out in section 13 below.
The user has a transaction status for the account in his personal area. He is invited to take careful note of the list of these transactions. The User acknowledges that only the statement of payment transactions validated by the issuer will be considered as acceptance by the User of the amount of electronic money available on the account, the date of invoicing being indicated on the statement. The User may access his personal page at any time, which is accessible on the Website for the indicative amount of electronic money available on his Account.
It is noted that for each payment transaction carried out on his account, the User has the following information: the purpose of the payment transaction, the identification of the payee, the amount of the transaction, the date of receipt of the order and, where applicable, the cost of executing the transaction
The issuer shall make available to the user on request the monthly statements of account for the thirteen (13) preceding months.
The user must inform the merchant of the loss or theft of his personalised security features, misappropriation or any unauthorised use of his personal space or data as soon as he becomes aware of them, so that he can request the blocking of his account. This declaration must be made as follows:
The issuer shall immediately execute the request for objection of the affected identifier via the trader. The event is recorded and time-stamped. An objection number with time stamp is sent to the user. A written confirmation of this objection is sent via the merchant to the user concerned by electronic message. The issuer takes over the
files at administrative level and keeps all traces for 18 (eighteen) months. At the written request of the user and before the expiry of this period, the issuer will send a copy of this objection.
Any request for objection must be confirmed immediately by the User concerned by means of a letter signed by him, delivered or sent by registered mail or e-mail to the Issuer at the address on the letterhead of this contract.
The Issuer and the Dealer cannot be held liable for the consequences of an objection sent by fax or e-mail other than by the User.
An objection request is deemed to have been made on the date and time of the actual receipt of the request by the Dealer. In the event of theft or fraudulent use of the Identifier, the Issuer is entitled to request a receipt or a copy of the submitted complaint from the User via the Dealer, who undertakes to respond to it without delay.
8.1. Common provisions for all users
For any complaint regarding payment or refund transactions carried out by the issuer under this agreement, the user is invited to contact the merchant’s customer service department or the address indicated in the general terms and conditions of the website.
If an order is executed by the issuer with errors due to the fault of the latter, the complaint must be transmitted immediately to the service provider, the order will be cancelled and the account will be restored to the state it was in before the payment order was received. The order will then be reproduced correctly.
Costs indicated in the price conditions may be charged in the event of unjustified complaints about a transaction.
8.2. provisions applicable to the commercial user
The merchant user who wishes to contest a transfer transaction that has not been authorised by him or has been incorrectly executed must contact the merchant’s customer service by telephone immediately after becoming aware of the irregularity and at the latest within eight (8) weeks of the transaction being booked, and it is incumbent upon it to transmit the contestation to the issuer without delay. Unless there are sound reasons for reasonable suspicion of fraud on the part of the User, the issuer shall reimburse the User for the amount of the transaction immediately upon receipt of the request for avoidance and in any case no later than the end of the next business day. The issuer shall restore the account to its previous state as if the unauthorised payment transaction had not taken place.
In the event of loss or theft of the personalised security features, the unauthorised transactions that took place before the notification of the contestation shall be charged to the user. The transactions carried out after the objection is borne by the issuer, except in the case of fraud by the user.
8.3. provisions applicable to the end user
The end-user wishing to contest a transfer transaction which has not been authorised by him or which has been incorrectly executed must contact the merchant’s customer service department by telephone as soon as he becomes aware of the irregularity and at the latest within thirteen (13) months of the date of debiting, and it is their responsibility to transmit the dispute to the issuer without delay. Unless there are reasonable grounds for suspecting fraud on the part of the user, the issuer shall refund the amount of the transaction to the user immediately upon receipt of the
Request for avoidance and in any case no later than the end of the next business day. The issuer shall restore the account to its previous state as if the unauthorised payment transaction had not taken place.
In case of contestation, the burden of proof that the payment transaction was authenticated, properly recorded and entered in the accounts and was not affected by a technical defect or the like rests with the issuer.
In the event of an unauthorised payment transaction resulting from the loss or theft of personalised security features, the User shall bear the losses related to the use of personalised security features, within a maximum limit of fifty (50) euros, before notification of the objection. The transactions carried out after the objection will be borne by the issuer, except in the case of fraud by the user. However, the user will not be liable:
The user is also not liable:
The User shall bear all losses caused by unauthorised transactions if these losses are the result of fraudulent intent on his part or if he has not deliberately fulfilled his obligations to maintain the security of his personalised security features and to notify the opposition in the event of loss, theft or misappropriation of these features through gross negligence. Except for fraudulent intent on his part, the user does not bear any financial consequences if the unauthorised transaction took place without the issuer requiring strong authentication of the user in cases where the Regulation provides for the latter. The services provided under this contract will be invoiced by the Dealer in its name and on behalf of the Issuer in accordance with the pricing conditions. All commissions owed by the user will be automatically debited from the issuer’s e-money account. The User authorises the Issuer, at any time, including after the closure of the Account, to settle any claim that is undisputed, quantifiable and due and payable and which remains due for any reason whatsoever. He may balance the cover of the E-money Account with any amount outstanding, due and unpaid by the User on behalf of the issuer. The framework contract is concluded for an unlimited period. It shall enter into force from the moment of its acceptance by the user. The User may terminate the Framework Agreement at any time by giving thirty (30) calendar days’ notice. The issuer may terminate the framework agreement provided on a permanent data carrier at any time by giving two (2) months’ notice. In this case, the user shall owe the costs for the services charged at regular intervals on a pro rata basis until termination of the contract. Beyond six (6) months, the Framework Agreement may be terminated free of charge. In other cases, a cancellation fee may apply in accordance with the price conditions. To this end, each party must send its notice of termination to the other party by registered letter with advice of receipt to the address or e-mail address indicated in the general terms and conditions of the website. In his letter of cancellation, the user must provide his bank account or payment information enabling the issuer to reimburse him for the available electronic money. In the absence of such information, it is the responsibility of the issuer to follow the refund instructions, which require the refund to be made by crediting the card used to acquire the electronic money. The issuer is released from any obligation as it has confirmed to the user that the funds have been transferred to the specified account or that the amount of e-money has been credited to his card. In case of serious breach, fraud or default of payment on the part of the User, the Issuer reserves the right to suspend or terminate this Agreement by sending an e-mail together with a registered letter with return receipt in case of termination. If a successor to the Issuer is appointed to issue e-money issued on the Website, it is the responsibility of the Merchant to obtain the User’s express written consent to this change, to the amount of e-money available and to inform the Issuer of the transfer modalities of the corresponding amount of available e-money. The issuer reserves the right to amend the framework agreement at any time. Any draft amendment to the Framework Agreement shall be made available to the user by the dealer on a durable medium at least two (2) months before the date of application proposed for entry into force. Any new service offered by the issuer will lead to a modification of the framework contract. Any user may reject the proposed amendments and must notify his rejection to the Dealer’s Customer Service by registered letter with advice of receipt sent to the address indicated in the general conditions of the site (the postmark will be decisive) 2 months before the proposed amendments enter into force. Failing notification of rejection before the date of entry into force indicated, the proposed modifications shall be deemed accepted by the User. Relations between the parties after entry into force will then be governed by the new version of the framework contract. In the event of rejection by the user, such rejection shall result in the termination of the Framework Agreement at no cost and the reimbursement of the electronic money units belonging to the user within thirteen (13) months after the entry into force of the termination with regard to the coverage of all future challenges. Any laws, regulations or administrative provisions requiring all or part of the Framework Agreement to be amended shall apply from the date of entry into force without notice. However, the user will be informed of this. The issuer undertakes to guarantee its services in compliance with the applicable laws and regulations and the state of the art. In particular, the issuer shall take all necessary steps to ensure the security and confidentiality of the users’ data in accordance with the applicable regulations. The Issuer reserves the right to temporarily suspend access to the Online Account for technical, security or maintenance reasons, without these operations being subject to any compensation. entitle you to this. He undertakes to limit such interruptions to the absolutely necessary extent. In any event, the issuer cannot be held liable in respect of the user for any errors, omissions, interruptions or delays in the transactions carried out via the website resulting from unauthorised access by the latter. The issuer cannot be held liable for theft, destruction or unauthorised data transmissions resulting from unauthorised access to the website. Furthermore, the issuer remains liable for the legal relationship between the user and the payee of the payment transaction or between the user and the website. The issuer cannot be held liable for errors, defects or negligence on the part of the user or the payee among themselves or on the part of the website and the user among themselves. If the unique identifier or any other identifier used to execute a payment transaction provided by the User is inaccurate, the Issuer shall not be liable for the incorrect execution of said service. The Merchant is solely responsible for the security and confidentiality of the data exchanged in the course of using the Website in accordance with the Website’s General Terms and Conditions, and the Issuer is responsible for the security and confidentiality of the data exchanged with the User under this Agreement for the purpose of creating and maintaining the User’s account, as well as payment transactions associated with the account. The issuer does not interfere in any way with the legal and business relations and any legal disputes between the payee and the user or between the user and the merchant. The issuer exercises no control whatsoever over the conformity, security, legality, characteristics and suitability of the products which are the subject of a payment transaction. In this respect, it is the responsibility of the user to gather all relevant information before purchasing a product or service, raising funds or making any transaction in full knowledge. Each transaction carried out by the user leads to a contract concluded directly between the user and the payee(s) for whom the issuer is a third party. Consequently, the latter cannot be held liable for the non-fulfilment or inadequate fulfilment of the resulting obligations, nor for any damage caused by the User in this respect. Notwithstanding any provisions to the contrary in this contract, the issuer’s liability towards a user is limited to direct damages as provided for by the Regulation. The user guarantees that no element of his or her personal space on the website will interfere with the rights of third parties or be contrary to the law, public order or morality. The user certifies the conformity, legality and suitability of the donation made in favour of the actual payee, the purchase of the goods for the payee. He undertakes not to perform the framework contract unlawfully or under conditions which may damage, disable, overload or alter the website; he undertakes not to impersonate any other person or organisation, to forge or conceal his identity, age or to create a false identity; In the event of a breach of these obligations, the issuer reserves the right to take all appropriate measures to ensure that the activities are discontinued. He is also entitled to suspend, delete and/or block access to his account. Without prejudice to any legal action by third parties, the issuer is entitled to take legal action in person to compensate for the damage suffered by the user personally as a result of the user’s negligence in respect of his obligations under this contract. 15.1. Applicable provisions for all users 15.2 Provisions applicable to the end user The framework contract may start to be implemented before the end of the withdrawal period only with the agreement of the end-user. The end-user acknowledges that the use of the services after the conclusion of the framework agreement constitutes an explicit request on his part to start the implementation of the framework agreement before the expiry of the above-mentioned period. The exercise of the right of withdrawal entails the termination of the framework contract, which, when it starts to be executed, is tantamount to a termination and calls into question the services previously executed. In this case, the end user is only obliged to pay for the services actually provided on a pro rata basis. 15.3 Exercise of the right of withdrawal The Issuer is subject to Luxembourg legislation on combating money laundering and terrorist financing. In application of the provisions of Luxembourg law on the involvement of financial institutions in the fight against money laundering and terrorist financing, the issuer is required to obtain information from each user for each transaction or business relationship about the origin, object and purpose of the transaction or the opening of an account. It must also take all necessary steps to identify the user and, where applicable, the actual payee of the account and/or related payment transactions. The User acknowledges that the Issuer may at any time terminate or postpone the use of the personalised security features, the access to an Account or the execution of a transaction or a refund in the absence of a sufficient element relating to its object or nature. He is informed that a transaction under this contract is subject to the exercise of the communication rights of the FIU. The user may, in accordance with the law, access all information thus transmitted, provided that this right of access does not jeopardise the purpose of the fight against money laundering and the financing of terrorism, where such data relate to the applicant. Neither criminal prosecution nor civil liability action may be brought, nor may sanctions be imposed by their profession on the issuer, its directors or employees, who have reported the suspicions in good faith to the national authority. The issuer collects and processes all personal data in accordance with the applicable data protection regulations. The personal data required at the time of registration in the context of the services provided under this contract In the absence of the provision of the required personal data, the applicant may be faced with a refusal to access the services. The person concerned is informed that the personal data will be collected in particular for the following purposes: providing the services as described in this contract; combating money laundering and the financing of terrorism; processing information and complaint requests; compiling statistics. These processing operations are necessary, in particular, to implement the framework contract and to comply with the legal obligations to which those responsible for processing are subject. The issuer and the trader act as joint controllers for these operations. Personal data may not be transferred to third parties without the express consent of the data subjects. In any event, every data subject is informed that personal data will be transmitted to subcontractors of the issuer for the fulfilment of the purposes set out above. Such subcontractors will act only on the instructions of the issuer and exclusively for the latter’s account. The data subject can access the list of subcontractors by transferring the request to the dealer’s customer service. He is informed that the issuer will ensure that its subcontractors take all necessary measures to ensure the security and confidentiality of the personal data. In the event of a breach of personal data (loss, tampering, destruction, etc.) involving increased risks for the person concerned, he/she will be informed. The Issuer reserves the right to disclose personal data at the request of a legal authority in order to comply with all applicable laws and regulations, to protect or defend the rights of the account holder or a data subject when justified by compelling circumstances or to protect the security of the holder, the Services or the public. The personal data processed by the Issuer in the context of the services provided under this contract will be kept for the time strictly necessary to achieve the above objectives. Except as otherwise provided by law, personal data will not be retained beyond the effective date of termination of the contract. It is made clear, inter alia, that personal identification data will be kept for five years from the end of the contractual relationship in accordance with the provisions in force to combat money laundering and the financing of terrorism. Data subjects have the following rights with regard to their personal data, under the conditions provided for by the provisions: right of access, rectification, opposition, erasure, limited processing and transferability. A data subject may exercise his or her rights at any time by contacting the trader’s customer service department. Their request must include their surname, first name and identifier and be accompanied by a photocopy of a signed identity document. A reply will be sent to the person concerned within one (1) month of receipt of the request. This period may be extended by two (2) months in view of the complexity of the number of requests. In this case, the person concerned shall be informed of the extension and the reasons for the postponement within one (1) month of receipt of the request. The data subject is informed that he/she has the right to lodge a complaint with the competent authority for any request relating to his/her personal data. If the data subject submits his or her request electronically, he or she will receive a reply by electronic means unless he or she expressly requests otherwise. If the personal data relates to a data subject who is not part of the framework contract and has been provided by the user, the latter shall be responsible for providing the data subject with the information referred to in this Article. Additional information on the processing of personal data under this contract, the retention periods and the rights of the data subjects can be obtained from the issuer’s privacy policy (available on the website www.mangopay.com). The issuer is bound to secrecy. However, this secrecy may be lifted in accordance with applicable legislation, by virtue of a legal and supervisory obligation, in particular at the request of the guardianship authorities, the tax and customs administration and the criminal court or in the event of a judicial seizure of which the trader is notified. Notwithstanding the foregoing, the User may release the Dealer from the obligation of confidentiality and expressly inform the Dealer of the third parties authorised to receive confidential information concerning him. The issuer retains full ownership of the securities and ownership rights, regardless of how they are linked to the services offered to the user. None of these rights are transferred to the user within the meaning of this agreement. 20.1.death of the user The e-money unit account will remain open for as long as necessary for the settlement of the succession, and the merchant / issuer will ensure the final payment with the agreement of the right-holders in charge of the succession or the notary. 20.2.Inactive accounts In the absence of a response or use of the available e-money during this period, the Account will be closed and maintained for the sole purpose of refunding the e-money. Account maintenance fees may be charged by the issuer. The account may not result in any subsequent use of the electronic money. The parties shall not be liable for any failure in the present contract in the event of delay or non-performance if its cause is connected with force majeure as defined in article 1218 of the Civil Code. If any provision of this agreement is held to be null and void or unenforceable, it will be deleted and will not invalidate the remaining provisions of this agreement. If one or more provisions of this contract are declared invalid or have been declared as such in application of a law, regulation or as a result of a final decision by a competent court, the other provisions shall retain their prescribed effectiveness and scope. The provisions declared null and void shall then be replaced by provisions which come as close as possible to the meaning and scope of the originally agreed provisions. The User’s funds are deposited at the end of each business day in an account opened with a bank and limited by the bank. In accordance with Article 24-10 (1) of the Law of 20 May 2011 published in the Official Journal Mémorial A n° 104 of 24 May 2011 of the Grand Duchy of Luxembourg and Article 14 of the Law of 10 November 2009 published in the Mémorial A n° 215 of 11 November 2009 of the Grand Duchy of Luxembourg implementing Directive 2009/110/EC of the European Parliament and of the Council of 16 December 2009 on the protection of individuals with regard to the processing of personal data and on the free movement of such data In the event of liquidation, insolvency or any other bankruptcy of an electronic money institution, the funds raised are protected and do not form part of the assets of the electronic money institution in the event of its liquidation, insolvency or any other bankruptcy of the institution. The framework agreement may not result in any assignment, in whole or in part, by the user, neither for payment nor free of charge. It is thereby prohibited to assign to a third party any rights or obligations which the user holds in this contract. In case of violation of this prohibition in addition to the immediate termination of this contract, the issuer may be held liable. All data from the issuer’s database which are unalterable, reliable and secure, in particular for payment orders and confirmations received from the user, for messages sent, for access, withdrawal and reimbursement, are binding between the parties until proven otherwise. The user is requested to contact the merchant’s customer service department, which may be indicated on the website, for any complaints. All complaints other than those referred to in article 8 concerning the conclusion, performance or termination of the Framework Agreement and the issuance and administration services for electronic money must be notified by e-mail at the following address: legal@mangopay.com. The user accepts that the issuer will reply to his complaints on a durable medium. The reply shall be sent immediately and at the latest within fifteen (15) business days of receipt of the complaint by the issuer. For reasons beyond his control, the issuer may be prevented from replying within fifteen (15) days. In such a case, it shall send a reply to the user specifying the reasons for this additional delay and the date on which it will send the final reply. In any event, the User shall receive a final reply within thirty-five (35) business days of receipt of the complaint at the latest. The user is informed that the CSSF (Commission de Surveillance du Secteur financier – Financial Markets Supervisory Authority) is competent to settle out of court any dispute relating to the performance of this framework contract. For further information on the CSSF and the conditions of such legal assistance, the user may contact the trader’s customer service or consult the CSFF website (http://www.cssf.lu). Requests for mediation must be submitted to the conciliator of the Commission de Except where a law on public policy applies (which is applicable only within the strict limits of its purpose)it is expressly stated that English is the language chosen and used by the parties in their pre-contractual and contractual relations and that the framework contract is governed by French law and that any dispute between the parties relating to this contract shall be subject to the jurisdiction of the competent French courts. Gruppo Informatica Innovation S.r.l. GrowishPay Srl Sede legale: Via B. Quaranta, n. 40 – 20139 Milano Sede operativa: Via Melchiorre Gioia, 43 – 20124 Milan Tel. 0287196453 – Fax 02 36598402 Social capital euro 30,536.55 in the previous year Cod. Fisc., P. IVA e no. iscr. Reg. Imprese di Milano 07645850962 – R.E.A. Milano 1973840 servizioclienti@growish.com9. financial conditions
10. term and termination
11. amendment of the framework agreement
12. security
13. limitation of liability of the issuer
14. obligations of the user
15. right of withdrawal
The user recruited within the meaning of articles 341 -1 et seq. of the French Monetary and Financial Code has a period of fourteen (14) calendar days to exercise his right of objection, subject, where applicable, to complying with the terms of article 341-1 of the same Code, without giving reasons and without paying any penalties.
This period of withdrawal begins from the date of registration as a user.
Under Article 222-7 of the French Consumer Code, the end user has a right of withdrawal which may be exercised within a period of fourteen days (14) without giving reasons and without payment of penalties. This withdrawal period starts either from the date of conclusion of the framework contract or from receipt of the contractual conditions and information, if this date is later than the date of conclusion of the contract.
The User must notify the Dealer’s Customer Service by telephone or e-mail in due time and send a letter of confirmation to the address of the Dealer’s Customer Service. In this respect, he/she may use the withdrawal form provided by the merchant.16. rules to combat money laundering and terrorist financing
17. data protection
18. trade secret
It is noted that confidentiality may be waived by the provision in favour of the companies providing important operational services to the dealer under this agreement.19 Intellectual property
20. death of the user and inactive accounts
The death of the user shall terminate the framework agreement as soon as the issuer becomes aware of it. Transactions that take place after the death are deemed to be unauthorised, subject to the agreement of the rights holders appointed to succeed the User or the notary.
Any inactive electronic money unit account may be the subject of an inactivity notification by e-mail from the merchant followed by a reminder one (1) month later. The User’s Account will be considered inactive if, after a period of twelve (12) months, no transaction (other than debiting of account maintenance fees) has been made at the initiative of the User (or any authorised representative) and the User has not contacted the merchant in any form whatsoever.21. force majeure
22. independent contractual provisions
23. protection of the funds raised
24. non-assignability
25. legally binding proof
26. complaint and mediation
Surveillance du Secteur Financier (CSSF), 283 route d’Arlon, L-1150 Luxembourg, (direction@cssf.lu), without prejudice to any other legal action. However, the conciliator may not be appointed if the request is manifestly unfounded or abusive, if the dispute has been previously investigated or the investigation is under way by another conciliator or by a court, if the conciliator’s request is submitted more than one year after the written complaint was lodged with the FAchmann, if the dispute does not fall within the conciliator’s competence.27. Language – Governing law and jurisdiction
Via Giovanni Paolo II 3 – 00041 – Albano Laziale (Rome) – Italy
clients@bimbiabordo.app