Terms and conditions of the "Pay in 30 days" service.
DEFINITIONS
PayPo Application – software provided by PayPo in the version for mobile devices (e.g. cell phone), which, once installed, allows the Customer to conclude the Contract.
Store application – software made available by the Store under a separate agreement concluded between the Customer and the Store. PayPo is not a party to the said agreement.
BOK – PayPo’s Customer Service Office, which customers can contact in matters related to the service provided. The BOK’s contact information is as follows:
a. postal address: PayPo Sp. z o. o., 39 Domaniewska St., 02-672 Warsaw,
b. e-mail address: bok@paypo.pl,
c. Hotline phone number: (+22) 333 74 60 (charge according to the operator’s tariff).
Price of the Good s – the total price to be paid by the Customer for the purchased Goods in the Store including, in addition to the price of the Goods, any additional fees charged by the Store such as, for example, charges for transportation or additional services.
Customer – a natural person over 18 years of age, having full legal capacity and an assigned PESEL number, being a consumer within the meaning of the provision of Article 221 of the Civil Code, interested in making a purchase or making a purchase using the Website.
Account/Customer Panel – an individual account created by PayPo using either the Service or the PayPo Application, at the individual request of the Customer. Detailed information regarding the Account/Customer Panel is set forth in the Terms and Conditions of the Customer Panel available on the Website.
PayPo – PayPo Sp. z o.o. based in Warsaw, address: ul. Domaniewska 39, Warsaw (postal code: 02-672), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw. Warsaw, XIII Economic Department of the National Court Register under the KRS number 0000575158, with the share capital of PLN 1,075,650.00, NIP: 5213705997, REGON: 362485126, e-mail address: bok@paypo.pl, electronic delivery address AE:PL-48263-64036-THSCJ-22. PayPo is a lending institution registered in the register of lending institutions kept by the Financial Supervision Commission under number RIP000135 and a small payment institution registered in the register of small payment institutions kept by the Financial Supervision Commission under number MIP43/2019.
Regulations – Regulations of the service „Pay for 30 days”.
Complaint – an application addressed to PayPo by the Customer in which the Customer raises objections to the „Pay for 30 days” service or services provided electronically by PayPo under the Regulations.
Service – the website provided by PayPo and functioning at the address: https://paypo.pl/.
Store – an online or stationary store, operated by a specific entrepreneur, where the customer can make payments using the „Pay in 30 days” service.
Online store – an online store or an online platform operated in the territory of Poland, where Customers purchase Goods.
Stationary store – a stationary store operated in the territory of Poland, where Customers purchase Goods.
„Pay in 30 days” – a service provided by PayPo to the Customer, whereby PayPo pays the Price of the Goods directly to the Store (in a non-cash form), and the Customer returns the Price of the Goods directly to PayPo within 30 days from the date of purchase at no additional cost. The agreement does not constitute consumer credit as defined in Art. 3 of the Law of May 12, 2011. On consumer credit. „Pay for 30 days” does not constitute a payment service within the meaning of Art. 3 paragraph. 1 of the Law of August 19, 2011. On payment services.
Goods – a saleable movable item or service available in the Store.
Agreement – an agreement under which PayPo provides the „Pay for 30 days” service to the Customer. The Agreement is concluded remotely, without the simultaneous presence of both parties, using a process in which declarations of intent related to the conclusion of the Agreement are made electronically via the Internet and using the Service.
Service/Service provided electronically – a service provided electronically to enable the conclusion of a Contract between PayPo and the Customer for the purchase of Goods.
§1. GENERAL PROVISIONS
1.1. The Regulations set out the terms and conditions under which PayPo enables Customers to conclude Agreements as part of the Service provided electronically, through the transmission of data at the individual request of the Customer, sent and received by means of devices for electronic processing, including digital compression, and storage of data, which is entirely transmitted, received or transmitted via a telecommunications network within the meaning of the Act of July 16, 2004. – Telecommunications Law.
1.2. Acceptance of the Terms and Conditions is voluntary, but necessary in order to use the Service.
1.3. The language in which PayPo will communicate with the Customer in relations arising from the Terms and Conditions is Polish.
1.4. The use of the Service is free of charge, but requires that the device used by the Customer meets the technical conditions described in the Regulations.
1.5. The Customer using the Service is obliged to use the PayPo Service/Application for his/her own personal use only.
§2. Types and scope of services provided electronically
2.1. PayPo provides electronically a Service that allows the Customer to apply for a Contract and, if the application is positively verified, to conclude a Contract.
2.2. The Customer gains access to the content provided on the PayPo Service/Application by starting to use the PayPo Service/Application. The Customer may terminate the use of the Service provided electronically at any time by discontinuing use of the PayPo Service/Application. However, this does not relieve the Customer of its obligations to PayPo in connection with the Contract.
2.3. The „Pay for 30 days” service is provided to the customer:
2.3.1. whose email address is not in PayPo’s databases, or
2.3.2. whose email address is in PayPo’s databases, but the customer has not made full repayment of the obligation from at least one contract concluded with PayPo.
§3. Submitting an application for an Agreement
3.1. The conclusion of the Agreement is possible after the Client submits an application for the conclusion of the Agreement. (online store, stationary store)
3.2. A customer may apply for a Contract if he meets the following conditions together: (online store, stationary store)
3.2.1. Has full legal capacity,
3.2.2. Is a person who has reached the age of 18,
3.2.3. acts in its own name and on its own behalf,
3.2.4. Is a consumer within the meaning of Art. 221 of the Law of April 23, 1964. Civil Code (i.e., a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity),
3.2.5. has a place of residence in the territory of Poland and has a PESEL registration number,
3.2.6. does not participate in money laundering and terrorist financing schemes, nor does it involve money laundering and terrorist financing risks;
3.2.7. he/she has not been subject to bankruptcy proceedings against natural persons not engaged in business (so-called consumer bankruptcy), nor has a decision on the declaration of such bankruptcy been issued against him/her.
3.3 – Downloading the Store Application or PayPo Application is required to submit an application.(stationary store).
3.4. Submission of an application for an Agreement is executed after selecting the „Pay with PayPo” (or similar) option on the Website, where the Customer can download the Terms and Conditions. (online store, stationary store)
3.5. If the Customer has not previously entered into any agreement with PayPo or does not have a Customer Panel, after selecting the „Pay with PayPo” (or similar) option, the Customer will be asked to provide a phone number to send an SMS verification code and to accept a statement authorizing PayPo to query external databases to verify the Customer’s financial capacity and to give any consent to receive commercial information. The full list of institutions to which PayPo makes inquiries is available after selecting the „Full authorization” option. After providing a phone number and accepting the authorization to make an inquiry
in external databases, the customer will be asked to complete his data, i.e. providing the name, surname and PESEL number, and confirming that these data are consistent with the Customer’s current identity document. The customer may also be asked to complete an email address or residential address. Provision of data marked as mandatory is necessary for the conclusion of the Agreement. (online store, stationary store)
3.6. The application will be submitted:
1) after selecting „Pay with PayPo” (or similar) and entering a valid SMS verification code (if required) or
2) after confirming the purchase in the PayPo Application. (online store)
The request will be made after handing over to the salesperson at the checkout in the Stationary Store, the individual code generated after going from the Store Application or PayPo Application to the Service. The code is valid for 60 minutes from the moment it is generated. ( stationary store)
§4. Verification of the application
4.1. The conclusion of the Contract is subject to positive verification of the Customer’s application and PayPo’s assessment of the Customer’s financial capacity, and is at PayPo’s sole discretion.
4.2. PayPo, in verifying the Customer’s application, in particular, verifies the reliability and completeness of the data and whether the Price of the Goods the Customer wants to buy is not higher than the Customer’s financial capacity at PayPo. Verification is carried out on the basis of the internal anti-fraud system, anti-money laundering and counter-terrorist financing system, financial capability assessment system, publicly available data, lists and records, and examines the current status of the Client’s debts to other entities.
4.3. To achieve the objectives described in Section 4.2. above, the Customer’s data will be processed both by PayPo’s internal systems and may be transferred to third parties, a list of which is indicated in the Information Obligation available on the Website.
4.4. A negative assessment of financial capacity makes it impossible to conclude the Agreement.
4.5. The decision to conclude the Agreement is made by automated means without the intervention of a PayPo employee. In the case of a negative decision, the customer has the right to an individual evaluation of the customer’s application by a PayPo employee, writing to bok@paypo.pl.
4.6. If the conclusion of the Contract was denied due to information contained in an external database, PayPo will provide the Customer with free information about the results of this check and indicate the database in which the check was made.
§5. Conclusion and validity of the Agreement
5.1. The conclusion of the Agreement is available only to those customers who have passed the verification of the application.
5.2. Before concluding the Contract, the Customer has the opportunity to read the Terms and Conditions. Regulations are generated on a durable medium in PDF format.
5.3. The Customer expresses his/her willingness to conclude the Agreement after selecting the „Pay with PayPo” option (or similar) and entering a valid SMS verification code (if required) or after confirming the purchase in the PayPo Application.
5.4. Informing the Customer by PayPo, via the Service/Application, that the application for the Contract has been successful shall constitute PayPo’s statement of intent to conclude the Contract and shall constitute the conclusion of the Contract.
5.5. The „Pay for 30 Days” contract is concluded exclusively in electronic form using the Service in accordance with the rules provided for in the Terms and Conditions and meets the requirements of the documentary form as defined in Art. 772 of the Law of April 23, 1964. Civil Code.
5.6. After the conclusion of the Agreement, the following information will be sent to the e-mail address provided by the Customer on a durable medium, the Terms and Conditions in PDF format and the following information:
5.6.1. Agreement number,
5.6.2. order number relating to the purchased Goods,
5.6.3. The price of the Goods, which corresponds to the amount payable to PayPo under the „Pay in 30 Days” Agreement,
5.6.4. Information on the rules for repayment of the above. amounts to PayPo.
5.7. The Terms and Conditions and the information indicated above constitute the content of the „Pay for 30 Days” Agreement between PayPo and the Customer. If the customer does not receive an email from PayPo with the Terms and Conditions, check the spam folder (where unwanted messages fall into) or contact the BOK.
5.8. The customer may withdraw from the „Pay for 30 days” Agreement without giving any reason within 14 days from the conclusion of the „Pay for 30 days” Agreement.
5.9. Withdrawal from the „Pay in 30 days” Agreement to PayPo is not equivalent to withdrawal from the sales contract concluded with the Store. The procedure for withdrawal from the sales contract is regulated by separate regulations of the Stores or by law. Withdrawal from the contract concluded with the stationary store in accordance with the rules of that store can be carried out in particular by returning the funds directly to the customer, including, for example, on a gift card. In this case, withdrawal from the sales contract concluded with the stationary store is not the same as withdrawal from the „Pay in 30 days” contract.
5.10. In the event of complete withdrawal from the „Pay in 30 Days” Agreement with PayPo, the Agreement is considered not concluded and the Customer is released from all obligations to PayPo. What the parties have rendered shall be returned, and the Customer shall refund the Price of the Goods paid by PayPo directly to the Store within 30 days after PayPo receives the Customer’s statement of withdrawal from the Contract. Refunds must be made to the PayPo bank account indicated in the email received by the Customer. In case of effective partial cancellation of the „Pay in 30 days” Agreement, the amount of the Price of the Goods is automatically recalculated, and the Customer will receive an e-mail with information about the current amount to be paid.
5.11. Total or partial withdrawal by the Customer from the sales contract concluded with the Store means total or partial (i.e. when returning a part of the Goods to the Store) withdrawal from the „Pay in 30 days” Contract, subject to the provisions of Section 5.10.
5.12. The customer will not incur any costs associated with cancellation of the „Pay in 30 days” Agreement.
5.13. In order to facilitate the Customer’s withdrawal from the „Pay in 30 Days” Agreement, PayPo provides a model withdrawal statement, which is Attachment No. 1 to the Terms and Conditions. The customer may use this formula when withdrawing, but is not obliged to do so.
5.14. The customer may withdraw from the „Pay in 30 days” Agreement by sending a registered letter to PayPo Sp. z o.o., ul. Domaniewska 39, 02-672 Warsaw or by email by sending an email to bok@paypo.pl.
5.15. PayPo may terminate the Agreement with immediate effect in any of the following cases:
5.15.1. The customer is in arrears in repayment of dues under the Agreement for more than 30 days,
5.15.2. the data provided by the customer during the application is false.
5.16. Termination of the Agreement by PayPo for the reasons described in Section 5.15. above shall cause the amount of the Price of the Goods to become immediately due and payable.
5.17. The Pay for 30 Days service is free of charge to the Customer, which means that the Customer is not obliged to pay any costs in connection with it, including interest, fees, commissions, taxes, margins and costs of additional services that would be necessary to use the Pay for 30 Days service or to use this service under certain conditions.
§6. Handling of the Agreement
6.1. The Customer has the right to repay all or part of the Price of the Goods ahead of schedule. PayPo does not charge a commission for early repayment of the Price of the Goods.
6.2. During the term of the Agreement, PayPo will send the Customer email and SMS reminders of payment due dates:
6.2.1. No less than 2 emails before the due date,
6.2.2. No less than 1 SMS before the due date.
6.3. If the customer has not received a payment reminder email from PayPo, check the spam folder or contact the BOK.
6.4. Failure to receive a payment reminder does not relieve the Client from the obligation to timely repay the obligation within 30 days from the date of conclusion of the Agreement and in accordance with the terms described in the Terms and Conditions and in the information provided to the Client referred to in Section 6.2. above.
6.5. As a result of the Customer’s failure to timely repay its obligation to PayPo, PayPo shall have the right:
6.5.1. withhold the Customer’s ability to enter into subsequent contracts,
6.5.2. Start collection activities in particular telephone contact, SMS, e-mail, letter communication,
6.5.3. Refer the case to debt collection companies, leading efforts to recover the debt,
6.5.4. conduct field collection activities or transfer to other providers of the aforementioned services,
6.5.5. pursue claims through litigation and enforcement or a third party,
6.5.6. place data on unpaid obligations in the registers of Business Information Offices,
6.5.7. make a transfer (assignment) of claims to a third party,
6.5.8. Sell the debt through online debt exchanges.
6.6. PayPo may, without the Client’s consent, transfer to a third party/third parties the claim(s) owed to it by the Client under the Contract after the period for which the Contract was concluded.
6.7. The Customer agrees to inform PayPo each time there is a change in his/her personal information by email to bok@paypo.pl or by updating it in the Account/Customer Panel.
§7. Customer's obligations
7.1. The customer agrees to always provide true and up-to-date information and use his own identity. Any use of information that does not belong to the Client or is not otherwise authorized for use will be viewed as abuse.
7.2. The customer agrees to abide by the Terms and Conditions and to repay the obligation on time within 30 days from the conclusion of the Agreement. The customer will receive by email the account number to which repayment should be made.
§8. Terms and conditions for the provision of electronic services
8.1. In the case of the „Pay in 30 days” service implemented in the Stationary Store, it is required to download the Store Application or PayPo Application.
8.2. In order to properly use the Service, the Customer should have a device or software with:
8.2.1. The latest available version of Microsoft Edge, Chrome, Firefox, Opera or Safari web browser,
8.2.2. Cookies and JavaScript enabled,
8.2.3. allowing to receive SMS messages from GSM gateways,
8.2.4. providing access to the Internet and e-mail.
8.3. The customer should also have an active e-mail account and a Polish cell phone number.
8.4. In the course of using the Service, the Customer may have access to documents in PDF format, the opening of which requires an appropriate application, such as the free Adobe® Reader, which can be downloaded from www.adobe.com.
8.5. The data transmitted during the use of the Service is protected through the use of Secure Socket Layer (SSL).
8.6. It is recommended that the device used by the Customer have up-to-date antivirus and firewall software.
8.7. In the event that the Customer uses hardware and software that does not meet the technical requirements specified above, PayPo does not guarantee the correct functioning of the Service and stipulates that this may have a negative impact on the quality of services provided.
8.8. The customer, by closing the browser, can cause the deletion of the data sent to PayPo. All settings affecting the maintenance or cancellation of the session are located in the browser used by the Client.
8.9. PayPo shall have the right to discontinue providing the Service to the Customer with immediate effect if it becomes aware of the Customer’s provision of false information or other actions that will be a violation or attempt to circumvent security procedures, and furthermore if the Customer violates the law or the Terms and Conditions.
8.10. As part of the use of the Service, it is forbidden for the Customer to provide unlawful content that violates the laws of the Republic of Poland or good morals.
8.11. If the Customer uploads or provides PayPo with content, the Customer grants PayPo the right to use and display the content to provide the services.
8.12. PayPo shall have the right to remove any content submitted or made available by the Customer if we are required to do so by law or we consider it to be offensive, inappropriate, unlawful, infringing on the rights of others or otherwise objectionable.
8.13. Although all measures have been taken to secure the data transmitted by the Customer over the Internet, it is not possible to eliminate the specific risks that are associated with the use of electronically provided Services. These threats are, in particular:
8.13.1. The possibility of receiving spam,
8.13.2. The presence and operation of malware, including: computer viruses,
8.13.3. The presence and operation of Internet worms (worms),
8.13.4. The possibility of triggering malicious spyware,
8.13.5. The possibility of being exposed to damaging cracking or phishing (password hunting) activities,
8.13.6. The possibility of others using the ICT system or telecommunications network to introduce illegal devices that give unauthorized access to protected services,
8.13.7. cryptanalysis activities, that is, to find weaknesses in the cryptographic system, and thus make it possible to break or bypass it.
8.14. The threats identified above are potential, albeit real. Protection against threats related to the customer’s use of PayPo services can also be provided:
8.14.1. updating the software on the electronic device that the customer uses to use the services,
8.14.2. Not opening email attachments of unknown origin,
8.14.3. Regular comprehensive scans (reviews) of the system with an antivirus and antimalware program,
8.14.4. Installation of preventive (intrusion detection and prevention) programs,
8.14.5. Using the original system and applications, from a legitimate source,
8.14.6. securing the Client’s e-mail with a strong password, i.e. A long password, using different types of characters (uppercase letters, lowercase letters, numbers, special characters) and unrelated to the Customer’s data (e.g. date of birth, place of residence, first and last name, etc.).
8.15. Any data on misuse or suspected misuse can be recorded and used for future risk assessment and protection of involved parties. PayPo reserves the right to block services from further use.
§9. Complaints
9.1. The customer has the right to file complaints related to „Pay for 30 days” and the Services provided electronically by PayPo:
9.1.1. in writing – by registered mail to the address of PayPo’s registered office or by submitting a written complaint in person at PayPo’s registered office or by sending it to the electronic delivery address AE:PL-48263-64036-THSCJ-22,
9.1.2. in electronic form using electronic means of communication by sending an e-mail to reklamacje@paypo.pl,
9.1.3. verbally – by phone by contacting the BOK or in person during a visit to PayPo headquarters.
9.2. The complaint should include:
9.2.1. Customer’s identifying and contact information,
9.2.2. A description of the problem giving rise to the complaint,
9.2.3. demands in connection with the complaint.
9.3. Complaint submitted in writing should be signed, and when submitting a Complaint in person, orally to the protocol, it should include the Client’s signature under the protocol.
9.4. Complaints will be processed immediately, no later than 15 working days after receipt. To meet the deadline it is sufficient to send a response to the complaint before its expiration.
9.5. In particularly complicated cases, the period for processing a Complaint may be extended to 35 working days from the date of receipt of the Complaint. The customer will be informed of the reason for the delay, the circumstances that need to be established in order to process the case, and the planned date for processing the Complaint and providing a response.
9.6. In the event of failure to meet the deadline set forth in Section 9.4, and in certain cases the deadline set forth in Section 9.5, the complaint shall be deemed to have been processed in accordance with the will of the Customer.
9.7. A response to the complaint will be provided to the customer in writing. At the request of the Client, the answer to the complaint may be delivered by e-mail.
9.8. If the claims arising from the complaint are not accepted, the customer has the right:
9.8.1. requesting a review of the case by the Financial Ombudsman in accordance with the Law of August 5, 2015. On the handling of complaints by financial market entities, the Financial Ombudsman and the Financial Education Fund,
9.8.2. file a lawsuit with the common court, indicating the entity that should be sued and the court with jurisdiction to hear the case.
9.9. The customer has the right to use out-of-court dispute resolution. The authorized entity competent to settle an out-of-court dispute arising from the Agreement between the Customer and PayPo is the Financial Ombudsman. Contact to the Financial Ombudsman and detailed information on the proceedings are available at https://rf.gov.pl/. In order to resolve a dispute between PayPo and a customer, it is also possible to use the online platform ODR (Online Dispute Resolution/Internet Dispute Resolution), available at: http://ec.europa.eu/odr/.
9.10. The competent authority in matters of consumer protection is the President of the Office of Competition and Consumer Protection. In individual cases, consumers can obtain free legal assistance from city or county consumer ombudsmen.
§10. Data protection
10.1. The administrator of the customer’s personal data (hereinafter: „Administrator”) is PayPo.
10.2. The Client’s personal data will be processed for the purpose of concluding and performing the Agreement, fulfilling the Administrator’s legal obligation, realizing the Administrator’s legitimate interests (prevention of fraud, investigation of possible claims, marketing activities, analysis and statistics).
10.3. The customer has the right to: access to the content, change/update, rectification, limitation of processing, portability, request for deletion of personal data (the Administrator will consider them if it no longer has any other legal basis for processing, if they are no longer necessary for the purpose for which they were collected, in the event that the Customer successfully lodges an objection when the Customer’s personal data was processed unlawfully or when the obligation to delete is imposed on the Administrator by law), to appeal against a decision made on the basis of automated processing of personal data, as well as to object, on grounds related to his/her particular situation, to the processing of personal data (including profiling) based on the legitimate interest of the Administrator, and to lodge a complaint to the supervisory authority – the President of the Office for Personal Data Protection, if he/she considers that his/her personal data is processed by the Administrator unlawfully.
10.4. Full information on the processing of the customer’s personal data can be found at www.paypo.pl under „Information on the processing of personal data”, „If you have used the „Pay for 30 days” service” and in the Privacy and Cookies Policy.
10.5. The Store may provide PayPo with the Customer’s identification, address, contact information and order information prior to submitting the Contract application.
§11. FINAL PROVISIONS
11.1. The „Pay for 30 days” contract is concluded for a fixed period of time and terminates when the Customer’s obligation to PayPo is paid in full.
11.2. Upon the Customer’s request to the BOK, PayPo will send the Terms and Conditions in the form of a durable data carrier (in pdf format) to the e-mail address indicated by the Customer.
11.3. Disputes that have not been resolved amicably shall be settled by a common court of competent jurisdiction.
11.4. PayPo may, without the Client’s consent, transfer to a third party(ies) the claim(s) owed to it by the Client under the Agreement both during the term of the Agreement and after the term for which the Agreement was concluded, and is not required to inform the Client of the transfer made.
11.5. To the Regulations, as well as in matters not regulated by the Regulations, the provisions of Polish law shall apply.
Attachments
1. model declaration of withdrawal from the Agreement (
download attachment
)