Ree Fashion Terms & Conditions
These Terms and Conditions (” Terms “) and the documents referred to in them,
apply to your use of this website located at the address
http://www.reefashion.app and/or mobile applications called Ree Fashion
available for iOS and Android devices (each known as the ” Site “). If you do not
agree to these terms you should not access or view the Site.
This Site is operated by FashionTrades ApS, a company registered in
Copenhagen, with business location at Bredgade 23 A, 2. Th. 1260
Copenhagen K, Denmark.
1. Other applicable terms
These Terms of use refer to and incorporate the following additional Terms, which also apply to your use of this Site.
1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect about you or that you provide to us. By using this Site, you agree to such processing and you warrant that all data provided by you is accurate.
2. Our Cookie Policy, which sets out information about the cookies on our Site.
3. Our Catalog Rules and Form Rules, which apply to your interactions with this Site, including what you may list on the Site, any content which we may permit you to upload and any contact which you may make with other users of this Site.
4. Pricelist, which sets out list of additional for-fee services and indicates applicable pricing and additional terms for using each of these services.
2. SERVICES
1. We provide an online facility through which individuals can buy, sell, exchange and give-away items and communicate with one another in public and in private (the “Services”).
2. From time to time Ree may also make available to the users certain additional-services subject to charges as indicated in the Pricelist that is constantly updated by Ree.
3. You undertake to comply with all applicable laws and regulations in connection with your use of the Services.
3. OUR FUNCTION
1. Our Site is an online venue for individuals to buy, sell, exchange and give-away items to or with other individuals. We are not a party to any transaction between a buyer and a seller or two individuals who agree to an exchange or a give-away, save for the Services we provide to facilitate transactions. We do not buy, sell or exchange or purport to buy, sell, exchange or give-away any of the items displayed on our Site. The Site hosts third-party content.
2. We do not pre-vet any items listed on the Site or any parties who you may deal with on the Site. We shall not be obliged to engage in any dispute between buyers and sellers or parties to an exchange or give-away. You are responsible for vetting the parties that you deal with.
4. REQUIREMENTS TO USE THE SERVICES
1. To use the Services, you must register with us by completing the registration form after clicking “Join Us” or registering using an acceptable third party service (e.g. Facebook Connect).
2. The Services are not intended for use by children under the age of 18 years old. If you are under 18, a parent or guardian (who is 18 or over) must register to use the Services on your behalf. Your parent or guardian shall be responsible for supervising your use of the Services at all times and ensuring that you comply with these Terms. Ree shall be entitled to hold your parent or guardian fully responsible and liable for any breach of these Terms by you.
3. Business sellers are not permitted to use the Services. When business sellers transact with consumers they are subject to more legal requirements than non-business sellers. By using the Services, you warrant that you are a not a business seller.
4. You undertake to keep up to date all information about you on the Site.
5. You warrant that any information you provide to us is true, accurate and complete.
5. YOUR ACCOUNT AND PASSWORD
1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party and you must ensure that you log out from your account at the end of each session.
2. You must immediately notify us by using [email protected] if you know or suspect that anyone other than you knows your user identification code or password, or that there has been any unauthorised use of your password or account or any other security breach.
3. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if we have reasons to suspect there has been a security breach or if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
4. Ree does not allow multiple accounts on its Site. Should Ree have a reasonably grounded suspicion that a user has created (is using) more than one account on the Site – it may block or delete any of the involved accounts.
5. Ree may request to make certain confirmations with respect to your account for security purposes. Such confirmations among other things may be linking your Facebook, Google or another third-party account; confirming your phone number; providing for an ID and/or cardholder proof or any other confirmations that Ree may introduce in its sole discretion. All data collected as a result of such confirmation will be processed following our Privacy Policy, which is a part of Ree – user contractual arrangement.
6. CONTENT YOU PROVIDE, THE FORUM, FEEDBACK AND PRIVATE MESSAGING
1. Any content you provide to us or any contact you make with other users, whether privately or publicly, must comply with our Catalog Rules. Any use of the forum must also comply with our Form Rules.
2. You warrant that any such content or contact complies with the Catalog Rules and the Form Rules (where you use the Forum), and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of that warranty.
3. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.
4. You grant us a non-exclusive, irrevocable, perpetual, transferable, sub-licensable, royalty-free, unconditional, worldwide licence to use, copy, distribute and disclose to third parties any content you provide to us, including without limitation content you post in the Forum and pictures of listed items.
5. Ree provides for a direct user messaging functionality for the sole purpose of facilitating transactions between the users on the Site. We will not access content of such messages unless one of the involved users grants an access right to Ree when raising a dispute with our Customer Support. Please note that Ree may use automatic scanning tools/filters in order to detect and prevent spam and/or fraud and/or any other activity contrary to applicable legal acts on the Site. In such cases Ree representatives will not access message threads, however, they will cross-check automatic-scanning/filtering results (without accessing messages) in order to determine what preventative action should be taken to ensure security of the platform.
7. RULES FOR LISTING ITEM
In respect of all items you offer for sale, exchange or give-away through the Services:
1. You must ensure that such items comply with our Catalog Rules. Note that you may not list certain categories of items;
2. You must be the legal and beneficial owner of such items and have the right to sell them;
3. The sale, exchange, give-away, use or possession of such items must not infringe the rights of any third party (including but not limited to any IP rights held by any third parties); and must not breach any applicable local, national or international law or regulation;
4. To list an item you must complete an item placement questionnaire and provide such other information as we may require for all items that you offer for sale, exchange or give-away on the Site in accordance with our rules.
5. By listing an item, you represent and confirm that the item complies with all aspects of the item questionnaire that you submit, including the category in which you list such item and any photograph of the item, and that such item questionnaire is complete. The terms of the item questionnaire that you submit will form the terms on which you offer the item for sale;
6. When you submit the item questionnaire the item shall be deemed to be a “Catalogue Item”;
7. You may amend the terms on which you offer a Catalogue Item for sale at any time before you have entered into a contract to sell, exchange or give-away the relevant item;
8. You may remove a Catalogue Item from the Site at any time before you have entered into a contract to sell, exchange or give-away the relevant item.
8. EXCHANGING OR GIVING AWAY FOR FREE
1. If you are giving away a Catalogue Item to another user or exchanging a Catalogue Item with another user, you should agree the terms related to such transaction directly with the other user. You are solely responsible for such transaction.
2. If you give-away a Catalogue Item to another user or exchange a Catalogue Item with another user you cannot use our payment or shipping service and should agree the terms for payment and shipping of such Catalogue Item(s) with the other user.
9. BUYING AND SELLING
If you are buying or selling a Catalogue Item you may either:
1. use our payment and shipping services. Please see sections 10 to 15 below;
2. agree the terms related to such transaction directly with the other party to the transaction. You are solely responsible for such transaction and we do not provide customer support for these transactions.
PAYMENT AND SHIPPING SERVICES
Sections 10 to 15 below will only apply where you choose to use our payment and shipping services. Please note that Ree may restrict integrated payment and shipping services as per sections 10 to 15 below only for users based within UK and PL and accordingly not offer them in order to facilitate cross-border transactions. Please note: Ree may upon its sole discretion offer additional payment services or discontinue some of payment services on the Site.
10. FEE FOR PAYMENT AND SHIPPING SERVICES
Where the payment and shipping Services are used for a transaction, you agree that Ree shall receive a Fee according to the rates and conditions as set out in the Pricelist. Ree may amend the Pricelist from time to time provided that we inform you about such changes. Please note that you will always see an applicable price for services you intend to order at a check-out.
11. BUYING USING THE SITE
Where you use our payment and shipping services:
1. When you click “confirm” on the payment page, you acknowledge and agree that you enter into a contract with the seller to purchase that Catalogue Item from them.
2. When you enter into a contract to purchase a Catalogue Item you warrant and undertake that you have the legal right to enter into such transaction.
3. You may only terminate the contract with the seller where you are permitted by law.
4. When you enter into a contract with a seller payment will be taken from your credit or debit card, balance, or PayPal immediately. Please see the “Payment” section below for more information.
12. SELLING USING THE SITE
Where you use our payment and shipping services:
1. A Catalogue Item that is for sale is an offer by the seller of such item, which may be accepted by a buyer. See the “Buying Using Our Site” section above for more information.
2. Once a user clicks “confirm” on the payment page you acknowledge and agree that you enter into a contract with the buyer to sell that Catalogue Item to them.
3. Prior to entry into a contract with a buyer under section 12.2 above, you may consider offers for a Catalogue Item from other Site users.
4. You may only terminate the contract with the buyer to the extent permitted by law.
13. PAYMENT SERVICES
Where you use our payment services:
1. Buyers must pay sellers for Catalogue Items by credit or debit card, Ree balance, or PayPal using the payment services on the Site.
2. Payments must be made in the currency specified on the Site and all prices are inclusive of VAT (where applicable) and other applicable taxes, but exclusive delivery charges and any other fees for additional services offered by Ree you choose to use. Additional services will be charged following traditional terms as indicated in the Pricelist.
3. Buyers are responsible for any shipping costs, including any insurance costs unless otherwise mutually agreed by the buyer and the seller.
4. Payment for Catalogue Items is in advance. The buyer’s credit or debit card, Ree balance, or Paypal will be charged when the buyer and seller enter into a contract for the purchase of an item under section 11. We will not credit the seller’s account until the buyer has accepted the item or is deemed to have accepted it. See the section entitled “Acceptance” below for more information.
5. Ree may at any point in time upon its sole discretion to suspend and/or cancel any transaction and or requested payment should it have grounds to believe that such transaction may be fraudulent or contrary to the applicable legal acts or harmful to Ree and/or any user or third party.
6. We use a third-party service provider to process your payment and to store your credit or debit card or similar information. When using our payment services, you agree with our Provider´s conditions and terms. We shall not be liable for the acts or omissions of such third party. You shall be solely responsible for the transmission of information connected to your credit or debit card, or Paypal and we hereby exclude all liability to the extent permitted by law.
MANGOPAY
Credit card and Ree account payments are processed via the electronic payment system MANGOPAY.
MANGOPAY is owned by Leetchi Corp. SA, 14 Rue Aldringen, L-1118 Luxembourg. It is a licensed e-money institution approved and supervised in accordance with the provisions of the CSSF in Luxembourg (No W00000005).
To use MANGOPAY, members have to set up a so-called e-wallet on the platform. E-wallet is an electronic money account that allows you to send and receive payments. To set up an e-wallet at least the following data may be requested: name, first name, e-mail address and date of birth, as well as nationality and country of residence of the user.
When using MANGOPAY, a separate contract is concluded between the user and MANGOPAY in accordance with the Mangopay. By agreeing to these terms and conditions, the user automatically agrees to the former conditions as well as MANGOPAY’s Privacy Policy that applies to processing of data collected by MANGOPAY in for purpose of processing payments on the Site. Please visit www.mangopay.com in order to access all applicable conditions.
When using our payment services, you agree with our provider’s conditions and terms. We shall not be liable for the acts or omissions of such third-party payment service providers. You shall be solely responsible for the transmission of information connected to your credit or debit card, or Paypal and we hereby exclude all liability to the extent permitted by law.
Please know that for use of e-wallet MANGOPAY applies Anti-Money-Laundering (AML) and Know-Your-Customer (KYC) rules as specified in the MANGOPAY conditions. However, Ree reserves a right to apply lower value thresholds for triggering KYC identification requirements for sole purpose of preventing suspension of any future actions transactions by the payment service provider MANGOPAY.
The money that the sellers gained at selling items on Ree will be kept on a Ree balance. The money can be transferred any time by the seller to his personal bank account. Please note that additional terms may apply as indicated in the Pricelist.
14. SHIPPING SERVICES
Where you use the recommended shipping services:
1. Buyer may choose to use an integrated shipping service with pre-paid labels or a shipping service of Royal Mail.
2. The cost of the shipping service is available in the Pricelist. Shipping fee is always added atop the price of Catalogue item as to be paid by a buyer. Please note that additional terms may apply for using chosen shipping service (especially when using integrated shipping service with prepaid labels). Please always check them before ordering a service.
3. After you enter into a contract with a buyer for the purchase of one of your Catalogue Items we will send to you a confirmation of such purchase. You must ship the Catalogue Item that you have sold via one of the available shipping services as chosen by the buyer, and if requested by Ree – enter the barcode of the parcel on our site. Please note that you – as an item seller, are a counterparty in a pre-paid shipping label purchase transaction as offered and sold by Ree (additional terms apply, please see Pricelist for more details).
4. If you fail to send the item to the buyer within 5 business days after receipt of a shipping label and/or details, and/or instructions we shall be entitled to refund the purchase price to the buyer’s account.
5. We decline all responsibility for sent parcels, packages and items which become lost or destroyed, or damaged by a shipping service provider and/or after delivery to a post-box or alike, unless otherwise clearly stated within specific terms applicable to separate shipping service offers by Ree as per the Pricelist.
6. If a seller chooses to ship items with Custom Shipping service, the seller takes full responsibility for this order in the case of loss, damage or non-receipt. It will be the seller’s responsibility to choose a postage method when this is covered in compensation from the chosen shipping provider
15. ESCROW PAYMENT TERMS
Where you use our payment and shipping services:
1. Orders are automatically updated to delivered after a certain period of time after being sent. Particular period of time for this purpose is reasonably determined by Ree following a pre-set uniformly applicable Escrow payment process. In order to protect buyers, we will hold the purchase price for an item for not less than 2 days after the date on which that item is delivered or due to be delivered as shown in our system. During this period, it is the buyer’s responsibility to raise a dispute. After this period, compensation is no longer applicable, and funds are released to the seller. All disputes must be raised via Ree and not via external payment services.
2. If a seller fails to send an item to a buyer within 5 business days after receipt of the shipping label and/or details, and/or instructions we shall be entitled to refund the purchase price to the buyer’s account. The refund can be also released earlier in case selling user is inactive and/or shipping label is not downloaded by a selling user for a certain period of time. The refund of the purchase price shall be the buyer’s only remedy in respect of its contract with the seller.
3. If a buyer receives an item that is not materially as described on the Site, the buyer must notify us by using [email protected] or by clicking. Within 2 days after delivery as shown in the system.
4. If a buyer does not receive an item that they have purchased from a seller, the buyer must notify us by using [email protected] Within 2 days after delivery as shown in the system.
5. If a buyer does not contact us within 2 days after receipt of an item under sections 15.3 and 15.4 above, the buyer will be deemed to have accepted the item. On acceptance of an item, we will credit to the seller’s account the purchase price of that item less any commission due to us.
6. Where the buyer contacts us under section 15.3 or 15.4 above, we will hold the purchase price minus any commission due to us until we have investigated the claim.
7. Despite the payment method chosen by the buyer – all Escrow Payment related disputes shall be addressed to Ree directly, unless Ree provides for a feature for users to settle/agree-on such dispute directly without approaching Ree. In this case dispute is considered to be settled and transaction completed once users reach a mutual agreement. Ree will not accept any repeated claims from users. Ree reserves a right to deny compensation and claim back compensation paid out for a user in case user in question has already received adequate compensation from other sources (e.g. third-party payment service provider).
8. Ree may limit any compensations/reimbursements to be paid-out to a buyer under sections 15.3 and/or 15.4 above if a buyer in question chooses to use un-tracked shipping service. Please see Pricelist for additional terms.
GENERAL
16. REMOVAL, WARNINGS, BLOCKING, SUSPENSION AND TERMINATION
We may at our option, issue warnings, suspend, block or terminate your access to this Site and/or the Services (or any part of them) or remove any content uploaded, including without limitation, any Catalogue Item if:
1. you are in breach of these Terms;
2. you act in any manner which we consider may damage our reputation; or
3. you use the Site or Services in a manner which we consider to be fraudulent or contrary to law.
17. ACCESS TO THIS SITE AND ITS SERVICES AND CONTENT
1. We do not guarantee that this Site, or any Services or content on it, will always be available or be uninterrupted.
2. We reserve the right at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of this Site, or any Services or content on it, and to restrict or prohibit access to it.
18. VIRUSES
1. We do not guarantee that this Site will be secure or free from bugs or viruses.
2. You are responsible for configuring your information technology, computer programmes and platform in order to access this Site. You should use your own virus protection software.
3. You must not misuse this Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
4. You must not attempt to gain unauthorised access to this Site, the server on which this Site is stored, or any server, computer or database connected to this Site.
5. You must not attack this Site via a denial-of-service attack or a distributed denial-of service attack.
6. By breaching this section, you would commit a criminal offence under the Computer Misuse Act 1990.
7. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Site will cease immediately.
19. LIABILITY
1. Nothing in these Terms limits or excludes our liability to you for:
1.1. death or personal injury caused by our negligence;
1.2. fraud or fraudulent misrepresentation; or
1.3. any other type of liability which cannot by law be excluded or limited.
2. We make no warranties or representations, whether express or implied that this Site, any content and the Services on it:
2.1. are accurate, complete, up-to-date or suitable for any purpose; or
2.2. are free of error or omission.
3. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to this Site, any content or the Services on it.
4. We provide an online facility to introduce individuals to one another to enable the purchase, sale, exchange and give-away of items between them and to allow them to communicate with one another in public and in private. Buyers, sellers and parties to an exchange or give-away are solely responsible for transactions entered into using the Site.
5. We are not responsible for any action or inaction of users of the Site or Services, or content provided by users of the Site including, without limitation:
5.1. the descriptions or photos of items, including their accuracy and completeness;
5.2. the quality, legality or safety of the items;
5.3. the seller’s, exchanger’s or giver’s title to the items; or
5.4. any seller’s or buyer’s right to enter into a sale or the rights of the parties to an exchange or give-away to enter into such a transaction.
6. You agree to indemnify us for any loss, liability, cost or expense for any third-party claim arising from or connected to your misuse of the Site or Services or any use which is in breach of these Terms.
7. In respect of any dispute you may have with another user of the Site, you agree to:
7.1. waive any claim you may have against us in connection with such dispute; and
7.2. indemnify us for any loss or liability we incur as a result of any claim made against us by such user or any other third party as a result of such dispute.
8. Subject to section 19.1, we will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or Services, or to your downloading of any content on it, or on any website linked to it.
9. We are not responsible for any third party service providers that you integrate into your account. We will not be liable for any loss or damage that may arise from your use of them.
10. Subject to section 19.1, Ree, its subsidiaries and affiliated companies accept no liability to you, whether in contract, tort (including negligence) or otherwise, for: (a) any loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; loss of business opportunity, goodwill or reputation; or (d) any direct, special, indirect or consequential damages, (e) or any other damages of whatsoever kind resulting from whatever cause through your use of the Services and our Site.
11. Subject to section 19.1, we limit our liability under this Agreement, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, to a maximum of:
11.1. the purchase price paid or payable for the relevant item in respect of any claim arising in relation to a transaction on this Site; and
11.2. £100 in respect of any other claim.
20. THIRD PARTY LINKS AND RESOURCES IN THIS SITE
1. Where this Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
2. We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
21. PROMOTIONS
1. From time to time we may post promotions, competitions, games or prize draws on the Site and special terms and conditions related to the same.
2. If there is any conflict between such special terms and conditions and these Terms, the special terms and conditions shall prevail.
22. EVENTS BEYOND OUR CONTROL
1. We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any obligations under these Terms agreement if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances we shall be entitled to a reasonable extension of the time for performing such obligations.
23. SEVERANCE
1. If any or any part of the terms contained in these terms shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
24. ENTIRE AGREEMENT
1. These Terms and all documents referred to in these Terms constitute the entire agreement between us and you and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us and you, whether written or oral, relating to its subject matter.
2. We and you agree that entering into these Terms have relied on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document referred to in them. Neither us nor you shall have any claim for innocent or negligent misrepresentation based on any statement in these terms or any document referred to in them.
25. APPLICABLE LAW
1. Please note that these Terms, their subject matter and formation, are governed by English law.
2. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
26. TRADE MARKS
1. Ree TM is a registered EU trade mark of FashionTrades ApS.
2. Any other trademark displayed on the Site is not owned by us or our group companies. Any use of such trademarks may be an infringement of the rights of the owner in those trademarks.
27. AMENDMENTS TO THESE TERMS
1. We may change these Terms from time to time by posting an amended version on this page in the following circumstances:
1.1. to reflect changes or expected changes in relevant laws and regulatory requirements;
1.2. to reflect any ruling by a court, regulator or any other similar body having authority;
1.3. to make these terms clearer or fairer;
1.4. to reflect changes and developments in how we operate our business;
1.5. to rectify any error which we may discover at a later date; or
1.6. to reflect changes in market conditions or standard industry practice.
2. We recommend that you check this page from time to time, as your continued use of this Site after these Terms are amended shall mean that you agree to be bound by such changes.
28. CONTACT
For all support-based enquiries, you can contact the team here:
[email protected]
For all legal based enquiries, please contact us through:
[email protected]
MANGOPAY PAYMENT SERVICES FRAMEWORK CONTRACT
General Conditions of Use for the Payment Services
Version of July, 15th 2020
Entered into between:
The client, a legal or physical person registered in the Business and Companies Registry (or a national
business registry or any other equivalent professional organisation) in a Member State of the European
Union or in a State that is part of the European Economic Area, or in a third-party country imposing
equivalent obligations in terms of the fight against money laundering and the financing of terrorism,
acting exclusively on their own behalf for professional purposes (commercial, industrial, artisanal or
independent),
hereinafter, referred to as the “Account Holder” or “Professional Account
Holder”
or
The client, a legal or physical person resigning in a Member State of the European Union or in a State that
is part of the European Economic Area, or in a third-party country imposing equivalent obligations in
terms of the fight against money laundering and the financing of terrorism, acting exclusively on their own
behalf for non-professional purposes,
hereinafter, referred to as the “Account Holder” or “Consumer Account Holder”, party of the first part,
and,
MANGOPAY SA a société anonyme [joint-stock company] governed by Luxembourg law, with capital of 12,700,000 euros, the registered office of which is located at 2, Avenue Amélie, L-1125 Luxembourg and registered in the Luxembourg Business and Companies Registry under number B173459, authorised to exercise their activity in the European Economic Area, in the capacity of an electronic money institution authorised by the Luxembourg Commission de Surveillance du Secteur Financier [Oversight Commission of the Financial Sector], 283 route d’Arlon L-1150 Luxembourg, www.cssf.lu,
hereinafter, referred to as the “Service Provider”, party of the second part
hereinafter, referred to separately as a “Party” and together as the “Parties”.
Note
The Account Holder is asked to carefully read this Framework Contract provided to them by the Platform before accepting it. They are asked to download a hard copy of it. By default, communication with the Service Provider is always carried out through the Platform, according to the terms established in the General Conditions of the Site, except when a distinct communication method is established in the Contract.
1. Definitions
For the purposes hereof, the terms hereinbelow are defined as follows:
“Authentication”: indicates the procedures defined by the Platform in order to identify the Account Holder or the validity of a Payment Order. These procedures include using the Personalised Security Data and the Identification Data.
“Strong Authentication”: indicates the Authentication procedures defined by the Platform and that respond to the requirements of European Directive 2015/2366 of 25 November 2015. This Strong Authentication specifically includes elements that allow for establishing a dynamic link between the Operation, the amount and the Beneficiary.
“Banks”: indicate credit institutions in charge of protecting funds collected by the Service Provider on behalf of the Account Holder. These funds are safeguarded in an account opened for this purpose, held by a credit institution designated by the Service Provider.
“Beneficiary”: indicates the legal or physical person, creditor of a Payment Operation issued by the Account Holder.
“Card”: indicates the debit card, payment card or credit card used to transfer the funds to an Account Holder designated on the Payment Account opened in the Service Provider’s books. This card must be within one of the following networks: Visa, MasterCard, CB.
“Payment Account” or “Account”: indicates the Payment Account used by the Service Provider in the name of the Account Holder and used to carry out payment operations. The Account may in no way be associated with a deposit account. The currency of the Account is indicated on the Site during registration
sign-up.
“General Conditions of the Site”: indicates the general conditions of use of the Site entered into between the users of the Site and the Platform, specifically governing access to the Site.
“Price Conditions”: indicates the financial terms agreed to between the Account Holder and the Platform, including the fees under this Framework Contract.
“Framework Contract”: indicates these General Conditions of Use of the Payment Services, including the Registration Form and the Price Conditions, governing the use of the Payment Services as well as managing the Payment Account by the Service Provider.
“Personalised Security Data”: indicates the personal data provided by the Platform to the Account Holder for the purposes of Authentication. It includes the Identification Data, as well as potentially any other data related to the Authentication procedure or Strong Authentication.
“Identification Data”: indicates the unique identifier and the password of the Account Holder, that allows them to access their Personal Online Area.
“Personal Data”: indicates any information related to the physical person who is the Account Holder, or a physical person related to the legal person who is the Account Holder (specifically a corporate executive, a beneficial owner, or an Authorised Person), under the meaning in European Regulation 2016/679 related to protecting personal data.
“Personal Online Area”: indicates the environment dedicated to the Account Holder, accessible on the Site of the Platform, allowing them to access their Payment Account and use the Payment Services.
“Registration Form”: indicates the form to be filled out by anyone wishing to register for Payment Services, accessible on the Site at registration or made available by the Platform.
“Business Day”: indicates a calendar day with the exception of Saturdays, Sundays, and public holidays in mainland France and Luxembourg and any other day designated as such by the Service Provider.
“Payment Methods”: indicates the payment methods other than the Card, listed on the Site, and the option of which is offered by the Service Provider. The Account Holder activates the Payment Methods of their choice from their Personal Online Area.
“Payment Operation”: indicates a routine or one-time transfer, ordered by the Account Holder or by any representative authorised for this purpose, debited from the Payment Account.
“Payment Order”: indicates the instructions given by the Account Holder to the Service Provider in compliance with the procedure established in the Framework Contract to carry out a Payment Operation.
“Payment Page”: Indicates the page secured by the banking service of the Service Provider.
“Person in Question”: indicates the physical person who is the Account Holder or any person related to the Account Holder (specifically a corporate executive, a beneficial owner, or an Authorised Person), whose Personal Data is processed in the framework of the performance of this Framework Contract.
“Authorised Person”: indicates any representative designated by the Account Holder in order to access
the Payment Account and use the Payment Services on their behalf.
“Platform”: indicates the entity, the contact information of which are indicated in the General Conditions of the Site, who manages the Site. It prepares, facilitates and advises prospects, for the purposes of the
Framework Contract through the use of its Site. It accompanies Account Holders during their entire relationship with the Service Provider in the framework of carrying out their Payment Operations. It collects the documents necessary to open an Account. The Platform does not collect funds with the exception of the fees agreed to in the Price Conditions.
“Service Provider”: indicates MANGOPAY SA, issuer of Electronic Money, authorised in Luxembourg by the Commission de Surveillance du Secteur Financier under reference number 3812 and authorised to carry out its activity in all Member States of the European Union. The Service Provider appears on the list of electronic money institutions available at www.cssf.lu/surveillance/ep-eme/listes-officielles.
“Third-Party Payment Service Providers” or “Third-Party PSP”: indicates any institution, other than the Service Provider, authorised in a Member States of the European Union or part of the European Economic Area, or in a third-party country imposing equivalent obligations in terms of the fight against money laundering and the financing of terrorism.
“Platform Customer Service”: indicates the customer service whose contact information is indicated on the Site, from which the Account Holder may obtain information regarding the Framework Contract.
“Payment Services”: indicates the payment services defined in Points 3 and 5 of the Annex of the Luxembourg Law of 10 November 2009, relative to payment services.
“Site”: indicates the website used by the Platform whose purpose is to sell goods or services to Users or to collect funds from them, or to put Account Holders in contact with Users.
“Hard Copy”: indicates any instrument allowing the Account Holder to store information addressed to them personally in order to be able to refer to it later during a time period adapted for the purposes for which the information is provided and allowing them to identically reproduce the information stored. It is generally offered in the form of a PDF file.
“Account Holder”: indicates any legal or physical person acting on their own behalf and in the name of which a Payment Account is opened to use the Payment Services.
“User”: indicates any legal or physical person having transferred funds to an Account Holder through the Site using their Card or any other Payment Method accepted by the Service Provider to transfer funds.
2. Purpose
The Framework Contract has the purpose of defining the conditions in which the Service Provider
provides Payment Services to the Account Holder in return for payment as defined in Article 11 herein.
These Payment Services include:
– opening and managing the Payment Account,
– crediting the Payment Account: registering the funds transferred by Card or by any other Payment
Methods accepted by the Service Provider; receipt of transfers.
– debiting the Payment Account; carrying out recurring or one-time Transfer Operations, deducting the fees due in compliance herewith, reversal of funds transfer to Cards (or any other Payment Methods).
The Account is not subject to any overdraft, advance, credit or discount. The Service Provider does not
offer any currency exchange services.
The Service Provider has authorised the Platform for the purposes hereof with all Account Holders and
supports them for their entire relationship with the Service Provider.
3. Registration for the Services
3.1. Registration Methods
The Framework Contract is entered into remotely, according to the terms established by the Platform under the General Conditions of the Site. To enter into the Framework Contract Online, the interested party must have the necessary equipment (materials and software), for which they alone are responsible.
By default, acceptance of the Framework Contract is carried out remotely via the Site and is entered into by electronic signature. The interested party has the possibility of requesting to sign the Contract by hand. For this purpose, they must print this Contract, sign it, and return it by electronic or postal mail to the Platform Customer Service, the contact information of which is indicated in the General Conditions of the Site.
In the event of a handwritten signature, the date of entering into the Framework Contract is the date indicated on it and if there is no date, it will be the date that the Framework Contract is received by the Platform.
Electronic signing of the Framework Contract is carried out via the Site. The date of entering into the Framework Contract corresponds to the date on which the interested party has finalised the e-signing process as indicated on the Site.
The Framework Contract entered into with the Parties electronically has the same legal status as a Framework Contract on paper.
3.2. Contractual Documents
The Framework Contract includes:
– The Framework Contract includes:
– the Registration Form available on the Site,
– the Price Conditions indicated via the Platform.
These General Conditions of Use of the Payment Services, as well as the Price Conditions, are made available to the Account Holder on the Site and downloadable as a Hard Copy. At any time during the contractual relationship, the Account Holder may, upon request, receive these documents in paper format.
The Service Provider will maintain access to the contractual documents for a term of five (5) years from the end of the contractual relationship. The Service Provider will end this service at the end of the above mentioned five- (5) year period.
The Service Provider may place conditions on entering into this Contract by the Account Holder providing certifications and information in order to validate their status in regard to these agreements.
4. Opening an Account
4.1.Necessary and Prior Conditions for Opening an Account
Any legally capable physical person at least eighteen (18) years of age and any legal person, residing and/or registered in a Member States of the European Union or in a State that is part of the European Economic Area agreement or in a third-party country imposing equivalent obligations in terms of the fight against money laundering and the financing of terrorism, may send a request to open an Account subject to the physical person being referenced on the Site in the capacity of consumer or in the capacity of professional. A legal person may only be referenced as a professional.
The Account Holder acknowledges from the time of issuing their registration request to the Platform and during the entire term of the Framework Contract:
– that they are at least 18 (eighteen) years of age and legally capable or that they are legally formed
with the status of a company;
– that they are acting on their own behalf;
– that all the information provided upon their registration are true, exact and up-to-date;
4.2. Registration Procedure and Opening an Account
4.2.1. Information and Proof
Any interested party must provide to the Platform the information and documents listed hereinbelow, for the Registration Form, in the event that this information and these documents are not already in possession of the Platform.
The interested party undertakes to provide the information and documents corresponding to their status either as a professional or as a consumer. For the Account Holder, who is a physical person and consumer:
- their last name, first name, email address, date and place of birth, nationality and country of residence.
- a copy of the Account Holder’s valid official identity document (e.g., identity card, driver’s license, and for citizens of countries outside of the European Union, a passport).
a copy of the Account Holder’s valid official identity document (e.g., identity For professional Account Holders:
– For professional Account Holders:
- their last name, first name, email address, date of birth, nationality and country of residence.
- an original or a copy of the official registration extract dated within three months that indicates registration as a retailer or in the national business registry or any other professional organisation that the Account Holder is a member of.
- a copy of the Account Holder’s valid official identity document (e.g., identity card, driver’s license, and for citizens of countries outside of the European Union, a passport).
– for legal persons:
- their business name, business form, capital, address of the registered office, description of the activity, the identity of the business associates and officers, as well as the list of the beneficial owners such as defined by regulation,
- a Kbis extract or equivalent document dated within three months proving their registration at the Business and Companies Registry of a Member States of the European Union or a State that is part of the European Economic Area agreement or a third-party country imposing equivalent obligations in terms of the fight against money laundering and the financing of terrorism and their bylaws. This document must include the business name, legal form, address of the registered office and the identity of the business associates and officers mentioned in Sections 1° and 2° of Article R.123-54 of the Code of Commerce or their equivalent in foreign law.
- a copy of the bylaws and potential decisions specifically certified true legal copy from the legal representative;
- a copy of the identity card or passport of the legal representative and, as the case may be, the beneficial owner(s).
- The statement from the beneficial owners of the legal person holding more than 25% of rights in the event that the interested party has not declared their beneficial owners in the national registry, or if it is not subject to this obligation.
The Account Holder may also be requested to provide the bank details from an open account in the name of the person mentioned in Sections 1° to 6° bis of Article L.561-2 of the Monetary and Financial Code in a Member State of the European Union or a State that is part of the European Economic Area agreement or a third-party country imposing equivalent obligations in terms of the fight against money laundering and the financing of terrorism
It is expressly established that the Service Provider maintains the possibility of requesting before opening an account and at any time during the term of the Framework Contract, additional documents related to the Account Holder, the beneficial owners, or a specific Payment Operation.
4.2.2. Restriction of the Payment Account
By the Service Provider’s free assessment, use of a Payment Account may be restricted without the Service Provider having to justify their decision to the Account Holder in question. The functioning of the Payment Account will specifically be restricted when the Account Holder has not provided all of the information and documents required by the Service Provider, such as listed hereinabove. These restrictions are indicated to the Account Holder of the Platform.
4.2.3. Finalisation of Registration
After entering into the Framework Contract, the Account Holder must provide all of the information and proof that are requested by the Platform. By giving their consent to the terms of the Framework Contract, the Account Holder accepts that the Platform will transfer to the Service Provider their request for registration as an Account Holder and all the proof documents received by it.
The Service Provider alone has the power to accept the registration of an interested party as an Account Holder for a Payment Account in their name. This acceptance will be indicated to the Account Holder by the Platform by any means under the terms established on the Site.
The Service Provider, without motivation, or right to an indemnity in favour of the Account Holder, may refuse a request to open an Account. This refusal will be indicated to the Account Holder by the Platform by any means under the terms established on the Site.
5. Functioning of the Payment Account
The amounts credited to the Payment Account result from the funds transferred by Card (or by any other Payment Method accepted by the Service Provider), or the receipt of a transfer. The amounts debited from
the Payment Account result: from executing a Payment Order to an account opened in the books of a Third-Party Payment Service Provider, of the Service Provider withdrawing fees due by the Account Holder under the Framework Contract or, a reversal of an operation by Card (or by any other Payment Method).
5.1. Acceptance of Payment Orders by Card for the Payment Account
Transactions for the Payment Account may be carried out by Card (or any other method accepted by the Service Provider), once or on several occasions. When such an operation is requested, the User will be identified on the Site by indicating their username (valid email address) and their password or via their Facebook account. The funds transfer request will be indicated on the Payment Page dedicated for this purpose. For all payments, the User may be requested to use a one-time code sent to their mobile
telephone to the institution that issued the Card. If this is the case, it is the Service Provider’s right to refuse any payment following their free assessment without this decision giving rise to any indemnification. The funds transfer operation is carried out by the institution that issued the Card. Any dispute for such a transfer must be indicated to this institution. The Service Provider is not authorised to cancel such a transfer.
The Account Holder is informed that the Service Provider accepting a Payment Order by Card does not guarantee the receipt of these funds by the Account Holder in their Account. The funds arriving in the Payment Account of the Account Holder is based on the effective receipt by the Service Provider of the funds collected less the fees agreed to under the Price Conditions.
If the funds are not received for technical reasons, the Service Provider will make their best efforts to settle the operation. If the funds are not received for any other reason, the Service Provider will immediately inform the Account Holder of their inability to credit their Account in the expected amount, and to contact the User.
In the event that the transfer of funds to the Account of the Account Holder is cancelled by the institution issuing the Card following the User disputing it, the Account Holder accepts that the Service Provider may reverse any funds transfer operation by Card by debiting the Payment Account of the corresponding amount. The Account Holder recognises that such dispute may be brought to the attention of the institution issuing the Card up until a maximum time frame of thirteen (13) months following the date that
the account was debited related to said Card. In the absence of sufficient provisions in the Account to carry out such a reversal, the Service Provider may suspend or cancel any Payment Operation initiated by the Account Holder or a representative, or as the case may be, subrogate the rights of the Account Holder by carrying out recovery procedures for the amount due by the User by any means.
5.2. Receipt of Transfer to the Payment Account
The Account Holder authorises the Service Provider to receive in their Payment Account SEPA transfer operations in euros from a bank account or payment account open in the books of a Third-Party PSP.
The funds are credited to the Payment Account by the Service Provider as quickly as possible following their effective receipt by the Service Provider.
After the funds are credited to the Account Holder’s Payment Account, the Service Provider will make available a summary of the transfer operation received, including the following information: the reference number of the payment operation, a reference number allowing identification of the payer, the amount of the operation, the date of the credit value.
5.3.Execution of a Wire Transfer Operation Debited from the Payment Account
The Account Holder may transfer orders for SEPA or international wire transfers to a Beneficiary’s account held by a Third-Party PSP.
When the Account Holder wishes to carry out a Transfer Operation, they will indicate their identification in their Personal Online Area by indicating their Identification Data and, if need be, by following a Strong Authentication procedure if indicated to them. They will indicate on the Payment Page: the amount of the Payment Operation, the currency, the Payment Account to be debited, the date the Order is to be placed and any other required information. In the absence of a date indicated, the Transfer Order will be deemed to be placed immediately. The Account Holder must also follow the Authentication Procedure (or follow the Strong Authentication Procedure) indicated by the Service Provider.
The Account Holder may at any time issue a request to execute a Transfer Order to a Beneficiary designated by them that has a bank account or payment account from a Third-Party Payment Service Provider. The Account Holder must include the subject associated with each transfer by respecting the Authentication Procedure (or Strong Authentication Procedure, if it be the case) indicated by the Service Provider
The Account Holder irrevocably consents to the Payment Order by clicking on the “validation” button (“Date of Receipt”). The receipt of the Payment Order is confirmed in the Account Holder’s Personal Online Area. No Order may be withdrawn by the Account Holder after the date upon which it is deemed to irrevocably have been received, which is from the Date of Receipt.
Before issuing a Transfer Order, the Account Holder (or the Platform acting on their behalf) must ensure that they have a sufficient amount of credit available in their Account to cover the amount of the Payment Operation and the related fees as established in the Price Conditions. If necessary, they must credit their Account before the Order is validly transferred to the Service Provider to carry it out.
It is expressly agreed that the Payment Orders are executed at the latest at the end of the Business Day following the Date of Receipt of the Order by the Service Provider (and on the agreed-to execution date for standing or timely transfers). Any Payment Order received after 4:00 p.m. by the Service Provider will be deemed to have been received the following Business Day. If the Date of Receipt is not a Business Day, the Payment Order will be deemed to have been received the following Business Day.
For each Transfer Operation, the Account Holder may request from the Service Provider to be provided with a Hard Copy of the information related to the maximum execution time frame of this specific operation, the fees that they owe and, if it be the case, the details regarding these fees.
The Service Provider may be required to refuse to execute a Transfer Order that is incomplete or erroneous. The Account Holder must reissue the Order so that it is in proper conformity. Furthermore, the Service Provider may block a Transfer Order in the event of serious doubt regarding fraudulent use of the Account, unauthorised use of the Account, breach of security of the Account, in the event of a freeze issued by an administrative authority or for any other reason.
In the event a Transfer Order is refused or blocked, the Service Provider will inform the Account Holder thereof by any means. If possible, the Service Provider will indicate to the Account Holder the reasons for this refusal or blockage, unless it is prohibited from doing so due to a pertinent provision of national law or European Union law.
5.4. Reimbursement
The Account Holder may at any time transfer instructions to cancel a transfer of funds in order to reimburse a User. The Account Holder will access the Site indicating their identifier and password. They will indicate, in their Personal Online Area, the amount of the reimbursement, the currency, the User to be reimbursed and any other required information.
The reimbursement operation is carried out by the Service Provider by crediting the Card used by the User or by transfer using the original payment methods, within the limit of the available balance in the Account
and the rules for each network and SEPA rules within five (5) Business Days following the Service Provider’s receipt of the request for reimbursement.
5.5.Specific Provisions for Services Initiating Payment and Information on Accounts Provided by Third-Party PSP
When a Wire Transfer Order is consented to by a Third-Party PSP offering the services of initiating payment, this consent is agreed to between the Account Holder and said Third-Party PSP under the conditions agreed to between them. The Service Provider is not involved under these conditions and may in no way be held responsible in the event of a dispute related to providing this service by the Third-Party PSP following said conditions.
The Account Holder may not revoke a payment order after giving their consent that the Third-Party PSP providing the service of initiating payment initiates the Payment Operation.
If an unauthorised, unexecuted or improperly executed Payment Operation is initiated by the Third-Party PSP providing the service of initiating payment, the Service Provider, at the latest at the end of the
following Business Day, shall immediately reimburse the Account Holder in the amount of the unauthorised, unexecuted or improperly executed operation and, if it be the case, refund the Account debited so that it is in the state that it would be in if the unauthorised or improperly executed Payment Operation had not taken place. The date on which the Account Holder’s Payment Account is credited shall not be dated later than the date upon which it was debited.
6. Reporting
The Account Holder, in their Personal Online Area, has a statement of the Payment Operations carried out on the Payment Account available to them. They are asked to attentively acknowledge the list of these operations. Operations statements may also, upon express request, be made available to the professional Account Holder for other time frames. It is specified that for each Transfer Operation carried out by the Service Provider, the Account Holder has the following information available to them: the reference number of the Operation, the identification of the Beneficiary, the amount of the Operation, the date the Order is received, and if it be the case, the fees related to executing this Operation.
7. Access to the Payment Account and Confidentiality of Personalised Security Data
The Payment Account is accessible online in the Personal Online Area, by using the Identification Data and in compliance with the requested Authentication Procedure (or Strong Authentication Procedure, depending on the case).
The Account Holder must indicate the Identification Data of each Authorised Person. Each Authorised Person accepts to not use the name or Identification Data of another person. The Account Holder alone is responsible for the use of their identifier.
Each Authorised Person is fully responsible for maintaining the confidentiality of their Identification Data, as well as any other Personalised Security Data potentially provided to the Service Provider or the Platform. The Account Holder must take all reasonable measures to maintain the confidentiality and security of their Personalised Security Data. They also undertake to educate the Authorised Persons regarding the confidentiality and security of their own Personalised Security Data.
The Account Holder (and each Authorised Person) accepts to not communicate their Personalised Security Data to third parties. By way of exception, the Account Holder may communicate to authorised ThirdParty PSP in a Member State of the European Union or in a State that is part of the European Economic Area agreement for information services regarding the accounts and initiation of Payment Operation (such as defined in Article 4 of European Directive 2015/2366, called “PSD2”). The Account Holder must
ensure that this Third-Party PSP is authorised for the above-mentioned services and that it accesses the Personalised Security Data in a secured environment.
8. Objection Regarding Personalised Security Data
The Account Holder must inform the Platform of the loss or theft of their Personalised Security Data, of any misuse or unauthorised use of their Personal Online Area or data relating to them as soon as they become aware of this and request that it be blocked. This declaration must be carried out:
– by making a telephone call to the Platform Customer Service at the number indicated in the General Conditions of the Site; or
– directly by electronic message through the contact form accessible on the Site.
The Service Provider, through the Platform, shall immediately execute the request for objection. The event will be recorded and date/time stamped. An objection number with date/time stamp will be provided to the Account Holder. Written confirmation of this objection will be sent by the Platform to the Account Holder in question by electronic message. The Service Provider will take administrative responsibility of the file and keep all proof relating to it for 18 (eighteen) months. Upon written request of the Account Holder and before this time frame expires, the Service Provider will provide a copy of this objection.
Any request for objection must be confirmed immediately by the Account Holder in question, by a letter signed by the latter, provided or sent by registered mail, or email, to the Service Provider at the postal address indicated hereinabove or at the address indicated in the General Conditions of the Site.
The Service Provider will not be held responsible for the consequences of an objection sent by fax or email that does not come from the Account Holder.
A request for objection is deemed to be made on the date and time of the effective receipt of the request by the Platform. In the event Personalised Security Data is stolen or there is fraudulent use of the Personal Online Area, the Service Provider is authorised to request from the Platform, a statement or copy of the complaint of the Account Holder and undertakes to respond to it as quickly as possible.
9. Blocking a Payment Account and Refusing Access to a Payment Account
The Service Provider reserves the right to block the Payment Account for objectively motivated reasons regarding the security of the Payment Account, the presumption of unauthorised or fraudulent use the Payment Account or a significantly increased risk that the Account Holder is incapable of fulfilling their obligation to pay the fees due under this Framework Contract.
The Account Holder is informed that the Service Provider may refuse access to the Payment Account by Third-Party PSP providing the service of initiating payment or information on the accounts, for objectively motivated or documented reasons related to unauthorised or fraudulent access to the Payment Account by this Service Provider, including initiating an unauthorised or fraudulent payment operation.
In this event, the Account Holder will be informed in their Personal Online Area of the block or refusal of access to the Payment Account and the reasons for this block or refusal. This information will be provided
to them, if possible, before the Payment Account is blocked or access is refused and at the latest immediately after the block or refusal, unless providing this information is not communicable for reasons of objectively motivated security or is prohibited under another provision of pertinent European Union or national law.
The Service Provider will unblock the Account or re-establish access to it when the reasons for the block or refusal of access no longer exist. The Account Holder may request at any time that the Account be unblocked by indicating this to the Platform Customer Service, the contact information of which is included in the General Conditions of the Site. The Account Holder may be requested to create new Identification Data.
10. Contesting an Operation
10.1. Provisions Common to All Account Holders
For any claim relating to Payment Operations carried out by the Service Provider in the framework hereof, the Account Holder is asked to address the Platform Customer Service at the address indicated for this purpose in the General Conditions of the Site.
If an Order is executed by the Service Provider with errors attributed to this latter, this should be contested as soon as possible to the Service Provider, the Order will then be cancelled and the Account returned to the situation that it was in before receiving the Payment Order. Following that, the Order will be correctly reissued.
The fees indicated in the Price Conditions may be due in the event an Operation is unjustifiably contested.
10.2.Provisions Applicable to Professional Account Holders
Professional Account Holders wishing to contest a Transfer Operation unauthorised by them or improperly executed must contact the Platform Customer Service by telephone as soon as possible after they become
aware of the anomaly and at the latest within eight (8) weeks following the transaction of the operation, it being their responsibility to contest it to the Service Provider as soon as possible. Unless there are good reasons to suspect the Account Holder of fraud, the Service Provider will reimburse the Account Holder in the amount of the Operation immediately following receiving the request to contest it, and in any case at the latest at the end of the next Business Day. The Service Provider will return the Account to the state it was in before the unauthorised Payment Operation took place
In the event of the loss or theft of Personalised Security Data, unauthorised Operations carried out before they are contested are the Account Holder’s responsibility. Operations carried out after they are contested are borne by the Service Provider unless in the event of fraud by the Account Holder.
10.3.Provisions Applicable to Consumer Account Holders
Consumer Account Holders wishing to contest a Transfer Operation unauthorised by them or improperly executed must contact the Platform Customer Service by telephone as soon as possible after they become
aware of the anomaly and at the latest within thirteen (13) months following the date it is debited, it being their responsibility to contest it to the Service Provider as soon as possible. Unless there are good reasons
to suspect the Account Holder of fraud, the Service Provider will reimburse the Account Holder in the amount of the Operation immediately following receiving the request to contest it, and in any case at the latest at the end of the next Business Day. The Service Provider will return the Account to the state it was in before the unauthorised Payment Operation took place
In the event it is contested, responsibility for proof that the Operation was identified, duly recorded and accounted for, and that it was not affected by technical or other deficiencies is the responsibility of the Service Provider
In the event of an unauthorised Payment Operation following the loss or theft of Personalised Security Data, the Account Holder is responsible for the losses related to the use of Personalised Security Data before it is contested, up to a threshold of fifty (50) euros. Operations carried out after they are contested are borne by the Service Provider unless in the event of fraud by the Account Holder. However, the Account Holder is not held responsible in the event:
– Of an unauthorised Payment Operation carried out without using Personalised Security Data;
– Of the loss or theft of Personalised Security Data that could not be detected by the Account Holder before the payment was made;
– Of losses due to actions or failures of an employee, agent or subsidiary of a PSP or an entity to which these activities were externalised.
The Account Holder is also not held responsible:
– if the unauthorised Payment Operation is carried out by diverting the Personalised Security Data, without the Account Holder’s knowledge;
– in the event of counterfeiting the Personalised Security Data, if, at the time of the unauthorised Payment Operation, the Account Holder is in possession of this Data.
The Account Holder will bear all the losses arising from unauthorised Operations if these losses result from fraudulent activity by them or if they intentionally seriously neglected the obligations to keep their Personalised Security Data secured and to contest operations in the event of loss, theft or diversion of their Data.
Barring fraudulent activities on behalf of the Account Holder, the latter will not bear any financial consequences if the unauthorised Operation was carried out without the Service Provider requiring Strong Authentication of the Account Holder, in the event that regulations require it.
11. Financial Conditions
The services offered herein are invoiced by the Platform on behalf of the Service Provider in compliance with the Price Conditions.
Any commissions due by the Account Holder are automatically deducted from the Payment Account by the Service Provider. The Account Holder authorises the Service Provider to compensate at any time, even after the Account is closed, any irrefutable credit, liquid and collectible that remains owed, of any nature whatsoever. Funds in the Payment Account may be compensated for any amount due, collectible and unpaid of the Account Holder to the Service Provider.
In the event of late payment of the amounts due and collectible of the Account Holder to the Service Provider, the Account Holder will owe late-payment interests for the period from the date they are due until payment is complete. The applicable interest rate will be calculated on the basis of two times the annual legal interest rate published twice yearly for businesses. The amount of late-payment interest will be equal to the product of the amount unpaid multiplied by the above-mentioned legal interest rate and the number of days late over 365.
12. Term and Termination
The Framework Contract is entered into for an indeterminate period. It enters into force from the time it is accepted by the Account Holder.
The latter may at any time and by respecting an advance notice of thirty (30) calendar days, terminate the Framework Contract. The Service Provider may at any time terminate the Framework Contract, by
respecting an advance notice of two (2) months provided in Hard Copy format. In this case, the fees irrefutably owed for the Payment Services are due by the Account Holder on a pro rata basis for the period elapsed at the termination date.
Beyond six (6) months, the Framework Contract may be terminated without costs. In other cases, termination costs may apply, in compliance with the Price Conditions.
For these purposes, each Party must notify the termination hereof to the other Party, by registered letter with acknowledgment of receipt, to the postal and email address indicated in the General Conditions of the Site.
Consequently, the entire Framework Contract is terminated any Payment Account is closed. The credit in the Account will be transferred in a time frame of thirteen (13) months to the Account Holder’s Bank Account after deducting the fees due and payable to the Service Provider. If the credit in the Payment Account surpasses the threshold indicated in the Price Conditions, the amount surpassing the threshold will be transferred within thirty (30) days following the date the termination takes effect to the Account Holder’s bank account after deducting the fees due and payable to the Service Provider. The Service Provided is discharged of any obligation upon confirming to the Account Holder the transfer to the bank account indicated.
In the event of serious breach, fraud, or lack of payment on the part of the Account Holder, the Service Provider reserves the right to suspend or terminate this Contract by sending an email along with a registered letter with acknowledgment of receipt without providing reasons or advance notice.
It is established that the Framework Contract will be automatically terminated in the event of new circumstances that affect the ability of a Party to carry out the obligations of the Contract.
13. Modification of the Contract
The Service Provider reserves the right, at any time, to modify the Framework Contract. Any draft modification of the Framework Contract is provided to the Account Holder via the Platform Any Account Holder may refuse the proposed modifications and must notify their refusal to the Platform Customer Service by registered letter with acknowledgment of receipt two (2) months before the proposed modifications enter into force (post office stamp being proof thereof) to the address indicated in the General Conditions of the Site.
Lacking notification of refusal before the indicated date that they enter into force, the Account Holder will be deemed to have accepted the proposed modifications. The relationship between the Parties after the date of entry into force will then be governed by the new version of the Framework Contract.
In the event the Account Holder refuses, this refusal will give rise, without fees, to the termination of the Framework Contract, as well as the transfer of the balance of the Payment Account in a time frame of thirteen (13) months following the date the termination takes effect in order to cover anything contested in the future.
Any legislative or regulatory provisions that make modifications necessary to any part of the Framework Contract will be applicable from the date they enter into force, without advance notice. However, the Account Holder will be informed thereof.
14. Security
The Service Provider undertakes to ensure that the services are provided with respect to the applicable laws and regulations and best practices. Specifically, the Service Provider shall do what is necessary to ensure the security and confidentiality of the Account Holder’s data, in compliance with the regulation in force.
The Service Provider reserves the right to temporarily suspend access to the online Account for technical, security or maintenance reasons without these operations invoking any right to an indemnity of any kind. It undertakes to limit these types of interruptions to those that are strictly necessary.
However, the Service Provider shall not be held responsible to the Account Holder for potential errors, omissions, interruptions or delays of operations carried out via the Site that result from unauthorised access by the latter. The Service Provider shall not be held responsible for the theft, destruction or unauthorised disclosure of data that results from unauthorised access to the Site. Furthermore, the Service Provider remains outside of the scope of the legal relationship between the Account Holder and a User or between the Account Holder and the Site. The Service Provider will not be held responsible for defaults, breaches or negligence between a User and an Account Holder, or the Site and an Account Holder.
If the unique identifier or any other information necessary to carry out a Payment Operation provided by the Account Holder is inexact, the Service Provider cannot be held responsible for the improper execution of said Service.
The Platform alone is responsible for the security and confidentiality of the data exchanged in the framework of using the Site in compliance with the General Conditions of the Site, the Service Provider being responsible for the security and confidentiality of the data that it exchanges with the Account Holder in the framework hereof for creating and managing their Account, as well as Payment Operations related to the Account.
15. Limits to the Service Provider’s Liability
The Service Provider is in no way involved in the legal and commercial relationships and potential disputes arising between the Account Holder and the User or between the Account Holder and the Platform or between the Account Holder and a Beneficiary. The Service Provider exercises no oversight over the conformity, security, legality, characteristics and the appropriate character of the products and services subject to a Payment Operation.
Every operation carried out by the Account Holder gives rise to a contract created directly between themselves and a User who is a stranger to the Service Provider. Consequently, the latter cannot be held responsible for the non-performance or improper performance of the obligations arising from it, or any potential damages caused to the Account Holder.
Notwithstanding any contrary provision in this Contract, the Service Provider’s liability in terms of an Account Holder is limited to reparations for direct damages as established by regulation.
16. The Account Holder’s Commitments
The Account Holder acknowledges that elements in their Personal Online Area do not infringe on the rights of a third party and are not contrary to the law, public order, or proper ethics. They undertake:
(i) To not perform the Framework Contract in an illegal manner or under conditions that may damage, deactivate, overload or alter the site;
(ii) To not usurp the identity of another person or entity, falsify or divulge their identity, their age or create a false identity;
(iii) To not divulge data or personal information related to a third party, such as postal addresses, telephone numbers, email addresses, bank card numbers, etc. In the event of a breach of these obligations, the Service Provider may take all appropriate measures in order to bring an end to
these actions. It also has the right to suspend, erase and/or block the Account Holder’s access to their Account.
(iv) Without prejudice to legal actions undertaken by third parties, the Service Provider has the right to personally bring any legal action that seeks to repair the damages that it has personally been subject to due to the Account Holder’s breach of their obligations under this Contract.
If the Account Holder is aware of a breach of the above-mentioned obligations, they are asked to inform the Service Provider of these actions by contacting it at the address: [email protected].
17. Withdrawal Right
17.1. Provisions Common to All Account Holders
The Account Holder having been initiated under the meaning of Articles L.341-1 et seq. of the Monetary and Financial Code has a time frame of 14 (fourteen) calendar days to exercise their right of withdrawal, as the case may be subject to responding to the conditions of Article D341-1 of this Code, without having to justify the reason or bear the penalty. This time frame for withdrawal begins from the day of their registration as an Account Holder.
17.2. Provisions Applicable to Consumer Account Holders
Under Article L222-7 of the Consumer Code, the consumer Account Holder has a right of withdrawal that may be exercised in a time frame of 14 (fourteen) days without having to justify the reason or bear the penalty. This withdrawal time frame begins either from the day of entering into the Framework Contract, or from the receipt of the contractual conditions and information, if this date is after that of the date the Framework Contract is entered into. The Framework Contract may only be put into effect before the withdrawal deadline has expired upon the approval of the consumer Account Holder. The consumer Account Holder recognises that the use of Payment Services after entering into the Framework Contract constitutes an express request on its part to begin performing the Framework Contract before the abovementioned deadline has expired. Exercising the right of withdrawal involves the Framework Contract coming to an end, and in the event performance thereof has begun, takes the form of termination and does not bring into question the services previously provided. In this event, the consumer Account Holder will only be responsible for a payment proportional to the Services effectively provided.
17.3. Exercising the Withdrawal Right
The Account Holder must notify the Platform Customer Service of their withdrawal request within the indicated time frame by telephone or by email and by sending confirmation to the address of the Platform Customer Service. For this purpose, it may use the withdrawal slip made available to them by the Platform.
18. Rules Regarding the Fight Against Money Laundering and the Financing of Terrorism
The Service Provider is subject to all of the Luxembourg regulations regarding the fight against money laundering and the financing of terrorism.
Pursuant to the provisions of Luxembourg law, relating to financial organisations participating in the fight against money laundering and the financing of terrorist activities, the Service Provider must obtain information from all Account Holders regarding any operation or original business relationship, the subject and the destination of the operation or the opening of the Account. Furthermore, it must carry out all due diligence for identifying the Account Holder and, if it be the case, the beneficial owner of the Account and/or the Payment Operations related to them.
The Account Holder recognises that the Service Provider may bring an end or postpone at any time the use of Personalised Security Data, access to an Account or the execution of an Operation in the absence of sufficient elements regarding their purpose or nature. They are informed that an operation carried out in the framework hereof may be subject to exercising the right of communication to the national financial intelligence unit.
The Account Holder, pursuant to regulations, may access all information thus communicated subject to this right of access not jeopardising the purpose regarding the fight against money laundering and the financing of terrorism if this data relates to the individual making the request.
No proceedings or civil liability action may be brought and no professional sanctions issued against the Service Provider, their officers or agents if they have made declarations regarding suspicions in good faith to their national authority.
19. Protection of Personal Data
The Service Provider collects and processes all Personal Data in compliance with the regulations in force applicable to the protection of this Data.
The Personal Data required during registration is necessary in the framework of the services provided in compliance herewith. If the obligatory Personal Data is not provided, the interested party may be refused access to the services.
The Person in Question is informed that the Personal Data is specifically collected for the following purposes: providing the services such as described herein; the fight against money laundering and the financing of terrorism; managing requests for information and claims; carrying out statistics. This data processing is specifically necessary for the performance of the Framework Contract as well as respecting the legal obligations that the data processor is subject to. The Service Provider and the Platform act as joint processors of this data.
The Personal Data shall not be transferred to any third party without the express consent of the Persons in Question. However, the Person in Question is informed that the Personal Data is transferred to the Service Provider’s subcontractors for the above-stated purposes. Said subcontractors only act on instructions from the Service Provider and exclusively on behalf of the latter.
The Person in Question may access the list of subcontractors by sending their request to the Platform Customer Service. They are informed that the Service Provider ensures that their subcontractors take all necessary measures in order to maintain the security and confidentiality of the Personal Data. In the event the Data is violated (loss, breach, destruction, etc.) involving increased risk to the Person in Question, the latter will be informed thereof.
The Service Provider reserves the right to disclose Personal Data at the request of a legal authority to be in compliance with any law or regulation in force, to protect or defend the rights of the Account Holder or the Person in Question, if circumstances require it or to protect the security of the Service Provider, the Services or the public.
Personal Data processed by the Service Provider in the framework of the services provided in compliance herewith is kept for the period of time that is strictly necessary to attain the purposes mentioned hereinabove. Barring legal and regulatory provisions to the contrary, the Data will not be kept beyond the effective date of termination of the Contract. It is specifically indicated that the Personal Data relating to identification is kept for a term of five years from the end of the contractual relationship, subject to applicable regulation in terms of the fight against money laundering and the financing of terrorism.
The Persons in Question have the following rights pertaining to their Data, according to the conditions established by regulations: the right of access, right of rectification, the right of objection, the right of erasure, the right to restrict its processing and the right of portability. The Person in Question may at any time exercise these rights by addressing the Platform Customer Service. The request must indicate their last name, first name, identifier, and include a photocopy of an identity document bearing their signature.
A response will be sent to the Person in Question in a time frame of one (1) month following receipt of the request. This deadline may be extended to two (2) months, given the complexity and the number of requests. In this case, the Person in Question will be informed of this extension and the reasons for postponement within a deadline of one (1) month from the receipt of the request.
The Person in Question will be informed if they have the right to file a claim with the competent authority for any request related to their Personal Data.
If the Person in Question provides the request in electronic format, the response will be provided in electronic format, unless they expressly request otherwise.
When the Personal Data relate to a Person in Question who is not a party to the Framework Contract has been transferred by the Account Holder, the latter will be responsible for communicating to the Person in Question the information of this Article.
Additional Information on the processing of Personal Data carried out in the framework hereof, the time frame that it is kept and the rights of the Person in Question are available in the Service Provider’s confidentiality policy (accessible at the site www.mangopay.com).
20. Professional Secrecy
The Service Provider is bound by professional secrecy. However, the secrecy may be lifted, in compliance with the legislation in force, based on a legal, regulatory and prudential obligation, specifically at the request of supervisory authorities, the tax or customs administration, as well as those of a criminal judge or in the event of a legal request indicated to the Service Provider. Notwithstanding the foregoing, the User has the right to release the Service Provider from professional secrecy by expressly indicating the
authorities receiving the confidential information that relates to the User.
It is specified that professional secrecy may be lifted by regulation benefiting companies providing the Service Provider important operational tasks within the framework hereof.
21. Intellectual Property
The Service Provider retains all intellectual property rights that pertain to them for the Services offered to the Account Holder. None of these intellectual property rights will be transferred to the Account Holder
under this Contract.
22. Death of the Account Holder and Inactive Accounts
22.1.Death of the Account Holder
The death of the Account Holder will bring an end to the Framework Contract, once this is made aware to the Service Provider. Operations occurring from the time of death, except with the agreement of the
individual who has rights or the attorney in charge of the estate, will be considered not having been authorised.
The Payment Account will remain open for the time necessary to settle the estate and the Service Provider will ensure the transfer of the balance upon the agreement of the individual who has rights or the attorney in charge of the estate.
22.2.Inactive Accounts
Any inactive Account may be the subject to an inactivity notification by email on behalf of the Service Provider followed by a follow-up notification one month later. An Account Holder’s Payment Account is considered inactive if, at the end of a period of twelve (12) months, there have been no operations (with the exception of management fees being taken out) at the initiative of the Account Holder (or any representative) and that has not been specifically indicated to the Service Provider in any form whatsoever.
In the absence of a response or use of the balance of the credit of the Account in this time frame, the Service Provider may close the Account and maintain it for the sole purposes of carrying out a transfer of the amount due on the account as indicated by the Account Holder. In the event of death, the balance may only be transferred to the individual holding the Account Holder’s rights.
The Account may no longer carry out Payment Operations.
23. Force Majeure
The Parties shall not be held responsible, or considered as being in breach hereof, in the event of a delay or non-performance, when the cause of which is related to an event of force majeure as defined by Article 1218 of the Civil Code.
24. Independence of the Contractual Stipulations
If one of the stipulations hereof is nullified or not applicable, it shall be deemed not having been written and it shall not lead to nullification of the other stipulations.
If one or more stipulations hereof becomes invalid or is declared as such pursuant to a law, regulation or following a definitive decision handed down by a competent jurisdiction, the other stipulations retain their force of obligation and their scope. The stipulations declared null and void will then be replaced by stipulations that are as close as possible to the meaning and the scope of the stipulations initially agreed to.
25. Protection of Funds
The Account Holder’s funds shall be deposited, at the end of the Business Day following the day that they were received by the Service Provider, in a holding account open on the books of a Bank under the conditions required by regulations.
Under the terms of Article 24-10 (5) of the Law of 20 May 2011, published in 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 Mémorial A n° 215 of 11 November 2009 of the Grand Duchy of Luxembourg, transposing the
Directive 2009/110/EC of the European Parliament and the Council of 16 September 2009, concerning access to the activity of electronic money institutions, the funds collected are protected and are not included in the pool of assets of the electronic money institution in the event of liquidation, bankruptcy or any other competitive situation that may arise for this latter.
26. Lack of Transferability
The Framework Contract may not be subject to a total or partial transfer by the Account Holder in return for payment or free of charge. Thus, they are prohibited from transferring to any third party whatsoever the rights or obligations that it holds hereunder. In the event of breach of this prohibition, in addition to the immediate termination hereof, the Account Holder may be held responsible by the Service Provider.
27. Agreement in Relation to Proof
All data will be included in unalterable, true and secured form on the technology database of the Service Provider specifically relative to Payment Orders and notifications sent, so as to constitute proof between
the Parties unless there is proof to the contrary.
28. Territorial Scope of Application
The provisions of Articles L133-1 et seq. and L314-1 et seq. of the Monetary and Financial Code apply when the Service Provider and the provider of payment services of the payer or a beneficiary of a payment
operation debiting or crediting an Account are both located in the territory of mainland France, Guadalupe, Guiana, Martinique, La Réunion, Mayotte, Saint-Martin or Saint-Barthélemy or another Member State of
the European Union or in a State that is part of the European Economic Area agreement, and the operation of which is carried out in euros or in the currency of a Member States of the European Union that is not part of the SEPA Area or another state that is part of the European Economic Area agreement.
The provisions of Articles L133-1 et seq. and L314-1 et seq. of the Monetary and Financial Code apply (with the exception of those in Articles L. 133-11 to L. 133-13; L133-14, II and with the exception of the time frames mentioned in Article L314-13, VI) when the Service Provider and the provider of payment services of the payer or a beneficiary of a payment operation debiting or crediting an Account, one of which is located in the territory of mainland France, Guadalupe, Guiana, Martinique, La Réunion,
Mayotte, or Saint-Martin, and the other in the territory of mainland France, Guadalupe, Guiana, Martinique, La Réunion, Mayotte, or Saint-Martin or another Member State of the European Union or in a State that is part of the European Economic Area agreement, and the operation of which is carried out in the currency of a State that is not part of the SEPA Area or another state that is part of the European Economic Area agreement, for the parties to the payment operation that is carried out in the European Union.
The provisions of Articles L133-1 et seq. and L314-1 et seq. of the Monetary and Financial Code apply (with the exception of those in Articles L. 133-11, L133-13,I; L133-22; L133-25 to L133-25-2; L133-27, and with the exception of the time frames mentioned in Article L314-13, VI) when only the Service Provider or only the provider of payment services of the beneficiary or that of the payer is located in the territory of mainland France, Guadalupe, Guiana, Martinique, La Réunion, Mayotte, or Saint-Martin, no matter the currency in which the payment operation is carried out, for the parties to the payment operation that is carried out in the European Union.
29. Claims and Mediation
The Account Holder is asked to address the Platform Customer Service, as indicated on the Site regarding any claim.
Any claim other than that established in Article 10 relating to entering into, performing or terminating the Framework Contract must be indicated by email to the following address: [email protected].
Any claim other than that established in Article 10 relating to entering into, performing or terminating the
The Account Holder accepts that the Service Provider will respond to their claims on Hard Copy format. The response will be issued as quickly as possible and at the latest within a time frame of fifteen (15) Business Days following the receipt of the claim by the Service Provider. However, for reasons outside of its control, the Service Provider may not be able to respond in this time frame of fifteen (15) days. In this event, it will provide the Account Holder with the response specifying the reasons for this
additional time period as well as the date on which it will send the definitive response. In any case, the Account Holder shall receive a definitive response at the latest in a time frame of thirty-five (35) Business Days following the receipt of the claim.
The Account Holder is informed that the CSSF (Commission de Surveillance du Secteur financier) [Oversight Commission of the Financial Sector] is competent to settle disputes on an extrajudicial basis related to the performance of this Framework Contract. For more information on the CSSF and the conditions of such recourse, you may address the Platform Customer Service or consult the website of the CSSF (http://www.cssf.lu). Mediation requests must be addressed to the Mediator of the Commission de Surveillance du Secteur Financier (CSSF), 283 route d’Arlon, L-1150 Luxembourg, ([email protected]) and this, without prejudice to other legal actions. However, the mediator may not be approached if the
request is manifestly unfounded or abusive, if the dispute has previously been settled or is in the process of being settled by another mediator or by a court, if the request to the mediator is provided within a time frame of longer than one year from the time of the written claim to the professional, or if the dispute does not fall within the mediator’s scope of competence.
30. Language – Applicable Law and Competent Jurisdiction
With the exception of applying a law related to public order (which only applies in the strict limits of its purpose), is expressly stipulated that English is the language chosen and used by the Parties in their precontractual and contractual relationships and that the Framework Contract is subject to French law. Any dispute between the Parties regarding the latter shall be submitted to the jurisdiction of the competent French courts.
31. Integrated Payment Service
As part of the Integrated Payment Service, the Buyer must pay in advance for the Item(s) purchased from the Seller by credit or debit card, or any other payment method that may be introduced from time to time, by using the Integrated Payment Service available on the Site.
The amounts paid by the Buyer (Item price, Buyer Protection Fee, Shipping Fees, together the “Total Purchase Price”) will be retained bya financial service provider selected by Ree (MANGOPAY SA) in an e-wallet operating as an escrow account up until the transaction is completed. The transaction is completed:
(I) when the Buyer confirms through the platform that the delivered Item complies with the conditions of the offer by clicking “Everything is ok’; or (II) automatically after the expiration of the 2 day Dispute Filing Period defined in section 6.56.2 if no disputes about the Item are raised; or
(III) If a dispute is raised during the Dispute filing Period, after the resolution of the dispute.
Once the transaction is completed, the purchasing price will be immediately transferred to the Seller’s e-wallet. The funds available on the User’s e-wallet can be transferred at any time to his/her personal bank account, without any transfer fee and for any amount whatsoever. The funds available on the e-wallet may be used to make purchases on Ree from other Users.
Ree calls on MANGOPAY SA to process the payment and store the information regarding the credit or debit card. In order to be able to use the Integrated Payment Service, the Buyer declares that he/she accepts the general conditions of this provider. The Buyer will be solely responsible for the transmission of information associated with the credit or debit card and Ree hereby denies any responsibility to the full extent permitted by the applicable legislation.
Please note that the right to use the Integrated Payment Service is only for sales in a User’s own name. A User may not resell, hire or on any other basis allow third parties to use the Integrated Payment Service to enable such third parties to be paid for their services. Users may not use the Integrated Payment Service for types of product and services other than those registered with Ree. In particular, the User confirms that she/he will not use the Integrated Payment Service for any type of product or service not appearing in the rules of the Catalogue If Ree at any time discovers that the information a User provided about himself / herself is incorrect or has changed without informing Ree or if a User violates any of these conditions, the Services may be suspended and/or terminated with immediate effect.
If any suspicion arises about fraud of any kind whatsoever carried out by a User, Ree will immediately suspend the account of the User in question as well as the transactions under way while waiting for the results of the enquiry being conducted.
In the event of any problem (such as for example hints of suspected illegal sales on the Site, money laundering, spamming, violation of the payment providers terms & conditions reported by the provider responsible for the Integrated Payment Service to Ree, Ree may immediately suspend the Account of the User in question as well as the transactions under way while waiting for the results of the enquiry being conducted.
Ree reserves the right to suspend a User’s account if a User in relation to a Transaction initiates a dispute resolution procedure via an external payment service provider and, in consideration of all circumstances of the initiated dispute resolution procedure, VINTED has a legitimate reason to suspend the User’s account (e.g. in case of breach of applicable laws and/or of these Terms and Conditions and/or there is a likelihood of misuse of the Site).
32. Payment
Ree is authorised to collect sums as part of the Services provided in accordance with the prices indicated in the Price list.
All prices are expressed in British Pound (GBP), all applicable taxes included.
In the event that a Transaction is carried out with the Integrated Payment and Shipping Service, the Buyer’s payment will be made by a credit card, debit card, virtual card or any other payment method approved for the Integrated Payment Service on the Site at the moment of concluding the Sales Contract in question. Buyer can also use the funds available on buyer’s Ree Balance (i.e. your e-wallet available through Ree), if any. If Buyer does not have enough funds in his / her Ree Balance to cover the Item(s) price, Buyer can cover the missing part by paying through other available payment methods. If the Buyer decides not to use the Integrated Payment Service, the payment will be made by direct debit, bank card (Visa/MasterCard), virtual card or any other payment method on which the Users in question have agreed upon between themselves without the assistance of Ree.
In the event of a Transaction being carried out with the Integrated Payment and Shipping Service, the total amount will be debited from the Buyer’s account (price of the Item, shipping costs and Buyer Protection Fees) and the Seller will collect the amount due to him/her only upon Receipt Confirmation. If the Buyer does not receive the Item or the Item did not substantially comply with the description provided by the Seller, and under the further conditions stipulated in sections 6.5.2 and 6.5.3 his/her account will be re-credited.
In the event of a Transaction being carried out without the Integrated Payment and Shipping Service, the Buyer and Seller need to agree on the conditions of payment as described in section 6.7 above. Ree collects no fee in context with the Transaction in this case.
33. Integrated Shipping Service
The Integrated Shipping Service is available only if the Buyer opts for, or automatically benefits from, the Buyer Protection Service. For its Integrated Shipping Service, Ree offers its Users the services of third party service providers specialising in transport and delivery, as detailed below. Ree may at any time use another third party provider such as these companies. The same rules as below will then immediately apply. From the moment the User chooses one or the other of these Services and pays Ree accordingly, Ree keeps the sum on the User’s e-wallet in escrow. Integrated Shipping Labels mean that Ree generates a shipping label to be used by the Seller. Once the Transaction is completed (as per section 7.2) the Seller recovers (1) the price of the item. The Buyer Protection Service fee, the fee for the shipping service is released to Ree. Here are all of the available shipping service providers and conditions for Integrated Shipping Labels: When the Buyer chooses the InPost shipping service (if available within the region of the User), a shipping label is automatically sent to the Seller, which must be used for the shipment of the Item to the Buyer. Should the Item be lost or damaged during the shipping procedure, Ree will reimburse to the Buyer the full amount of the price retained in escrow. As part of this service, InPost Terms and Conditions are applicable for the Users who benefit from the Integrated Shipping Label. By using this shipping service, the Seller will benefit from a compensation limit for a lost or damaged Item up to 20GBP under InPost compensation.
Shipping Instructions service means that the Seller has to buy the shipping label on his/her own according to the instructions provided by Ree. In this case, the amount paid by the Buyer for the Item and the shipping costs Shipping Fee are held in the Escrow Account. The Seller must pay for the shipping service according to Ree’s shipping instructions and send the item to the Buyer. Should the Seller fail to use and follow the shipping instructions provided by Ree, the Seller will bear the risk and costs of any additional shipping fees incurred by him/her, will not be reimbursed by Ree for these costs and will be responsible for shipping the item to the Buyer themselves. Once the transaction is completed, the Seller recovers the price of the item and the shipping costs held in escrow.