II. Data protection notice from RatePAY GmbH and information on rejection for RatePAY payment methods

Transcription

1 ADDITIONAL GENERAL TERMS AND CONDITIONS AND DATA PROTECTION NOTICE CONTENTS: I. Additional general terms and conditions II. Data protection notice from RatePAY GmbH and information on rejection for RatePAY payment methods 1. Scope and general terms and conditions of use The following additional general terms and conditions apply between the customer and the merchant for all contracts entered into with the merchant for which a RatePAY payment method is used. Please note that the validity of individual rules is dependent on the customer's place of residence. These particular provisions will be set out in the following. In any case of conflict, these additional general terms and conditions take precedence over any general terms and conditions of the merchant to the contrary. Unless expressly stated otherwise, there is no contract between the customer and RatePAY GmbH (hereinafter referred to as RatePAY ). The use of RatePAY payment methods is only available to the following customers: For customers whose place of residence is in Germany: Who are consumers in accordance with Section 13 of the German Civil Code (Bürgerliches Gesetzbuch; BGB) and are 18 years of age. For customers whose place of residence is in Austria: Who are consumers in accordance with Section 1, Paragraph 1, Number 2 of the Consumer Protection Act (Konsumentenschutzgesetz; KSchG) and are 18 years of age. For customers whose place of residence is in Switzerland: Who are consumers in accordance with Article 2, Paragraph 2 of the Price Disclosure Ordinance (Preisbekanntgabeverordnung; PBV) and are 18 years of age. For business customers whose registered office is in Germany: Provided a corresponding agreement is in place between RatePAY and the merchant, purchase on account can also be offered to business customers within the meaning of Section 14 of the BGB. For business customers whose registered office is in Austria: Provided a corresponding agreement is in place between RatePAY and the merchant, purchase on account can also be offered to business customers within the meaning of Section 1, Paragraph 1, Number 1 of the KSchG. The merchant reserves the right to perform credit checks on customers. For further details, please refer to the RatePAY data protection notice, which can be found below in this document under point II. If use of the RatePAY payment method chosen is not possible on account of insufficient creditworthiness or the merchant sales limit being achieved or the crossmerchant buyer sales limit, the merchant reserves the right to offer an alternative billing option. The merchant shall be entitled to assign to third parties any accounts receivable from sales, together with all ancillary rights that arise with the use of a RatePAY payment method. The receivables that arise from the use of a RatePAY payment method are assigned to RatePAY within the scope of a current factoring agreement and to Wirecard Bank AG for instalment payment as the choice of payment method. Payments in discharge of liabilities can only be made to RatePAY, or to Wirecard Bank AG in the case of instalment payments. The ownership of goods is retained by the seller until payment of the purchase price has been made in full. For customers whose place of residence is in Switzerland: RatePAY will not send a payment slip to the customer by post. Any customers wishing to settle the amount outstanding by payment slip should please use a plain red payment slip. Any postal charges incurred by paying in at the post office will be passed on to the customer. of the RatePAY GmbH (Version DACH 1.4) Page 1/7

2 2. RatePAY payment methods With the support of RatePAY, merchants can offer a choice of the RatePAY payment methods listed below for customers buying online. Answers to frequently asked questions (FAQ) can be found on our website at RatePAY-invoice For customers whose place of residence is in Austria or Germany: RatePAY open invoice is purchase on account. The customer will receive an invoice which must be paid within a period of time as specified by the merchant and will be due for payment without deduction. If the customer fails to pay an invoice by the due date at the very latest, the customer shall be deemed in default, without a separate reminder, unless payment did not take place due to circumstances for which the purchaser is not responsible. If the customer is in default, RatePAY reserves the right to calculate an appropriate dunning charge and default interest of five percentage points above the respective base rate of the European Central Bank (ECB) for each reminder. For customers whose place of residence is in Switzerland: RatePAY open invoice is purchase on account. The customer will receive an invoice which must be paid within a period of time as specified by the merchant and will be due for payment without deduction by the due date at the very latest. If the customer fails to pay an invoice by the due date at the very latest, the customer shall be deemed in default, without a separate reminder, unless payment did not take place due to circumstances for which the purchaser is not responsible. If the customer is in default, RatePAY reserves the right to calculate a dunning charge of CHF for the first reminder and a dunning charge of CHF for the second reminder as well as default interest of five percentage points above the respective base rate of the European Central Bank (ECB). 2.2 RatePAY direct debit For customers whose place of residence is in Austria or Germany: RatePAY direct debit is a purchase by SEPA direct debit. The customer will receive an invoice which must be paid within a period of time as specified by the merchant and will be due for payment without deduction. The SEPA direct debit mandate issued to RatePAY authorizes RatePAY to collect any payments to be made by the customer through the purchase by RatePAY direct debit by means of a SEPA direct debit from the current account and bank specified in the order process. RatePAY will inform the customer by that payment will be collected one day before the SEPA direct debit becomes due at the latest (pre-notification). Payment will be collected on the date specified in the pre-notification at the earliest. It is possible that payment will be collected at a later date shortly after. If, between the invoice being issued, the pre-notification and the due date, the purchase price is reduced (for example, by credit notes) then the amount debited may differ from the amount specified in the invoice or pre-information. It is the customer's duty to ensure that the current account has sufficient funds to cover the payment on the date the payment becomes due. The customer's bank is not obligated to honor the direct debit if the current account does not contain sufficient funds. If the direct debit is returned due to a lack of necessary funds in the current account, an unjustified rejection by the account holder or the current account being closed, the customer shall be deemed in default, without a separate reminder, unless payment did not take place due to circumstances for which the purchaser is not responsible. of the RatePAY GmbH (Version DACH 1.4) Page 2/7

3 The charges levied against RatePAY by the customer's bank in the event of a returned direct debit plus a reasonable administration fee will be passed on and must be paid by the purchaser. If the customer is in default, RatePAY reserves the right to calculate an appropriate dunning charge and default interest of five percentage points above the respective base rate of the European Central Bank (ECB). Given the high costs that are associated with a returned direct debit, we request that customers do not reject the SEPA direct debit in the event of withdrawal from the purchase contract, returns or complaint. In these cases, please coordinate with the merchant to arrange a refund of payment by reverse transfer of the corresponding amount or by means of a credit note. For customers whose place of residence is in Switzerland: RatePAY direct debit is not available for customers whose place of residence is in Switzerland. 2.3 RatePAY pre-payment RatePAY pre-payment is executed by prepayment. The customer will receive an invoice which must be paid within a period of time as specified by the merchant and will be due for payment without deduction. After a period of 14 days following the payment due date, RatePAY is no longer obligated to accept the payment for purposes of fulfilment. Shipment of goods will take place as soon as the full invoice amount has been transferred to the specified account. 2.4 RatePAY instalment payment For customers whose place of residence is in Austria or Germany: RatePAY instalment payment is paying off the purchase price in monthly instalments. For this method, monthly instalments must be paid over a fixed agreed term, with the final instalment potentially differing from previous instalments. Instalment payments can be transferred via standing order or SEPA direct debit. RatePAY instalment payments are handled in cooperation with Wirecard Bank AG. Accounts receivable are assigned to Wirecard Bank AG in Aschheim, Germany, within the scope of a current factoring agreement. Payments in discharge of liabilities can only be made to Wirecard Bank AG. If the option of RatePAY instalment payment with SEPA direct debit is chosen, the instalment payments are collected on the respective due date from the customer's bank account specified in the order process. Any SEPA direct debit mandates issued to Wirecard Bank AG authorize Wirecard Bank AG to collect payments from the bank account specified. Wirecard Bank AG or RatePAY will inform the customer by that payment will be collected one day before the SEPA direct debit becomes due at the latest (pre-notification). Payment will be collected on the date specified in the prenotification at the earliest. It is possible that payment will be collected at a later date shortly after. If, between the instalment plan being created, the pre-notification and the due date, the purchase price is reduced (for example, by credit notes) then the amount debited may differ from the amount specified in the instalment plan or preinformation. It is the customer's duty to ensure that the current account has sufficient funds to cover the payment on the date the payment becomes due. The customer's bank is not obligated to honor the direct debit if the current account does not contain sufficient funds. If the direct debit is returned due to a lack of necessary funds in the current account, an unjustified rejection by the account holder or the current account being closed, the customer shall be deemed in default, without a separate reminder, unless payment did not take place due to circumstances for which the purchaser is not responsible. The charges levied against Wirecard Bank AG by the customer's bank in the event of a returned direct debit plus a reasonable administration fee will be passed on and must be paid by the purchaser. In the case of returned direct debit, Wirecard Bank AG is authorized to switch the payment method to bank transfer. Given the high costs that are associated with a returned direct debit, we request that customers do not reject the SEPA direct debit in the event of withdrawal from the purchase contract, returns or complaint. In these cases, please coordinate with the merchant to arrange a refund of payment by reverse transfer of the corresponding amount or by means of a credit note. of the RatePAY GmbH (Version DACH 1.4) Page 3/7

4 For further important details of the instalment plan for the customer's planned purchase with the merchant (term, instalment amount, borrowing rate, effective annual percentage rate, total sum, etc.), please refer to the instalment calculator which is made available to customers during the order process so as to define the conditions. As far as possible, this takes into account customer s requests in relation to the instalment amount and term. The instalments agreed in the course of the order process are generally due on the 28th of each month for the duration of the payment term. The first instalment is due in the first month following the invoice date. If the customer fails to pay an instalment by the due date at the very latest, the customer shall be deemed in default, without a separate reminder, unless payment did not take place due to circumstances for which the purchaser is not responsible. If the customer is in default, Wirecard Bank AG reserves the right to calculate an appropriate dunning charge and default interest of five percentage points above the respective base rate of the European Central Bank (ECB) for each reminder. In the case of a partial return, the purchase price amount is reduced and RatePAY will issue a new instalment plan to the customer. The amount of the monthly instalments will remain the same, with just the instalment term being shortened. Below is an example of how an instalment plan for RatePAY instalment payment might be structured and which also reflects requirements 2 and 3 as set out in Section 6a Paragraph 3 of the Price Indication Ordinance (Preisangabenverordnung; PAngV). Example of instalment plan: Order: 1 January 2015 Delivery: 10 January 2015 Due date: on 28th Cash price: EUR Signing fee: 3,95 EUR Borrowing rate p.a. (fixed): 13,70% Term: 6 months No. Term Repayment amount Interest amount Signing fee Instalment Remaining debt 1 28 February 2015 EUR EUR 5.32 EUR 0.66 EUR EUR March 2015 EUR EUR 2.72 EUR 0.66 EUR EUR April 2015 EUR EUR 2.19 EUR 0.66 EUR EUR May 2015 EUR EUR 1.65 EUR 0.66 EUR EUR June 2015 EUR EUR 1.11 EUR 0.66 EUR EUR July 2015 EUR EUR 0.56 EUR 0.66 EUR EUR 0.00 The first instalment to be paid under this instalment plan is: EUR Link to instalment calculator: For customers whose place of residence is in Switzerland: RatePAY instalment payment is not available for customers whose place of residence is in Switzerland. of the RatePAY GmbH (Version DACH 1.4) Page 4/7

5 II. Data protection notice from RatePAY GmbH and information on rejection for RatePAY payment methods 1. Why do we request your consent for the use of data? Merchants offer customers a choice of one or more RatePAY payment methods for their order. The merchant works in partnership with RatePAY GmbH, Schlüterstraße 39, Berlin, Germany (hereinafter referred to as RatePAY ), which supports the merchant in ascertaining the probability of orderly payment. In order to carry out the necessary risk assessment, the merchant must be able to send your customer information to RatePAY and will therefore ask you to provide consent for this and the additional purposes outlined in the following. The giving of consent is of course voluntary. However, please understand that you will not be able to use RatePAY payment methods if this consent is not provided. This RatePAY data protection notice of course only applies to those who wish to use a RatePAY payment method. Please also observe the merchant s data protection declaration. 2. What data is concerned? It is important to us that we provide you with comprehensive and transparent information on what data we collect, process and use. Specifically, this relates to the following data and the information gained through the evaluation of the data (hereinafter referred to customer data ): Personal details: name (title, first name(s), surname), date of birth, address, address and telephone number(s) Bank account details (RatePAY direct debit): account holder name, account number, sort code, bank, (IBAN, BIC/Swift) Order details: information relating to current, previous and/or future orders with the merchant and other online shops that are in partnership with RatePAY, such as information on products and payment methods you have chosen. Creditworthiness: information that provides an indication of creditworthiness, especially from credit agencies and other cooperation partners, such as data on potential titled receivables against you and other credit history information, in each case so far as this is permitted according to relevant provisions concerning data protection. Technical data: details of the configuration of the user's end device ( device-specific data ) and data on the use of the merchant s websites. Any technical data is transferred to Risk. Ident GmbH, Sternstraße 105, Hamburg, Germany. 3. How might your data be used? Merchants use your customer data to carry out risk assessments, which are explained in greater detail below and are to some extent based on automated data processing. In addition, the merchant uses your customer data to execute your order, as part of assignment of receivables and in the course of other legally permitted purposes according to the following provisions. 3a) Risk assessments for orders with a merchant on choosing a RatePAY payment method By giving consent to this RatePAY data protection notice, you are agreeing to the following: (i) that the merchant may transfer your customer data to RatePAY and that RatePAY may transfer this customer data to SCHUFA Holding AG ( SCHUFA ), Infoscore Consumer Data GmbH ( ICD ), Creditreform Boniversum GmbH ( CBG ), CRIF Bürgel GmbH ( CRIF Bürgel ) and/or CRIF AG/GmbH ( CRIF ), insofar as the data relates to the application for, start of and termination of your contract with the merchant, and that corresponding information is obtained from credit agencies. This information will potentially include credit information based on mathematical and statistical methods, with calculations incorporating address data, among other information (this information shall be referred to as score values in the following); (ii) that RatePAY shall determine own score values and other evaluations (such as risk categories, for example) based on the disclosures and other customer data to enable RatePAY to make a decision on whether to approve the customer s request for use of a particular RatePAY payment method for both your current and any future orders in the merchant s online shop and that any decisions shall be transferred to the merchant and also to the respective recipient of the RatePAY GmbH (Version DACH 1.4) Page 5/7

6 of a claim in the case of an assignment of receivables. Furthermore, the merchant shall use address data to assess the risk of payment default in individual cases. No risk assessment is carried out if RatePAY pre-payment is used. 3b) Risk assessment for orders with other online shops on choosing a RatePAY payment method By consenting to this RatePAY data protection notice, you also agree for RatePAY to carry out the risk assessments detailed under 3a) for operators of other online shops; customer data will only be processed and used for these purposes if you seek to place an order using a RatePAY payment method in an online shop that is in partnership with RatePAY. 3c) Assignment of receivables and execution of the contract By giving consent to this RatePAY data protection notice, you are also agreeing to the following: (i) that the merchant may transfer your customer data to the respective recipient of a claim in the case of an assignment of receivables and that it as well as any potential third parties that are involved in the factoring process may process and use your customer data as required for the assertion and enforcement of assigned claims; (ii) that the merchant as well as RatePAY and the service provider employed by RatePAY for the execution of the contract (such as SCHUFA, for example) may process and use your customer data for the purposes of executing the contract, in particular, that the aforementioned parties may contact you via the provided address for the purposes of executing the contract (for example, sending the invoice); (iii) that RatePAY may contact Risk.Ident GmbH and obtain a risk assessment from said company. Among other aspects, the risk assessment is based on the following information: (a) whether the user s end device has communicated via a proxy server in the past or at present, (b) whether the end device most recently dialed in via various different internet service providers, (c) whether the geo reference of the end device has frequently changed in the past or at present, (d) how many internet transactions have been conducted on the device in the recent past (the type of transaction will not be identifiable) and (e) how probable it is that the end device stored in the Risk.Ident database does actually belong to the user. 4. Right of cancellation, access, amendment, blocking and deletion Consent for the use of your data applies for a period of three years after consent is first granted. After the end of this period, the data will be deleted or blocked, provided that further processing and/or use based on legal authorization or other separately granted approval has not been authorized. Consent can be retrieved and viewed at any time during the consent period at Consent can be revoked at any time with future effect. Furthermore, you are entitled to obtain free information about your personal data and to have it amended, blocked or deleted. In particular, you have right of access from the merchant if the merchant rejects your application to use a RatePAY payment method on the basis of automated processing of your data. You may also contact the merchant for further discussion of this rejection. In this case, the merchant will conduct a review of your objections to the decision by RatePAY. Please contact the merchant with any complaints via the address provided on their website. With regard to your data stored by the above-mentioned credit agencies, relevant information can be requested directly from the respective agencies, which can be contacted under the following addresses: of the RatePAY GmbH (Version DACH 1.4) Page 6/7

7 Creditreform Boniversum GmbH, Hellersbergstr. 11, Neuss SCHUFA Holding AG, Kormoranweg 5, Wiesbaden, Germany Infoscore Consumer Data GmbH, Rheinstraße 99, Baden-Baden, Germany CRIF Bürgel GmbH, Radlkoferstraße 2, München CRIF AG, Hagenholzstrasse 81, 8050 Zurich, Switzerland CRIF GmbH, Diefenbachgasse 35, 1150 Vienna, Austria 5. Information on rejection for RatePAY payment methods Further information on risk assessment and potential reasons for the rejection for RatePAY payment methods can be found under: (for consumers) and (for companies) Version D-A-CH 1.4 of the RatePAY GmbH (Version DACH 1.4) Page 7/7