Terms and Conditions

TERMS AND CONDITIONS OF LITPAY SINGLE PAYMENT SERVICE

These terms and conditions (hereinafter referred to as Terms and Conditions) are issued by Litpay spółka z ograniczoną odpowiedzialnością [Litpay limited liability company] with its registered office in Warszawa (00-351) at ul. Zajęcza 15 entered in the Register of Entrepreneurs of the National Court Register by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 8th Economic Division of the National Court Register under KRS number: 0000772632, NIP [tax identification number]: 7831797973, REGON: 382609890 (hereinafter referred to as LITPAY).

§1 The scope of Single Payment Service

The Terms and Conditions outline the rules under which LITPAY provides the Single Payment Service (hereinafter referred to as Single Payment Service), and the rights and obligations of LITPAY and the Payer. The entity providing the Single Payment Service to the Payer is LITPAY.

§2 Definitions 

Terms used herein shall mean:

  1. Merchant – an entity to whose Payment Account a Payment is made using the Single Payment Service; a natural person, a legal person and an organisational unit that is not a legal person, which is granted legal capacity by the Act, which has concluded a ‘Payment Services Cooperation Agreement’ with LITPAY, on the basis of which the Payer has the possibility to use the Single Payment Service.
  2. Payment Authorisation – the Payer’s consent to the execution of a Payment.
  3. Payer’s Provider – a bank or other payment service provider as defined in the Payment Services Act of 19 August 2011, which maintains the Payer’s Payment Account.
  4. Business Day – a day other than Saturday and a statutory holiday in the Republic of Poland.
  5. Payment Information – a set of information describing a Payment.
  6. Payer – a natural person, a legal person or an organisation which is not a legal person and which is granted legal capacity by the Act, using the Single Payment Service offered by LITPAY.
  7. Payment – a payment (transfer of funds) made by the Payer to the Merchant using Litpay. This payment is made in order to fulfil the obligation arising from the transaction concluded between the Payer and the Merchant.
  8. Payment account – a payment account as defined by the Payment Services Act of 19 August 2011.
  9. Website – the website (online shop) operated by the Merchant. The Merchant, by means of its Website, offers Payers the possibility to purchase a specific good or service. The Website may provide the Payer with access to payment methods, such as in particular:
    1. cashless payments using payment cards that allow transactions to be made online,
    2. cashless payments made by electronic money transfers online.
  10. LITPAY Payment System – the LITPAY payment system through which Payments can be made. As part of the Litpay Payment System and under these Terms and Conditions, Litpay provides to the Payer a payment service as defined in the Payment Services Act of 19 August 2011 consisting in the processing of Payments.
  11. LITPAY Bank Account – a bank account maintained for LITPAY, exclusively intended for the processing of Payments made using the LITPAY Payment System;
  12. APS – the Act of 19 August 2011 on payment services;
  13. Payment Order – a declaration by the Payer to the Payer’s Provider giving an instruction to execute a payment transaction.

§3 General rules concerning the provision and use of the Single Payment Service

  1. The Terms and Conditions specify how Payers are given access to a tool allowing them to make Payments through the LITPAY Payment System, at Maerchants’ Websites using payment methods for which an Merchant has entered into a contract with LITPAY to allow the processing of Payments.
  2. LITPAY is duly authorised to operate as a payment institution by the Polish Financial Supervision Authority. LITPAY is supervised by the Polish Financial Supervision Authority.
  3. To use the LITPAY Payment System, the following minimum requirements must be met: access to the Internet, a web browser and an e-mail account. LITPAY shall not be liable for events resulting from the Payer’s failure to comply with the technical requirements indicated above.
  4. The Payer who wishes to use the service specified in these Terms and Conditions should provide the following data:
    1. name and surname;
    2. email address;
    3. phone number;
    4. IP address;

    The Payer is responsible for verifying the accuracy of this data and correcting it if necessary. In justified cases, LITPAY reserves the right to request from the Payer other data necessary to assess the risk of the Payment.

  5. The LITPAY Payment System accepts Payers’ Payments to LITPAY’s Bank Accounts, confirms to the Merchant that the Payment has been made and transfers these Payments to the Merchant’s bank account.
  6. The Single Payment Service also includes verification of the data provided to LITPAY in the Payment Information, unless the above verification is carried out by the Merchant.
  7. The rules for the authorisation of Payment Orders are determined by the relevant Provider of the Payer.
  8. The services described in these Terms and Conditions are provided to the Payer free of charge. LITPAY is not a party to agreements between the Payer and the Provider of the Payer or between the Payer and the Merchant.
  9. LITPAY shall not be liable to the Payer for any failure of the Merchant to perform their obligation or for any improper performance of their obligation, nor shall LITPAY be liable to the Merchant for any failure of the Payer to perform their obligation or for any improper performance of their obligation.
  10. The Terms and Conditions do not govern and are without prejudice to the terms on the basis of which the Payer is obliged to pay fees related to the execution of the Payment Order under the agreements concluded by the Payer with the Provider of the Payer or the Merchant.
  11. The Single Payment Service does not include maintaining a payment account for the Payer within the meaning of the APS. The activities performed under the LITPAY Payment System are not banking activities. The Single Payment Service is a payment service as defined by the APS.

§4 Terms and Conditions of the Single Payment Service execution

  1. Using the Single Payment Service requires providing the data specified in §3, item 4, reading and accepting the Terms and Conditions, which results in the conclusion of an agreement (hereinafter referred to as Agreement).
  2. The Agreement is concluded for the purpose of executing a single Payment and shall remain in force until the Payment is Authorised by the Payer, but for no longer than the pending time indicated to the Payer by the Merchant, and in any event for no longer than 7 days, regardless of how the process is completed.
  3. Failure to Authorise a Payment within the required time limit shall be equivalent to withdrawal from the Agreement and the Agreement shall be deemed to have not been concluded. The Single Payment Service will not be executed until the Payer has Authorised the Payment Order.
  4. Concluding the Agreement does not require the Payment Order to be Authorised or the Payment to be made.
  5. From the moment the Payment is Authorised by the Payer – in accordance with Article 38(1) of the Act of 30 May 2014 on Consumer Rights, the Payer may not withdraw from the Agreement.
  6. LITPAY reserves the right to refuse to execute the Single Payment Service in case of violation of the provisions of the Terms and Conditions, as well as when doubts arise as to the compliance of the Payment with the provisions of the law, in particular with the Law on Prevention of Money Laundering and Financing of Terrorism. LITPAY shall not be liable for damages incurred by the Payer due to the refusal referred to in the preceding sentence.
  7. LITPAY shall not be liable for the conditions of service provision to the Payer by intermediary entities, including the Provider of the Payer, which may prevent the execution of the Payment.
  8. LITPAY shall be liable for failure to execute or improper execution of the Single Payment Service in accordance with the rules set out in the APS.
  9. The rules concerning the liability of intermediary entities, including the Providers of the Payer, for unauthorised payment transactions initiated against the account are set out in the agreement concluded between the Payer and the Intermediary Entity (the bank maintaining the account).
  10. The time when the Payment Order is received by LITPAY shall be deemed to be the day on which the LITPAY bank account is credited with the amount of the Payment. Should LITPAY receive a Payment Order on a day that is not a Business Day for LITPAY, the Payment Order shall be deemed to have been received on the first Business Day following that day.

§5 Complaints

  1. Complaints regarding Payments made via the LITPAY Payment System shall be handled by LITPAY.
  2. The Payer may submit a complaint in writing, including by post to the address of LITPAY indicated in §1 of the Terms and Conditions, or electronically to the e-mail address: [email protected].
  3. The Payer must include in the complaint: the reason for making the complaint, a description of the objections, his/her e-mail address, the transaction ID, the amount of the Payment, the name of the bank account owner, the date of the Payment and the name of the bank to whose account the Payment was directed.
  4. LITPAY may request further information and documents from the Payer if the processing of the complaint requires it.
  5. LITPAY shall process the Payers’ complaints and respond to them within 15 (fifteen) working days at the latest.
  6. A response to the complaint shall be sent to the Payer’s e-mail address or in paper form.
  7. In particularly complex cases where it is not possible to investigate the complaint and respond within the time limit referred to in subsection 5 above, LITPAY:
    1. shall provide the reason for the delay;
    2. shall indicate the circumstances that need to be established in order to resolve the issue;
    3. shall specify the expected time limit for processing the complaint and providing a response, not exceeding 35 working days from the day of receipt of the complaint.
  8. The Payer is obliged to notify LITPAY immediately of any identified unauthorised, non-executed or improperly executed payment transactions. If the Payer fails to provide the notification referred to above within 13 months from the date on which his or her payment account was debited or from the date on which the transaction was to be executed, the Payer’s claims against LITPAY for unauthorised, non-executed or unduly executed payment transactions shall expire.

§6 Personal data

  1. The Controller of personal data is Litpay spółka z o.o. [Litpay limited liability company] with its registered office in Warszawa (00-351) at ul. Zajęcza 15 entered in the Register of Entrepreneurs of the National Court Register by the District Court Poznań-Nowe Miasto and Wilda in Poznań, 8th Economic Division of the National Court Register under KRS number: 0000772532, NIP: 7831797973, REGON: 382609890, e-mail: [email protected].
  2. The Controller hereby informs that:
    1. providing personal data is voluntary, but necessary to execute the Single Payment Service as provided for in the Terms and Conditions;
    2. data will be processed on the basis of Article 6(1)(b) and (c) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (GDPR), i.e. for the purpose of:
      1. execution of the Single Payment Service agreement;
      2. fulfilment of the Controller’s legal obligations, arising in particular from the APS and the Act of 1 March 2018 on the prevention of money laundering and terrorism financing;
      3. handling of complaints;
      4. notification of the status of the completion of the transaction;
    3. The following personal data shall be processed by LITPAY in connection with the execution of the Payment:
      1. name and surname,
      2. email address,
      3. phone number,
      4. IP address.
    4. The data will be transferred to the Merchant in order to confirm the execution of the Payment and to subcontractors and entities to which the Controller has entrusted the performance of operational activities for the execution of payment transactions, such as providers of IT infrastructure, hosting services and mailing tools; in addition, the data may be transferred only to authorised bodies and institutions on the basis of generally applicable laws;
    5. Personal data will be stored for the period necessary to fulfil the purpose of processing, in particular taking into account the requirements set out by law, including the APS;
    6. The Payer has the right to request access to his/her data, their rectification and transfer;
    7. The Payer has the right to file a complaint with the President of the Personal Data Protection Office should the manner in which personal data are processed violate the applicable legislation.
  3. LITPAY shall implement security measures, including organisational and technical measures, and comply with the obligations regarding the protection of personal data arising from generally applicable legislation, in particular the GDPR. Data will only be made available to entities  authorised under applicable legislation.

§7 Obligations of the Payer

  1. In order to use the Single Payment Service, the Payer is obliged to comply with the Terms and Conditions, to comply with the law, to comply with the rules of fair and honest trading, to use authentic and truthful data. It is prohibited:
    1. to make any attempt to interfere with the IT systems of LITPAY, intermediary entities or the Merchant,
    2. to provide content of an unlawful nature,
    3. to use a payment instrument which is:
      1. invalid or restricted, or
      2. used by an unauthorised person, or
      3. used by a person who does not have full identification or authorisation data, or
      4. in respect to which LITPAY has taken reasonable suspicion of its unauthorised use.

§8 Final provisions

  1. The content of the Terms and Conditions shall be made available to each Payer on the LITPAY website or prior to the Payment initiation, in such a way that the Payer can access, copy and save the content of the Terms and Conditions by means of the information and communication system he/she uses.
  2. LITPAY reserves the right to amend the Terms and Conditions. The amendments are effective from the date of their announcement on the LITPAY website. Such amendment shall not apply to Payments that were made prior to the amendment of the Terms and Conditions. The previous provisions shall apply to such Payments, as well as to any legal consequences arising therefrom. The change of LITPAY’s address details does not constitute an amendment to the Terms and Conditions.
  3. All legal relations arising from these Terms and Conditions shall be governed by Polish law, and operations arising from these Terms and Conditions shall be performed in Polish.
  4. Any disputes arising from the application of these Terms and Conditions, as well as any legal relations resulting from the execution of the Single Payment Service, with the exception of disputes involving consumers, shall be exclusively subject to the court having jurisdiction over the seat of LITPAY.
  5. The Payer may file a complaint with the Polish Financial Supervision Authority concerning the actions of LITPAY if such actions violate the provisions of law. The Payer, who is a consumer, can use the online dispute resolution service via the ODR (online dispute resolution) platform at http://ec.europa.eu/consumers/odr/.
  6. A Payer who is a consumer can also use the assistance of entities authorised for out-of-court resolution of consumer disputes within the meaning of the Act of 23 September 2016 on out-of-court resolution of consumer disputes. Entities authorised for out-of-court resolution of consumer disputes in the field of financial services are the Financial Ombudsman and the Arbitration Court at the Polish Financial Supervision Authority.
  7. Detailed information regarding out-of-court resolution of consumer disputes is available on the website of the Office of Competition and Consumer Protection at: https://www.polubowne.uokik.gov.pl.