E-Wallet Terms
The company under the name “COSMOTE Payments – ELECTRONIC MONEY SERVICES SINGLE MEMBER S.A. (hereinafter “COSMOTE Payments”) with TIN: 800995166/ Athens Tax Office for Commercial Companies, which has its registered office in Maroussi, Attica, 99 Kifissias Avenue, with GCR number 146551801000, is a lawfully authorized Electronic Money Institution (“EMI”) by the Bank of Greece (“BoG”), pursuant to the provisions of Law 4021/2011, of Law 4537/2018 and of the Executive Committee Act 164/2/13.12.2019 of BoG, as in force, with EMI registration number of BoG 3, for the provision of electronic money services and payment services. These services shall be provided according to the terms and conditions included herein, as well as according to those to which they may refer, constituting the Framework Agreement for the provision of electronic money and payment services between COSMOTE Payments and the User (hereinafter
“Terms”).
The address of the offices and the contact details (physical and on-line) of COSMOTE Payments are published at cosmotepayments.gr .
COSMOTE Payments is supervised by the Bank of Greece, which has its registered office at 21 El. Venizelou Street, Athens, 10250 and the website www.bankofgreece.gr, and by the Secretariat-General of Commerce and Consumer Protection (Kaningos Square, Athens 10181 and e-mail: 1520@mindev.gov.gr of the Ministry of Development and Investments, in particular regarding issues related to the protection of consumer – payment services user according to Law 2251/1994 and Law 4537/2018.
I. GENERAL TERMS
These General Terms shall govern the relationships of any User with COSMOTE Payments. More specific and/or supplementary terms to these may apply depending on the type of the Service, the category to which the User belongs (natural/legal person, Consumer/Micro-Enterprise, or Professional User) and the respective Transaction. In addition, there are specific terms governing the individual procedures applied for the provision of the Services. Where in these Terms reference is made to more specific or supplementary terms, the respective link shall be provided. These terms have been drawn up in Greek. However, the communication of the User with COSMOTE PAYMENTS can be conducted either in German or in English.
In case of conflict of the Terms hereof with the translated text in English or in another language, the Greek version shall prevail.
1. DEFINITIONS
For the purpose of the Terms, the following words and phrases shall have the
meaning attributed to them here.
ACCEPTANCE OF PAYMENT ACTS: Payment service of COSMOTE
PAYMENTS to the User as beneficiary, for the acceptance and processing of
payment acts, which ends to the transfer of amounts to the User’s E-Wallet.
ACCOUNT INFORMATION SERVICE: The online Service for the
provision of aggregated information in relation to one or more payment
accounts held by the User either in another payment service provider or in
more than one payment service providers.
ACCOUNT INFORMATION SERVICE PROVIDER: The payment service
provider providing payment account information services.
AUTHENTICATED PAYMENT CARD: The active prepaid and debit
payment card, issued by a recognized entity of the financial system in
cooperation with the card organizations (indicatively VISA &
MASTERCARD), the User of which has been authenticated as legal beneficiary
and holder according to the process provided for in the Terms.
AUTHENTICATION: The process followed by COSMOTE PAYMENTS
for the verification of the identity of the User or the validity of use of a
specific payment instrument, including the use of personalized security
credentials of the User.
AVAILABLE BALANCE: The electronic money amount that remains
credited to E-Wallet, which is available for the execution of payment acts,
as well as Payment and Redemption Transactions.
BALANCE: The total of electronic money that remains
credited in E-Wallet, which in addition to the Available Balance includes
the total of Pending Transactions, Committed Amounts and any non-settled
debits and credits for any reason.
BENEFICIARY: The natural or legal person who is the final
recipient of the amounts that are subject of a payment act.
BUSINESS DAY: The day on which COSMOTE PAYMENTS or any
third payment service provider that participates in the execution of a
payment act performs business activities, as required for the execution of
the payment act. Business days for COSMOTE PAYMENTS are considered the
working days of the Greek state.
CASH-IN TRANSACTION: A transaction that aims to the issue
of electronic money by COSMOTE PAYMENTS through payment to COSMOTE PAYMENTS
of a monetary equivalent and, consequently, its credit to E-Wallet.
COLLECTION TRANSACTION: A transaction attempted and/or
executed through E-Wallet, COSMOTE PAYMENTS Payment Instruments and/or other
Payment Instruments, in which electronic money of equivalent monetary value
to the amount of the respective payment order of the payer to the User for
lawful cause, as specified by COSMOTE PAYMENTS, is credited to the User’s
E-Wallet.
COMMITTED AMOUNT: Any amount of electronic money which is
credited to the User’s E-Wallet and which is committed at the initiative of
COSMOTE PAYMENTS for reasons of assurance of the same and/or of third
recipients or providers of payment services (e.g. challenge of transaction,
pending Verification and Authentication process) to which the User does not
have access and cannot be used by the User in their transactions until its
release.
COMMITMENT OF TRANSACTION: The non-credit of the amount of
a Transaction/Payment Act to the beneficiary within the deadline provided
for in the Terms, which is made due to (a) challenge of such transaction
and/or (b) investigation of the Transaction by COSMOTE PAYMENTS and/or by
Entities cooperating with it or competent third parties for any reason
and/or (c) a pending process for the certification of the payer’s or the
beneficiary’s identity, and for as long as the above circumstances exist.
CONSUMER: The natural person, who, regarding this
agreement, does not act for commercial, business, or professional purposes.
Micro-enterprises, as defined below, also fall within the meaning of
Consumer.
COSMOTE PAYMENTS AGENTS: The natural or legal persons that
provide Services in the name of COSMOTE PAYMENTS and the activity of
whom/which has been duly authorized and registered by the competent
supervisory authority.
A detailed list of COSMOTE PAYMENTS agents is published on
cosmotepayments.gr
.
COSMOTE PAYMENTS PAYMENT INSTRUMENT: The payment instrument
as defined in Law 4537/2018, as in force, which is issued by COSMOTE
PAYMENTS and may be integrated in an electronic, digital, paper, or magnetic
medium or be virtual (indicatively and not restrictively debit/prepaid
COSMOTE PAYMENTS cards).
DIRECT DEBIT: The payment service by which the User’s
E-Wallet is debited, when the initiation of a payment act is conducted by
the beneficiary based on the consent of the User to the beneficiary, the
service provider of the beneficiary or COSMOTE PAYMENTS, as payment service
provider of the User.
DURABLE MEDIUM: The medium that enables the payment service
user to store the information addressed to them personally, in a manner that
they continue to have access to it in the future for an adequate period for
the purposes served by the information and to reproduce the stored
information as such.
E-WALLET: The respective payment account (within the
meaning of Law 4537/2018, as in force from time to time) held by COSMOTE
Payments in the name of the User, in which electronic money is saved and
which is used for the execution of payment acts with equivalent debit and
credit thereof.
GROUP: The total of undertakings affiliated to each other
within the meaning of paragraphs 1, 2 or 7 of Article 32 of Law 4308/2014
(GG A 251) or undertakings, as defined in Articles 4, 5, 6 and 7 of the
Commission Delegated Regulation (EU) No 241/2014 (OJ L 74), which are
affiliated to each other according to the meaning of Article 10(1) or
Article 113(6) or 113(7) of Regulation (EU) No 575/2013.
ISSUE OF ELECTRONIC MONEY: Any monetary value stored in
electronic, including magnetic, carrying medium, which appears as claim
against COSMOTE PAYMENTS, which has been issued following the receipt of an
amount for the purpose of conduct of payment acts and is accepted by other
natural or legal persons beyond COSMOTE PAYMENTS.
ISSUE OF PAYMENT INSTRUMENTS : Payment
service of COSMOTE PAYMENTS to the User as Payer which is provided pursuant
to a special agreement between them for the provision to the User as payer
of a COSMOTE PAYMENTS payment instrument.
MICRO-ENTERPRISE: The enterprise which, upon the acceptance
hereof, falls within the meaning of Article 2 par. 9 of Law 2251/1994. The
terms of this Framework Agreement shall also apply to micro-enterprises,
except for the cases which are explicitly excluded.
PAYER: The natural or legal person who holds a payment
account and allows a payment order from this account or, if there is no
account, the natural or legal person that gives a payment order.
PAYMENT ACCOUNT: The account held in the name of the User
of payment services and used for the execution by them of payment acts.
PAYMENT ACT: Act, the initiation of which is conducted by
the payer or on their behalf or by the beneficiary and consists of the
disposal, transfer, or withdrawal of amounts, regardless of any underlying
obligation/cause between the payer and the beneficiary.
PAYMENT CARD INDUSTRY DATA SECURITY STANDARD or PCI-DSS STANDARD:
The global information security standard as determined by the Payment Card
Industry Security Standards Council, with the purpose of restriction of the
possibility of endangering or fraudulent use of payment cards and of their
holders. It is applied to all organizations that store, process, and
transmit data of card holders.
PAYMENT INITIATION SERVICE: The service for the initiation
of a payment order upon request of the User in relation to a payment account
held in another payment service provider.
PAYMENT INITIATION SERVICE PROVIDER: The payment service
provider providing payment initiation services.
PAYMENT ORDER: Any instruction on behalf of the payer or
the beneficiary to COSMOTE PAYMENTS by which the execution of a payment act
is requested.
PAYMENT SERVICES: These are the following business
activities:
1) Services enabling deposits of cash to a payment account, as well as
all activities required for holding a payment account;
2) Services enabling withdrawals of cash from a payment account, as well
as all activities required for holding a payment account;
3) Execution of payment acts, including the transfer of funds to a
payment account of the User held in COSMOTE PAYMENTS or in other payment
service provider;
I. execution of direct debit orders, including one-off direct debit;
II. execution of payment acts with payment card or corresponding
instrument;
III. execution of credit transfer, including standing orders;
4) Issue of payment instruments and/or acceptance of payment acts;
5) Remittance services;
6) Payment initiation services;
7) Account information services.
PAYMENT TRANSACTION: A transaction attempted and/or
executed through E-Wallet and/or the COSMOTE PAYMENTS Payment Instruments
and/or other Payment Instruments in the context of which the User, as payer,
pays an amount to a beneficiary, regardless of the underlying cause, through
equivalent debit to the Available Balance of the User’s E-Wallet.
PENDING TRANSACTION: Any Transaction the completion of
which is pending.
PERSONAL DATA: As defined according to Regulation (EU)
2016/679 of the European Parliament and of the Council, of 27 April 2016, on
the protection of natural persons regarding the processing of personal data
and on the free movement of such data, and repealing Directive 95/46/EC, as
in force.
PERSONALISED SECURITY CREDENTIALS: The personalized details
provided by COSMOTE PAYMENTS to the User with the purpose of verification of
their identity.
PROFESSIONAL USER: The User, natural or legal person, that
uses the Services for the execution of Transactions that fall within its
professional capacity and does not fall within the definition of
micro-enterprise of Article 2 par. 9 of Law 2251/1994.
REDEMPTION TRANSACTION: A transaction attempted and/or
executed by the User with the purpose of redemption of part or all the
electronic money which is credited as Available Balance to E-Wallet through
the collection of the corresponding amount and the corresponding reduction
of the Available Amount.
REIMBURSEMENT BY A USER: Any request by any third payer for
reimbursement to them of an amount paid to the User within a Collection
Transaction.
REIMBURSEMENT TO A USER: Any request of a User for
reimbursement of electronic money paid by them within a Payment
Transaction/payment act in their capacity as payer to a third party.
REMITTANCE SERVICE: The Payment Service upon which an
amount is received by a payer, without a payment account being created in
the name of the payer or the beneficiary, with sole purpose the transfer of
a corresponding amount to a Beneficiary or another payment service provider
acting on behalf of the beneficiary and/or upon which these amounts are
received on behalf of the beneficiary and made available to them.
REMOTE PAYMENT ACT: Payment Act, the initiation of which is
conducted through the Internet or through a device that may be used for
remote communication.
REPEATED TRANSACTION ORDER: The order that may be given by
the User to COSMOTE PAYMENTS authorizing it to proceed repeatedly to
specific transactions which they have pre-approved regarding their amount
and/or type and/or regularity.
SERVICES: The services of issue and redemption of
electronic money provided by COSMOTE PAYMENTS to the Users, as determined
and notified from time to time by COSMOTE PAYMENTS.
STRONG USER AUTHENTICATION: The authentication of the User
based on the use of two (2) or more details concerning knowledge (detail
that only the User knows), occupation (detail that only the User occupies)
and a unique intrinsic feature thereof (biometric details of the User, that
is, a detail that the User is) and which details are independent from each
other, in the aspect that the violation of one does not endanger the
reliability of the others and the process of which is designed in a way that
confidentiality of authentication data is protected.
For the rest, the definitions indicated for electronic money and payment
services institutions in Law 4021/2011 and Law 4537/2018, as in force from
time to time, shall apply.
USER: The natural (over 18 years old) or legal person (as
legally represented) that registers in and uses the Services as these are
provided from time to time by COSMOTE PAYMENTS, including E-Wallet, under
these Terms, either in the capacity of Payer or in the capacity of
Beneficiary or in both capacities.
VALUE DATE: The reference point of time used by the Payment
Service Provider for the execution of payment acts regarding the movement of
budget balances of the Payment Account.
VERIFICATION: The process of certification of authenticated
information provided by the User.
2. SCOPE AND PURPOSE
Scope of the Terms is the regulation of the relationships between the Users and COSMOTE PAYMENTS regarding the provision and receipt of the Services.
3. GENERAL CONDITIONS FOR THE PROVISION OF SERVICE
This Agreement shall apply to Payment Acts or Services provided in Europe .
Condition for the provision of any Service by COSMOTE PAYMENTS shall be the
completion of registration of the User and opening of E-Wallet. The
conditions and the procedure of registration, opening and activation of
E-Wallet, which are indicated on the respective application for mobile
phones through which E-Wallet will be provided (hereinafter “Application”)
and differentiated depending on the value and categories of Transactions
that the User wishes to conduct.
3.2 Conditions and Terms of Registration:
3.2.1 The registration of every User shall be made electronically through
the Application through systemic guidance of the User depending on the
category they belong and the type of Services they intent to receive.
3.2.2 Every Payment Service User entitled to use the payment instrument
must use the payment instrument according to the terms governing its issue
and use.
3.2.3 Every User shall declare and register electronically the details
systemically required for the completion of their registration and shall
accept the Terms, after they read them carefully and understand them. Every
User is recommended to print and/or store the Terms accepted by them on a
durable in time medium. Condition for the registration is full legal
capacity. The User, during this agreement, shall be entitled to request from
COSMOTE PAYMENTS to receive these Terms in paper or on a durable medium.
3.2.4 In addition, every User must register:
a) The e-mail address legally obtained by them, for which they declare and
guarantee that they are the legal user thereof and that they will take all
appropriate measures to prevent any unauthorized access and use thereof,
while they acknowledge and accept that any communication using this e-mail
address is presumed to originate from, be addressed to and received by them.
b) The mobile phone connection number of which they are subscriber or
holder, for which they declare and guarantee that they are the subscriber
or/and legal user thereof and that the mobile phone connection number is
identified in their name as subscriber or legal user and that COSMOTE
PAYMENTS shall bear no liability for any damage from any access of third
parties to it.
c) Access code (hereinafter “password”) to their E-Wallet, formed by them
following the systematic guidance of COSMOTE PAYMENTS, for which they
declare that they will keep it secret and will not reveal it, and they will
take all appropriate measures to prevent its leakage to third parties,
including the change thereof at regular intervals for security reasons, as
well as in case they suspect or become aware of leakage thereof.
3.2.5 The User shall declare that all details submitted and disclosed to
COSMOTE PAYMENTS are accurate and true and shall be obliged to promptly
inform COSMOTE PAYMENTS, in writing or electronically through the
Application, of any change in their declared details.
COSMOTE PAYMENTS will never and in no way request from the User (by phone or
e-mail) to disclose to it their E-Wallet password. Any communication (by
phone or e-mail) by which the disclosure of their E-Wallet password is
requested from the User shall be considered suspicious and must be treated
as such by the User. If the User discloses to any third person their e-mail
and E-Wallet password, then the User shall also bear the liability for the
consequences from unauthorized access and use, such as, indicatively, access
of the third person to the available balance of their E-Wallet for the
conduct of transactions, access to history of transactions and
authentication details, change of the User’s personal details, the User’s
blocking, for the conduct of transactions through this account and others.
If the User suspects that their authentication details (e.g. password,
e-mail) have been intercepted or disclosed in any way to a third party, they
must change them and promptly notify COSMOTE PAYMENTS at the contact details
notified on its website cosmotepayments.gr.
COSMOTE PAYMENTS may request the registration of additional details from any
User in the context of Verification – Authentication process, depending on
the category they belong, the type and/or the amount of Transactions they
conduct, but also based on other criteria that may be developed by it as the
case may be.
In any case the User shall be obliged to take appropriate measures so that
the equipment they use in the context of these terms (e.g. mobile phone) is
equipped with appropriate special security programs (such as, for example,
antivirus program) to avoid and counteract infections from malicious
software.
4. AUTHENTICATION – VERIFICATION
COSMOTE PAYMENTS reserves the right to confirm the truth and accuracy of the
details registered by the User and apply at any time User Authentication –
Verification processes with the purpose of confirming the User’s identity.
4.2 Verification and Authentication rules and procedures applied shall be
designed, selected, and implemented based on the following criteria:
a) the type of the User and/or
b) the type of Transactions conducted by them and/or
c) the amount of Transactions conducted by them.
4.3 The implementation of Authentication – Verification processes aims to
ensuring conduct of transactions with security, to preventing and combating
fraud and money laundering and terrorist financing (“AML/CFT”). For this
reason, Authentication – Verification processes and the policies applied by
COSMOTE PAYMENTS for this purpose shall be designed and updated according to
the obligations of compliance of COSMOTE PAYMENTS with the applicable
legislation on AML/CFT. The respective User shall be systemically guided
regarding the User Authentication and Verification process they must follow
depending on those set out above under Clause 4.2.
4.4 COSMOTE PAYMENTS reserves the right to request from any User details
and information concerning them or the person they represent, in
Transactions conducted using the Services, as well as third persons
participating or involved in these Transactions, pursuant to its policies
and processes and/or individual measures taken by it for the verification
and authentication of its Users, and in particular in compliance with the
applicable legislation on prevention and combating money laundering from
criminal activities and terrorist financing (“AML/CFT”).
4.5 COSMOTE PAYMENTS reserves the right to request from any User, and
they must comply, to proceed to the execution of actions that may involve
third parties with the purpose of verification of the details registered by
them and their authentication.
4.6 COSMOTE PAYMENTS shall apply User Verification and Authentication
processes with which the User must comply as systemically notified to them
by COSMOTE PAYMENTS. COSMOTE PAYMENTS reserves the right to unilaterally
revise the applicable policies and processes and the individual actions
included in them and apply individual actions as the case may be and at its
discretion for the fulfilment of their purpose, as provided for in Clause
4.3.
4.7 The Users must provide and register true, accurate, adequate, and
valid details and documentation material and must proceed to any
Verification and Authentication action indicated to them, promptly and as
soon as it is requested by COSMOTE PAYMENTS. The Users recognise and accept
that omission or failure to fully comply with the COSMOTE PAYMENTS
requirements in the context of Verification and Authentication processes and
actions may result, at the absolute discretion of COSMOTE PAYMENTS, to
unilateral suspension of the provision of Services, the commitment of the
E-Wallet Available Balance and/or termination hereof, without penalty, for
good reason.
4.8 COSMOTE PAYMENTS shall apply Strong User Authentication in all cases
where the User:
a) has online access to E-Wallet,
b) commences an electronic payment act,
c) executes any action through a remote channel which may constitute a
risk of fraud in payments or other violations.
4.9 In particular in cases 4.8.(b) and 4.8.(c) above, COSMOTE PAYMENTS
shall apply Strong User Authentication which shall include details
dynamically connecting the transaction with a specific amount and a specific
beneficiary. COSMOTE PAYMENTS shall apply appropriate security measures for
the protection of confidentiality and integrity of personalized security
credentials of the Users. The provisions of this paragraph shall also apply
in the case where the initiation of payments is conducted through a payment
initiation service provider.
The provisions of Clauses 4.8. and of the second subparagraph of Clause 4.9.
shall also apply when information is requested through an account
information service provider. COSMOTE PAYMENTS shall allow payment
initiation service providers and account information service providers to
rely on the authentication processes that COSMOTE PAYMENTS provides for the
Users according to paragraphs 4.8. and 4.9 above.
5. FEES – BALANCES – DATES
5.1. Fees – Charges
5.1.1 The applicable fees (tariff) of COSMOTE PAYMENTS provided services
shall be published periodically on the website (cosmotepayments.gr).
5.1.2 The amendment of fees falls within the provisions of Clause 11 on
the amendment to the agreement.
5.1.3 The COSMOTE PAYMENTS fees for the provision of Services to the Users
shall become due at the time of provision of the Service they concern.
5.1.4 Any Reimbursement amount from a User shall become due and payable as
soon as the Reimbursement request is notified to the User by COSMOTE
PAYMENTS, subject to the provisions on Amount Commitment, which may suspend
collection at the discretion of COSMOTE PAYMENTS.
5.1.5 COSMOTE PAYMENTS shall collect the amounts due to it as soon as they
become due by direct debit and corresponding reduction of the E-Wallet
Available Balance of the User, without any notice being required in this
regard. Upon acceptance of the Terms, the User explicitly and unreservedly
authorizes COSMOTE PAYMENTS for their collection through equivalent debit of
the User’s E-Wallet. COSMOTE PAYMENTS fees due debited to E-Wallet but not
collected due to insufficient Available Balance shall be collected as a
matter of priority towards any other fee as soon as and to the extent the
Available Balance becomes sufficient.
5.1.6 Users recognise and unreservedly accept that the indication of the
amount due to COSMOTE PAYMENTS in the COSMOTE PAYMENTS accounting statements
and/or the updated accounting indication of movements and the E-Wallet
Available Balance issued by COSMOTE PAYMENTS shall constitute full proof of
the amount due from the respective User to COSMOTE PAYMENTS and vice versa,
and shall not be subject to challenge, able to document full proof of the
claim, adequately fulfilling the conditions for the issue of order of
payment for their collection and the obligations of compliance of COSMOTE
PAYMENTS as a duly authorized Electronic Money Institution.
5.2 Balances
5.2.1 The E-Wallet Balance of each User shall be formed based on the
debits and credits conducted and on whether they have been completed or
their completion is pending.
5.2.2 The E-Wallet Balance in electronic money may include amounts that
correspond to payment acts analysed in Payment, Collection, Cash-in or
Redemption Transactions that have not been settled or completed.
5.2.3 Users recognize and unreservedly accept that only electronic money
corresponding to the Available Balance may be used for the conduct of any
Transaction that requires debit of the User and/or redeemed.
5.2.4 Any payment order of the User through E-Wallet, for the completion of
which the Available Balance of such account is not sufficient, shall not be
executed and shall remain a Pending Transaction.
5.3 Consent – Time of receipt – Execution of payment orders &
irrevocable orders
5.3.1 Prior to the execution of a payment act, the User shall provide
their consent through the Application. During the process of provision of
consent, the User shall be requested to provide the personalized security
credentials they have selected to use through the Application (unique
password, biometric details), in order to be fully authenticated. The
consent for the execution of a payment act may also be granted through a
payment initiation service provider or through the beneficiary.
5.3.2 A payment order of the User shall be given to COSMOTE PAYMENTS in
direct on-line connection through the User’s Application to which they shall
enter using the password according to Clause 3.2.4 (c)
5.3.3 A payment order given for execution within one day either by the
User themselves as payer or by the beneficiary shall be considered having
been received by COSMOTE PAYMENTS immediately at the time given by the User
with simultaneous debit of the User’s E-Wallet with the amount of the
payment order, and shall be executed within the same or at the latest until
the end of the following business day, with equivalent credit of the
beneficiary’s account. COSMOTE PAYMENTS determines as cut-off time for the
settlement of transactions, from all flows that will be supported by virtue
of such agreement, 00:00 p.m. (East European Time EET / Greek time). Each
received payment order after the elapse of the abovementioned time shall be
considered as received on the next business day. If it has been agreed that
the execution of payment order shall start on a specific day or at the end
of a specific period or on the day that the payer will have made available
amounts to their payment service provider, then the agreed specific day
shall be considered as time of receipt of the payment order for payment acts
to a payment account. If this day is not a business day for COSMOTE
PAYMENTS, the payment order received shall be considered as received on the
next business day.
5.3.4 The User shall not be entitled to revoke a payment order that has
been received by COSMOTE PAYMENTS according to the above, unless the debit
has been agreed to be completed on a specific day, in which case the User
shall be entitled to revoke the order at the latest until the end of the
business day preceding such agreed day.
5.3.5 When the initiation of a payment act is conducted by a payment
initiation service provider or by the beneficiary or through them, the payer
shall not be able to revoke the payment order after the granting of their
consent to the payment initiation service provider to conduct the initiation
of the payment act or after their consent to the execution of the payment
act to the beneficiary.
5.3.6 The User shall be entitled to revoke the direct debit order until
the end of the business day preceding the day on which it has been agreed
between them and the beneficiary to debit E-Wallet. If such deadline
elapses, it shall be assumed that the User has approved the execution of the
direct debit payment act.
The revocation of the credit transfer order shall be made in the same way as
the payment order, but shall be subject to the following restrictions:
The order shall be irrevocable after its receipt by COSMOTE PAYMENTS, unless
the following apply:
a) If COSMOTE PAYMENTS has not executed the order, it can be revoked.
b) If COSMOTE PAYMENTS has executed the order, it must contact either the
beneficiary in order to receive the consent, if it concerns a payment to it,
or, otherwise, the other payment service provider. If the other part agrees,
the initial act can be cancelled through the execution of a payment
reversal. The cancellation may, in this case, create additional expenses of
COSMOTE PAYMENTS which must be incurred by the user, and which are
determined each time on the posted tariff of COSMOTE PAYMENTS and/or of the
other payment service provider.
c) When an initiation of a payment act is conducted by the payment
initiation service provider, the user shall not revoke the payment order
after they have granted their consent to the payment initiation service
provider to conduct the initiation of the payment act. In this case, the
user must follow the procedure of request for revocation.
5.3.7 After the elapse of the above time limits within which a payment
order can be revoked, its revocation by the User shall be allowed only
following a special agreement of COSMOTE PAYMENTS with them (especially in
the cases of direct debit, the agreement of the beneficiary shall also be
required). In these cases, the User shall bear the revocation cost as
provided for in the Tariff of COSMOTE PAYMENTS.
5.3.8 The credits of E-Wallet regarding the Cash-in Transactions shall be
conducted in real time to the extent that this depends exclusively on
COSMOTE PAYMENTS, and no further deadline is required by a third payment
service or support service provider for the completion of the Transaction.
5.3.9 Value date:
a) The value date for the debit of the User’s E-Wallet when acting as
payer may not be prior to the time on which such account is debited with the
equivalent amount of the payment act.
b) The value date for the credit of the User’s E-Wallet shall be at the
latest the business day on which the equivalent amount of the payment act is
credited to E-Wallet.
5.4 Commitment of amounts: COSMOTE PAYMENTS shall be entitled to commit
any amount credited to E-Wallet and not make it part of the Available
Balance in the case where:
a) non-settled Debits of E-Wallet or Reimbursements by the User are
pending and, in general, the amount corresponds to a Pending Transaction.
b) a breach by the User of the Terms or the instructions of COSMOTE
PAYMENTS is assumed or committed and for as long as this is investigated,
always according with the applicable legislation;
c) it corresponds to Transactions that are under Transaction Commitment
status;
d) the completion of User Verification – Authentication according to
Article 4 above is pending.
6. CONSUMER PROTECTION
6.1 To the extent that the Services provided are addressed to
Consumers/Micro-Enterprises, the provisions of the applicable legislation on
consumer protection shall apply.
6.2 Consumers have the right to withdraw from this contract without
reason within fourteen (14) calendar days from the conclusion of this
contract and the acceptance of the Terms. Withdrawal is not possible if the
performance of the contract has been fully completed at the request of the
Consumer. In any case, if the Consumer withdraws, he must pay the charges of
COSMOTE PAYMENTS corresponding to the Services received in the context of
this (a sample of the withdrawal form can be found in APPENDIX A hereof).
After completing the form, please send it to the email address
complaints@cosmotepayments.gr
.
6.3 Regarding the right of information of the User in their capacity as
Consumer, the relevant provisions are included in Clause 7 on information of
Users by COSMOTE PAYMENTS.
7. INFORMATION – NOTIFICATIONS
7.1 The Users are recommended to read carefully all information included
on the website of COSMOTE PAYMENTS, as well as the Terms, including the
information to which they refer prior to their acceptance. For any
clarification regarding the Terms and the Services, the Users can contact
the competent department of COSMOTE PAYMENTS at the contact details notified
on the Website (cosmotepayments.gr).
7.2 For all the above cases of contact provided for by the terms hereof,
COSMOTE PAYMENTS shall validly notify the User at the postal or electronic
address they have declared to COSMOTE PAYMENTS or through the Application,
and if the User does not prove, by a document of a certain date, any change
of address.
7.3 In case of change of contact details, as well as of any other detail
they have registered in COSMOTE PAYMENTS, the User must correspondingly
adjust their profile by being systemically guided by COSMOTE PAYMENTS
regarding the required actions. In case of change of the User profile,
COSMOTE PAYMENTS may request the verification and/or authentication of the
changed details following the Verification and Authentication process.
7.4 COSMOTE PAYMENTS shall provide to the Users any information they
request regarding COSMOTE PAYMENTS, its activity as supervised Electronic
Money and Payment Services Institution, the Services, and the individual
details thereof. In case the requested information is published, the
obligation of information may also be fulfilled by reference of the
applicant to the published details. In any case, information shall be
conducted through e-mail and/or the website of COSMOTE PAYMENTS.
7.5 The following actions/the provision of information concerning the
following shall be provided free of charge to the Users:
a) the general information of the User prior to the signing/acceptance of
the Framework Agreement;
b) COSMOTE PAYMENTS provides the following: the terms of use of the
Services, the charges and the exchange rates, contact details, the terms of
reimbursement of amounts, the amendment and termination of the Framework
Agreement;
c) information provided prior to or after the execution of individual
payment acts to Payers and Beneficiaries.
For the service of requests for the provision of additional information, in
addition to those provided for above, or of requests for the provision of
information by other means, other than print or durable medium, as indicated
in Clauses 7.7.1. & 7.7.2, COSMOTE PAYMENTS may impose a charge. In any
case, any additional charge will be reasonable and proportionate to the
actual cost of service of the request and will be notified in advance to the
User.
7.6 COSMOTE PAYMENTS shall provide the Users with information, in print
form or on durable medium, required for the cross-checking of the E-Wallet
debits and credits and the conduct of Transactions through it and other
payment instruments issued by the company connected with it, at least once
(1) quarterly.
7.7 Specifically, COSMOTE PAYMENTS must at least provide the Users with
the following information:
7.7.1 Immediately after the receipt of the payment order, COSMOTE PAYMENTS
shall provide or make available to the payer, in print form or on durable
medium, the following information regarding the services provided by COSMOTE
PAYMENTS:
a) the reference details that enable the identification of the payment act
by the payer and, as the case may be, the information concerning the
beneficiary;
b) the amount of the payment act in the currency used in the payment
order;
c) the amount of any charges for the payment act, which must be paid by
the payer and, as the case may be, the analysis of the amounts of such
charges;
d) as the case may be, the exchange rate used in the payment act by
COSMOTE PAYMENTS;
e) the date of receipt of the payment order.
7.7.2 Immediately after the execution of the payment order, COSMOTE
PAYMENTS shall provide or make available to the beneficiary, in print form
or on durable medium, the following information regarding the services
provided by COSMOTE PAYMENTS:
a) the reference details that enable the identification of the payment act
by the beneficiary and, if needed, the payer, as well as any information
transmitted with the payment act;
b) the amount of the payment act in the currency in which the amounts are
made available to the beneficiary;
c) the amount of any charges for the payment act, which must be paid by
the beneficiary and, as the case may be, the analysis of the amounts of such
charges;
d) as the case may be, the exchange rate used in the payment act by
COSMOTE PAYMENTS and the amount of the payment act prior to the conversion
of the currency;
e) the value date for the credit.
7.8 Following a request by the User, COSMOTE PAYMENTS shall notify the
information of Clause 7.7 above, periodically at least at the end of each
calendar month, through posting on its electronic profile, providing them
with the ability to store them on a resilient in time medium.
7.9 In case COSMOTE PAYMENTS refuses the execution of a Transaction, they
must inform the User of the refusal, as well as, if possible, of the reasons
of the refusal, and of the way of restoration, unless otherwise provided for
by the applicable legislation. COSMOTE PAYMENTS may, at its disposal, impose
a charge for the provision of such information under the condition that the
refusal is objectively justified.
7.10 In addition to any obligations on notification of details and
information, as well as on the notification of changes therein undertaken by
the User, in the framework of Authentication, Verification and Strong User
Authentication, the User must notify COSMOTE PAYMENTS in writing of any
change in any information or detail declared or notified to COSMOTE PAYMENTS
in view and in the framework of receipt of the Services, and especially if
they may affect their provision or receipt. The notification of these
changes will be made through E-Wallet systemically, no later than the
following day from their completion.
7.11 Until the notification of the change to COSMOTE PAYMENTS according to
the above, the User shall have no right to rely on any claim, objection, or
argument towards COSMOTE PAYMENTS that is based on the non-notified change.
7.12 COSMOTE PAYMENTS may proceed to the suspension of the ability to use
the payment instrument, for objectively justified reasons related to the
security of the payment instrument, upon existence of suspicion of
unauthorized or fraudulent use of the payment instrument. In these cases,
COSMOTE PAYMENTS shall inform the User of the ability to use the payment
instrument and of the reasons imposing this action in the agreed manner, if
possible, before the ability of using the payment instrument is suspended,
and at the latest immediately after, unless this information is contrary to
objectively justified security reasons or forbidden by the applicable Union
or national legislation. If the reasons for the suspension of the ability of
using the payment instrument cease to exist, COSMOTE PAYMENTS shall proceed
to either the removal of such suspension or to the replacement of the
existing payment instrument by a new one.
7.13 The User shall be entitled as payer, for the conduct of payment acts,
to use the payment initiation services by payment initiation service
providers. In this case, COSMOTE PAYMENTS (a) shall securely contact the
payment initiation service providers according to Commission Delegated
Regulation (EU) 2018/389 and (b) immediately after the receipt of the
payment order by the payment initiation service provider shall provide and
make available to the latter all information regarding the initiation of the
payment act and all information to which it has access for the execution of
the payment act, (c) shall treat without any discrimination the payment
orders transmitted through the payment initiation service provider, unless
this is justified for objective reasons, especially regarding timing,
prioritization or charges in relation to the payment orders directly
transmitted by the User.
7.14 The User shall be entitled to use the account information services
allowing access to Ε-Wallet information. In this case COSMOTE PAYMENTS (a)
shall securely contact the account information service providers according
to Commission Delegated Regulation (EU) 2018/389 and (b) shall treat without
any discrimination the requests transmitted through the account information
service provider unless this is justified for objective reasons.
7.15 COSMOTE PAYMENTS may refuse to an account information service provider
or a payment initiation service provider access to the User’s E-Wallet, for
objectively justified and duly documented reasons related to unauthorized or
fraudulent access to E-Wallet, including unauthorized or fraudulent
initiation of the payment act, either by the account information service
provider or by the payment initiation service provider. In these cases,
COSMOTE PAYMENTS shall inform the User of the refusal of access to E-Wallet
and of the reasons imposing such action, through the electronic profile of
the account and/or by other appropriate electronic means at its discretion,
if possible, prior to the refusal of access and, at the latest, immediately
after, unless such information is contrary to objectively justified security
reasons or it is forbidden by the applicable European or national
legislation. If the reasons for the refusal cease to exist according to the
above, COSMOTE PAYMENTS shall allow access to E-Wallet. COSMOTE PAYMENTS as
account service payment service provider shall immediately report to the
Bank of Greece the incident related to the account information service
provider or the payment initiation service provider, since its registered
office is in Greece.
8. PERSONAL DATA – PRIVACY
COSMOTE PAYMENTS, for execution purposes shall process, as Controller, the
personal data of the Users in accordance with the applicable European and
national legislative framework from time to time. The respective information
of the users on COSMOTE PAYMENTS Personal Data Protection is available on
its website cosmotepayments.gr.
9. DISPUTE RESOLUTION – GOVERNING LAW
9.1 Unless no binding lawful clauses of Germany and/or binding consumer
laws of the European Union withstand or oppose, these terms and conditions
and all its changes shall be governed by Greek law. Any dispute arising
from this agreement shall be subject to the competent Courts of the User’s
residence or registered office, or where the agreement between the User and
the COSMOTE PAYMENTS has been concluded.
9.2 Without prejudice to the responsibilities of the Bank of Greece, as
determined specifically in Law 4537/2018, ensuring and monitoring effective
compliance of COSMOTE PAYMENTS with the requirements of the applicable
legislation (Law 4537/2018) in the framework hereof shall be conducted by
the competent authority, that is, the Secretariat-General of Commerce and
Consumer Protection of the Ministry of Economy and Development.
9.3 Every User reserves the right to file a complaint to the
Secretariat-General of Commerce and Consumer Protection regarding
allegations on violations hereof by COSMOTE PAYMENTS.
9.4 The User, for any issue or dispute, may refer to COSMOTE PAYMENTS, by
sending an e-mail to the email address
complaints@cosmotepayments.gr
or by filling in the corresponding form, a template of which is available at
the electronic address
cosmotepayments.gr
or by sending a respective letter at the address 99 Kifissias Avenue, 151 24
Maroussi, Attica, Greece. Every User may file a complaint directly to
COSMOTE PAYMENTS, which shall make every effort to respond in paper or
electronic form —depending on the way that the User wishes— to the User
within fifteen (15) business days from the receipt of the complaint. In
exceptional circumstances, if the response cannot be given within the above
deadline, for reasons not due to COSMOTE PAYMENTS, a temporary response
shall be sent to the User clearly indicating the reasons for the delay in
the response to the complaint and determining the deadline within which they
will receive the final response. In any case, the deadline for the receipt
of the definitive answer may not exceed thirty-five (35) business days from
the receipt of the complaint.
9.5 Excluding micro-enterprises, for alternative/out-of-court resolution
of disputes that arise between the User and COSMOTE PAYMENTS regarding the
rights and obligations deriving from these terms and the relevant
legislation, the User may refer to the Independent Authority “Greek
Ombudsman” (postal address 144 Alexandras Avenue, 114 71 Athens, phone +30
210 6460862, +30 210 6460814, +30 210 6460612, +30 210 6460734, +30 210
6460458, central e-mail grammateia@synigoroskatanaloti.gr, website
synigoroskatanaloti.gr/en
), or to the entity of Hellenic Financial Ombudsman (1 Massalias Street, 106
80 Athens, hobis.gr/en/, phone +30 210
3376700) or to the Federal Financial Supervisory Authority (Graurheindorfer
Str. 108, 53117 Bonn, phone +49 228 4108-0, fax +49 228 4108-62299, e-mail
schlichtungsstelle@bafin.de
, website
www.bafin.de
).
The Users can be informed on alternative/out-of-court resolution of disputes
and the entities of Alternative Dispute Resolution (ADR), which are
registered in the ADR Register and to which they can refer to, following the
link Alternative consumer dispute resolution (www.gov.gr/en/)
.
The Users, for any dispute that arises from the online agreement, can use
the Online Dispute Resolution platform of the European Commission which can
be found
here
ec.europa.eu/consumers/odr/main/
.
10. TERM AND TERMINATION
10.1 The term of the agreement is agreed as indefinite with start on the
date of acceptance of the Terms and shall end by termination according to
the terms of this Clause 10.
10.2 Any User or COSMOTE PAYMENTS shall be entitled to terminate in writing
this agreement, without reason, under the condition of prior notice to their
counterparty, on the one hand, the User at least thirty (30) days in
advance, and, on the other hand, COSMOTE PAYMENTS at least two (2) months in
advance, subject to paragraph 10.3. In case of termination on behalf of the
User, the termination hereof shall not entail penalty for the User.
10.3 In case of violation of these Terms or of the applicable legislation
by any User or COSMOTE PAYMENTS, the counterparty of the violating party, as
the case may be, shall be entitled to terminate the agreement. In case of
termination of these terms due to their violation by the User, COSMOTE
PAYMENTS may impose a charge for the closure of the payment account, which
will be determined at cosmotepayments.gr). Correspondingly each of the parties shall be entitled to terminate this
agreement for good reason with immediate effect, that is, without prior
notice being required. Explicitly, but indicatively and not restrictively,
the following are agreed as good reasons that justify termination or
deactivation of E-Wallet according to Clause 10.5, that is, the suspension
of E-Wallet for a period of six (6) months, bankruptcy, placement under
liquidation, placement under special administration and, in general, the
dissolution or cessation of operation of the Business of any of the parties
for any reason, the suspicion of violation by the User of the legislative
and regulatory provisions on prevention and combating money laundering and
terrorist financing, as applicable from time to time. In this case:
10.3.1 The terminating party shall be entitled to set, at its absolute
discretion, a deadline for compliance.
10.3.2 The effects of termination shall occur according to Clause 10.2
above, unless otherwise determined by legislative or regulatory provisions
and/or decisions of competent administrative, judicial, or other
authorities.
10.4 As a result of termination and unless otherwise determined by
legislative or regulatory provisions and/or decision of competent
administrative, judicial, or other authorities:
10.4.1 COSMOTE PAYMENTS shall interrupt the provision of Services to the
User and shall limit access to the information of the User’s profile for
reasons of retrieval of history of movements, without the right to execute
any Transaction except for Redemption Transaction of the Available Balance.
10.4.2 The operation of E-Wallet shall be finally suspended retaining as its
sole operation the ability of redemption of the Available Balance, and after
the redemption of which, it shall be permanently closed.
10.4.3 The User shall not be entitled to use the Services. Their access to
their E-Wallet, as well as its operation shall be limited by COSMOTE
PAYMENTS, which shall systemically inform them, as the case may be,
regarding the permitted actions.
10.4.4 The User:
a) shall cease using any material, digital or electronic, granted to them
in the form of loan, concession of use and, in general, without its
ownership having been transferred to them, for the facilitation of the
execution of transaction, which, in each case, shall be deactivated and must
be returned by them to COSMOTE PAYMENTS;
b) must provide the minimum required access to their facilities and
cooperate with COSMOTE PAYMENTS so that the procedure of termination of
cooperation is completed smoothly;
c) return to COSMOTE PAYMENTS any material that has been delivered to
them, in any form it is integrated (in paper, electronic or magnetic
medium);
d) must cease the use of trademarks and distinctive characteristics of
COSMOTE PAYMENTS and/or of its licensors to the extent that this has been
allowed to them due to the type of Transactions they conducted.
10.4.5 Any Repeated Transaction or credit (e.g. instalments, standing
orders) of E-Wallet and of the Payment Instruments connected with it for
which the User has given a Repeated Transaction Order shall be interrupted
and the User shall be responsible to ensure their timely payment by other
means.
10.5 The electronic money saved in the User’s E-Wallet shall remain valid
without limitation, unless otherwise provided for by legislative and
regulatory provisions and/or decisions of competent administrative,
judicial, or other authorities. If any User has not conducted Transactions
using their E-Wallet for a period of more than twelve (12) months, COSMOTE
PAYMENTS reserves the right to permanently deactivate E-Wallet and any
COSMOTE PAYMENTS payment instruments that may be connected with it. In this
case, but also in the case where after the occurrence of the effects of
termination, the User has not proceeded to redemption of the equivalent
amount of their Available Balance for a period of more than one (1) year
from the termination, COSMOTE PAYMENTS reserves the right to deposit the
equivalent amount of the monetary value of the Available Balance to the
Bank Account that has been communicated to COSMOTE PAYMENTS by the User or
the Authenticated Payment Card.
10.6 In case of occurrence of the effects of termination, the E-Wallet of
the User shall remain partly active until any pending Transactions,
including Reimbursements from and to the User and charges of COSMOTE
PAYMENTS, are settled and paid, unless otherwise provided for by legislative
and regulatory provisions and/or decisions of competent administrative,
judicial, or other authorities. In addition, in case checks, challenges,
demands, or claims of COSMOTE PAYMENTS or third parties are pending against
the User, the User shall remain liable for them after the termination of the
agreement, as well, both during the suspension of operation of the E-Wallet
and after its permanent closure.
11. AMENDMENT TO THE TERMS
11.1 COSMOTE PAYMENTS reserves the right to unilaterally amend the Terms,
including the Charges of the Services. The Users shall have access to the
applicable Terms published on the website of COSMOTE PAYMENTS
cosmotepayments.gr
. The Users are recommended to visit regularly the website where the Terms
are published and get informed.
11.2 The amendment to the Terms shall be notified to the User in print form
or on a durable medium, such as e-mail, notification on their personal
account on the Application.
11.3 Any amendment to the Terms shall apply after two (2) months from its
notification, unless such amendment is made in compliance with provisions of
the applicable legislation, a judicial or administrative decision or
connected with the provision of new services or new abilities of existing
services.
11.4 In case the User does not accept the proposed amendment from time to
time, they may proceed, without penalty, to the termination of the agreement
until the date of application of the amended terms, otherwise it shall be
assumed that they have unreservedly accepted the amended Terms. In this
case, the corresponding Terms on the effects of termination shall apply.
11.5 Changes in exchange rates may be applied immediately and without
notification, if such changes are based on interest rates of reference
exchange rates that have been agreed in the previous general information
and, in any case, if this is specifically provided for in the individual
relative agreements of the User. However, the changes in exchange rates
which are more favourable for the User may be applied without notice.
12. LIABILITY
12.1 Every User shall be liable towards COSMOTE PAYMENTS and towards any
third party, being obliged to relevant compensation for any charge, fines,
fees, reimbursements incurred by COSMOTE PAYMENTS on the occasion of use of
its Services, or non-compliance, violation of the Terms and/or of the
instructions provided systemically or otherwise by COSMOTE PAYMENTS for the
completion of the Services by the User.
12.2 For any amount owed to COSMOTE PAYMENTS by the User for any reason and
on the occasion of this agreement, COSMOTE PAYMENTS shall be entitled to
charge the equivalent amount to the User’s E-Wallet, whenever it becomes payable, reducing correspondingly the Available
Balance.
12.3 In case the Available Balance is not sufficient for the payment of an
amount due to COSMOTE PAYMENTS, the User’s E-Wallet shall be debited
immediately with such amount and as soon as there is an Available Balance,
such amount will be paid preferentially to COSMOTE PAYMENTS towards any
other payment order or debit that may be pending.
12.4 The monetary equivalent amount of the Available Balance, as well as
any amount paid from the User to COSMOTE PAYMENTS as value for the issue of
electronic money shall not constitute deposit or other repayable funds
received from the public according to the meaning of Article 9 of Law
4261/14 (legislation for the access to the activity of credit institutions
and prudential supervision), unless otherwise explicitly set out by the
applicable legislation. In addition, the issue of electronic money itself
shall not constitute acceptance of deposits, money or other repayable funds
and the allocation of interest or other benefit related to the period during
which the User holds electronic money, shall not be allowed.
12.5 COSMOTE PAYMENTS shall bear no liability towards the User, the
respective payer, the holder of Payment Instruments and/or any third party
to the extent that the successful, timely, appropriate transmission of any
details in the framework of a Transaction depends on the good and/or
continuous operation of electronic communication networks and/or
infrastructures and/or applications that belong or are managed by the
electronic communication network and service providers.
12.6 COSMOTE PAYMENTS shall not be liable towards the User if there are
reasons of force majeure or other unusual or unforeseeable circumstances, as
well as in the cases where it is bound by obligations arising from the
applicable European or national legislative framework from time to time.
As force majeure events, as well as unusual and unforeseeable circumstances,
shall be considered all incidents or events that (a) do not fall under the
responsibility of COSMOTE PAYMENTS, (b) cannot be attributed to its fault,
(c) are beyond its control and (d) the consequences could not be avoided
despite its efforts to the opposite. Indicatively, the following events
shall constitute force majeure: War (either declared or not), unrest,
sabotage, acts of terrorism, natural disasters, epidemics, earthquakes,
explosions and fires, embargoes, strikes, acts of Greek, European or other
Authorities.
12.7 COSMOTE PAYMENTS and/or any third party claiming from COSMOTE PAYMENTS
the restoration of any damage or any compensation for any reason which is
due to violation of the User’s obligations arising from these Terms, the
instructions with which they must comply with and govern and apply to the
provided COSMOTE PAYMENTS Services and/or of the applicable legislation that
the Users must comply with, the User, following a written notification by
COSMOTE PAYMENTS, shall be obliged to intervene in any opened trial or
administrative procedure in favour of COSMOTE PAYMENTS, fully undertaking
the liability attributable to them, acting also as procedural guarantor, if
possible according to the applicable legislation, and compensating COSMOTE
PAYMENTS both non-materially and materially for any damage it may have
suffered, including any respective court costs and lawyer's fees.
13. SUSPENSION – SECURITY MEASURES – CORRECTIVE
MEASURES
13.1 COSMOTE PAYMENTS has in place procedures for addressing cases of
suspicion or actual commission of fraud or threat of security in general,
both for individual incidents and for mass cases. It, also, reserves the
right to suspend the operation of E-Wallet, as well as of any other Payment
Instruments that may be connected with it, for reasons of security of their
use and of the Transactions conducted by using them, suspicion of
unauthorized or fraudulent use or in case of suspicion or actual commission
of fraud or finding or reasonable assumption of significant increased risk
of inability of the User to fulfil their obligations or in case of threat to
security or exceeding the credit limit and/or for any other reason that may
be provided for in these Terms. Assessment of these risks shall be conducted
according to the objective judgement of COSMOTE PAYMENTS. In addition and
according to the above procedures, COSMOTE PAYMENTS reserves the right to
suspend the operation of the E-Wallet, as well as of any other Payment
Instruments connected with it, for reasons imposed by provisions of the
respective legislation or in compliance with the requirements of judicial or
other law enforcement public authorities or for reasons determined by
COSMOTE PAYMENTS at its absolute discretion, such as, indicatively and not
restrictively, reasons connected with the trading profile of the customer or
the non-compliance of the latter with the Verification and Authentication
processes set by COSMOTE PAYMENTS based on regulations of the supervisory
bodies on the application of due diligence measures or for reasons of
non-compliance thereof with the instructions set by International Card
organizations. As soon as the reasons for the suspension cease to exist,
COSMOTE PAYMENTS shall proceed to either the removal of suspension or to
replacement of the existing payment instrument with another, informing the
User according to Clause 13.2.
13.2 COSMOTE PAYMENTS, in the above cases and in any other corresponding
case, shall inform the User through the electronic profile of the User on
E-Wallet and/or by any other appropriate electronic means (e.g. by e-mail,
by phone, etc.) according to its judgement and, if possible, prior to the
application of the suspension, otherwise, at the latest, immediately after
its application, unless such information is contrary to objectively
justified security reasons or forbidden by the applicable legislation. As
soon as the reasons for suspension cease to exist, the suspension shall be
removed, otherwise the Payment Instrument shall be replaced by another new
one.
13.3 Further suspension cases are provided for in Clause 10. “TERM AND
TERMINATION”
13.4 In case E-Wallet remains under suspension for a period of six (6)
months, COSMOTE PAYMENTS reserves the right of termination hereof with
immediate effect.
13.5 The User must use the payment instrument according to these terms,
take all necessary measures and keep diligently the payment instruments
provided by COSMOTE PAYMENTS, as well as any reasonable measure for the
safe-keeping of their personalised security credentials and notify COSMOTE
PAYMENTS, without undue delay, as soon as they take notice of theft, loss,
misappropriation, use by a non-beneficiary or unauthorized use of the
Payment Instrument, by contacting immediately or sending a message to
complaints@cosmotepayments.gr
.
13.6 If it is considered appropriate, it may be requested by the User to
recognise/confirm the suspicious transaction. COSMOTE PAYMENTS shall not be
obliged to inform the User prior to the suspension of use of the payment
instrument if the provision of information is contrary to objective security
reasons or is explicitly forbidden by the respective legislation and/or by
instructions of the competent supervisory authorities. In this case, the
User shall be informed immediately after. If COSMOTE PAYMENTS finds that a
more secure means of communication is required, such means shall be notified
on its website
cosmotepayments.gr
and/or by other means (e.g. message during the execution of the
transaction).
14. NOT ACCEPTED TRANSACTIONS – NOT ACCEPTED USERS
COSMOTE PAYMENTS reserves the right to regularly notify transactions or
activities that constitute not accepted transactions and, therefore, may not
be completed using the Services and the payment instruments issued by
COSMOTE PAYMENTS, the website of COSMOTE PAYMENTS and the applications and
systems provided by it for the completion of the Services, as the case may
be from time to time. COSMOTE PAYMENTS reserves the right of unjustified
refusal of an application of registration of a User on its current website
(if any) and/or of unjustified refusal of commencement of provision of its
services based on objective criteria set by it at its absolute discretion.
ΙΙ. TERMS OF ELECTRONIC MONEY AND PAYMENT SERVICES FOR CONSUMERS/MICRO-ENTERPRISES
COSMOTE PAYMENTS shall provide Electronic Money Issuing and Redemption Services and Payment Services using electronic money issued by it and/or other payment instruments issued by it and/or third payment service providers.
1. ELECTRONIC MONEY ISSUING AND REDEMPTION SERVICES
1.1 Issuing Services
1.1.1 COSMOTE PAYMENTS shall proceed to the issuance of electronic money
upon request of the User. The issuance shall be conducted in execution of a
Cash-in Transaction.
1.1.2 Every User can make Cash-in Transactions and credit E-Wallet with
electronic money of equivalent value to the amount paid to COSMOTE PAYMENTS
for this purpose.
1.1.3 The payment of equivalent amount in the framework of the Cash-in
Transaction shall consist of and be conducted:
a) by deposit to COSMOTE PAYMENTS bank account following a specific
procedure indicated to them systemically (e-banking);
b) by debit of an Authenticated Payment Card following the procedure
indicated to them systemically (excluding VISA Payment Cards issued by
institutions in countries subject to economic sanctions or international
surveillance regime or subject to restrictive financial transaction
conditions or considered high risk according to International
Organizations);
1.1.4 As a result of the successful completion of a Cash-in Transaction, the
User’s Ε-Wallet shall be credited with electronic money of equivalent value
to the amount deposited to COSMOTE PAYMENTS for this purpose, which is
issued by COSMOTE PAYMENTS
1.2 Redemption Services
1.2.1 Every User, under the condition of prior authentication thereof
according to the Verification and Authentication Process, may conduct at any
time Redemption Transactions and request and draw part or all the Available
Balance of E-Wallet in the equivalent amount.
1.2.2 The drawing of the electronic money amount requested for redemption
in the framework of a Redemption Transaction shall consist of and be
conducted:
a) by transfer of the requested amount from E-Wallet to a declared Bank
Account;
b) by credit by COSMOTE PAYMENTS of the requested amount to a declared
Payment Card;
c) through cash withdrawal from the ATM network of banks, if there is such ability.
1.2.3 As a result of the successful completion of a Redemption
Transaction, the Available Balance of the User’s E-Wallet shall be reduced
by an equivalent amount to the amount collected upon completion of the
Redemption Transaction and any expenses charged to this Transaction and any
other required for its completion.
1.3 Issuing and Redemption Services Cost
1.3.1 COSMOTE PAYMENTS shall be entitled to charge the User for the
Issuing Services with the charges included on its applicable tariff from
time to time, which is posted on its website
(cosmotepayments.gr).
The Users are recommended to visit regularly the above website.
1.3.2 COSMOTE PAYMENTS reserves the right to charge the User for the
Redemption Services, the charges for which are included on the above price
list under the condition that the User requests the redemption prior to the
termination of this agreement, otherwise when the redemption is requested
after the elapse of at least one (1) year from the termination of this
agreement. In any such case, the charges shall correspond to the cost.
1.4 COSMOTE PAYMENTS may abolish, amend, and introduce new methods of
completion of Cash-in and Redemption Transactions, notifying them to the
Users through its website, their E-Wallet profile and/or by e-mail.
2. PAYMENT SERVICES
2.1 Payment Services provided by COSMOTE PAYMENTS consist of the conduct
of payment acts which may be Collection Transactions and/or Payment
Transactions using electronic money, the completion of provision of which
may include the issuance of electronic money by COSMOTE PAYMENTS.
2.1.1 Collection Transactions consist of
a) the collection by the User as Beneficiary of amounts paid to them by
third parties for any legal cause and the credit of the specific User’s
E-Wallet with electronic money of equivalent value to the value of the
respective Payment to it, settled regarding any Transaction expenses;
b) transfer of electronic money from an E-Wallet to another Payment
Account.
2.1.2 Regarding Payment Transactions
a) they consist of the payment by the User as Payer of the amount due for
any legal cause to third parties through E-Wallet and the Payment
Instruments connected with it;
b) the relevant payment is made by using the COSMOTE PAYMENTS Payment
Services, debit of the User’s E-Wallet and corresponding debit and reduction
of the Available Balance of this account by the amount of the respective
Payment, charged with any Transaction expenses;
c) its completion presupposes the existence of a sufficient Available
Balance at the time of its execution.
2.1.3 COSMOTE PAYMENTS shall be entitled to deduct its total charges
regarding the provision of the Service from the respective amount for
Payment before it is credited to the Beneficiary of a Payment.
3. TRANSACTION LIMITS
3.1 COSMOTE PAYMENTS reserves the right to impose financial limits to
all kinds of Transactions and change them unilaterally, aiming to the
security of Transactions and the prevention and combating of money
laundering and terrorist financing. In addition, for the same reasons, and
for ensuring business activity, it may adjust and impose financial or other
kind of limits to Users, as the case may be. The applicable limits per type
of Transaction or type of User shall be published on the Application of the
User.
3.2 Any Transaction requested by the User, the completion of which
would result to any applicable limit being exceeded, shall be rejected.
4. REIMBURSEMENTS
4.1 In case COSMOTE PAYMENTS takes notice of any challenge of a
Collection Transaction for any reason (e.g. as unauthorized, revoked,
incorrect) by a payer or Payment Service Provider or entity, institution or
organization cooperating with it for the purpose of execution of the
Transaction, in execution of which the E-Wallet of the User was credited,
the User must pay to COSMOTE PAYMENTS the equivalent amount to the
challenged Transaction within the next business day from the notification of
the challenge or other deadline to be set by COSMOTE PAYMENTS at its
discretion, and present to COSMOTE PAYMENTS, promptly and within the
deadlines set at its discretion, all details and information required for
the documentation of the conduct, authenticity, validity and correctness of
the Transaction. For the Payment of the reimbursed amount, the User hereby
explicitly and unreservedly authorizes COSMOTE PAYMENTS to proceed to the
collection of the amount of the challenged Transaction by debit of the
User’s Available Balance and drawing thereof for its Payment to the person
requesting Reimbursement.
4.2 For the period from the notification to the User of the request of
challenge of the Collection Transaction until the completion of the
documentation process, the equivalent amount of the challenged Transaction
may instead of being immediately collected, become, at the discretion of
COSMOTE PAYMENTS, a Committed Amount and the Available Balance shall be
reduced by the equivalent amount thereof.
4.3 After the end of the documentation process and if the amount has not
already been paid by the User or collected by COSMOTE PAYMENTS:
4.3.1 In case COSMOTE PAYMENTS finds that the Transaction was adequately
documented, the Committed Amount shall be released, credited, and increase
the Available Balance at that time.
4.3.2 In case COSMOTE PAYMENTS finds that the User did not fulfil their
above obligation in a satisfactory manner and/or the Transaction is not
adequately documented based on the presented details and information, the
Committed Amount shall be debited to the E-Wallet in order to be reimbursed
to the Beneficiary Payer that challenged the Transaction, while the E-Wallet
Balance shall be correspondingly reduced.
4.4 If the User has not proceeded to the payment of the equivalent amount
of the challenged Transaction and the Available Balance is not sufficient
for the coverage of the Committed Amount for this reason or for any reason,
any subsequent credit of E-Wallet shall be used for the coverage of the
Committed Amount increasing the Balance instead of the Available Balance
until its full coverage. This process shall not exclude the pursue of
collection of the amount of the challenged Transaction by other judicial and
out-of-court means by COSMOTE PAYMENTS.
4.5 In case of request of Reimbursement of a Transaction amount by the
User due to cancellation or withdrawal from the Transaction, the above
procedure shall apply accordingly. In the above framework, COSMOTE PAYMENTS
may request all details and information documenting the cancellation or
withdrawal from the Transaction according to the applicable provisions,
contractual and legislative, both by the Payer and the Beneficiary.
4.6 The parties agree that only the notification addressed by COSMOTE
PAYMENTS to the User on Reimbursement of a paid amount for the reasons
provided for in the Terms shall constitute full evidence of their debt to
COSMOTE PAYMENTS and of their obligation of Reimbursement of the already
paid amount. In addition, it is agreed that the excerpt of commercial books
kept by COSMOTE PAYMENTS, which may also be kept electronically, which
include the relevant entries, shall constitute full evidence of the User’s
debt of to COSMOTE PAYMENTS, which shall be sufficient for the fulfilment of
the conditions for issuance of an order for Payment.
4.7 Reimbursement of amounts for Payment Acts initiated by the
Beneficiary or through them
4.7.1 The Payer shall be entitled to request from COSMOTE PAYMENTS, as the
respective Payment Service Provider, the Reimbursement of amounts concerning
an authorized Payment Act, which was initiated by the Beneficiary or through
them and has already been executed, if the following conditions are
cumulatively fulfilled:
a) at the time of the approval, the exact amount of the Payment Act was
not determined;
b) the amount of the Payment Act exceeds the amount reasonably expected by
the Payer, considering their previous habits of expenses, the terms of the
Framework Agreement and the relevant circumstances of the case.
Following a request of the Payment Service Provider, the Payer shall bear
the burden of proof of fulfilment of the above terms. The obligation of
Reimbursement of amounts shall concern the entire amount of the executed
Transaction. The value date for the credit of the Payer’s Payment account
shall not be subsequent to the date of debit of the Payment Account with the
amount of the Payment Act. Subject to Clause 4.7.3, the Payer shall reserve,
in addition to the right determined in this paragraph for Direct Debits,
according to the meaning of Article 1 of Regulation (EU) No 260/2012, an
unreserved right of Reimbursement of amounts within the time limits of
Article 4.8.
4.7.2 However, for the purposes of case (b) of Clause 4.7.1, the Payer
shall not be entitled to rely on reasons connected with the conversion of
foreign currency, if the reference exchange rate, agreed with COSMOTE
PAYMENTS as relevant Payment Service Provider, was applied according to the
applicable legislation.
4.7.3 The Payer shall not be entitled to request the Reimbursement of
amounts if:
a) the Payer has given their consent for the execution of the Payment Act
directly to COSMOTE PAYMENTS; and
b) as the case may be, the information on the future Payment Act has been
provided or made available to the Payer, in the agreed manner, at least four
(4) weeks before the Payment date either by COSMOTE PAYMENTS or by the
Beneficiary.
4.8 Request for Reimbursement of amounts for Payment Acts initiated by
the Beneficiary or through them
4.8.1 The Payer may submit a request for Reimbursement of amounts,
according to Clause 4.7, which concerns an authorized Payment Act initiated
by the Beneficiary or through them, within a deadline of eight (8) weeks
from the date of debit of their Payment Account with the corresponding
amounts.
4.8.2 Within a deadline of ten (10) business days from the date of receipt
of the request for Reimbursement of amounts, the Payment Service Provider
shall be obliged either to reimburse the entire amount of the Payment Act or
to justify their refusal to respond to the request for Reimbursement of
amounts, indicating to the Payer the entities to which they can refer to, if
the Payer does not accept the justification provided by COSMOTE PAYMENTS.
The right of the Payment Service Provider to refuse the Reimbursement of
amounts according to the first subparagraph of this paragraph shall not
exist in the case of the last subparagraph of Clause 4.7.1.
4.9 Liability of Payment Service Provider for non-execution, incorrect or
delayed execution of Payment Acts
4.9.1 a) Subject to
(i) Clause 7, or
(ii) where the exclusive Authentication means provided by the Payment Service User is incorrect, and, nevertheless, the Payment Service Provider makes reasonable efforts to recover the amount concerning the Payment Act, cooperating with COSMOTE PAYMENTS, which shall provide it with all relevant information for the recovery of the amounts of money, while if the recovery of the amounts is not possible, the Payment Service Provider of the Payer shall present to the Payer, upon their written request, all important information for the Payer available to it, in order to assert a claim for the recovery of the amount; or
(iii) the cases where there are unusual and unforeseen circumstances, which are beyond the control of the party relying on them and the consequences of which could not be avoided despite the efforts to the opposite, even when the Payment Service Provider is bound by other legal obligations provided for in the European Union or national law; when the Payment Order is initiated directly by the Payer, the Payment Service Provider of the Payer shall be liable towards the Payer for the correct execution of the Payment Act, unless they prove to the Payer, and, as the case may be, to the Payment Service Provider of the Beneficiary, that the Payment Service Provider of the Beneficiary received the amount of the Payment Act according to the applicable legislation from time to time. In this case, the Payment Service Provider of the Beneficiary shall be liable towards the Beneficiary for the correct execution of the execution act.
b) If the Payment Service Provider of the Payer is liable according to case
(a), it shall reimburse without undue delay to the Payer the amounts of the
non-executed or incorrect Payment Act and, as the case may be, shall restore
the debited Payment Account to the previous situation.
c) The value date for the credit of the Payment Account of the Payer may
not be subsequent to the date of debit of the amount of the Payment Act.
d) If the Payment Service Provider of the Beneficiary is liable according
to case (a), it shall immediately make available to the Beneficiary the
amount of the Payment Act and, as the case may be, shall credit the
corresponding amount to the Payment Account of the Beneficiary.
e) The value date for the credit of the Payment Account of the Beneficiary
may not be subsequent to the value date of credit of the amount to the
respective Payment Account in case of correct execution of the Payment Act,
according to those mentioned in the applicable legislation.
f) If the Payment Act is executed with delay, the Payment Service Provider
shall ensure, following a request by the Payment Service Provider of the
Payer acting on behalf of the Payer, that the value date for the credit of
the Payment Account of the Beneficiary is not subsequent to the Value Date
of credit of the amount to the respective Payment Account in case of correct
execution of the Payment Act.
g) If the Payment Order is initiated by the Payer and the Payment Act is
not executed or is executed incorrectly, the Payment Service Provider of the
Payer, following a request and regardless of liability in the framework of
this paragraph, shall immediately try to detect the Payment Act and inform
the Payer of the result. In this case, no charge shall be imposed on the
Payer.
4.9.2 a) When a Payment Order is initiated by the Beneficiary or through
it, the Payment Service Provider of the Beneficiary, subject to cases (i),
(ii) and (iii) of Clause 4.9.1(a), shall be liable towards the Beneficiary
for the correct transmission of the Payment Order to the Payment Service
Provider of the Payer, according to the applicable legislation. If the
Payment Service Provider is liable, according to the previous subparagraph,
it shall retransmit immediately such Payment Order to the Payment Service
Provider of the Payer.
b) If the Payment Order is transmitted with delay, the amount will have
value date in the Payment Account of the Beneficiary not subsequent to the
Value Date of credit of the amount as if the Payment Act had been executed
correctly.
c) Subject to cases (i), (ii) and (iii) of Clause 4.9.1(a), the Payment
Service Provider of the Beneficiary shall be liable towards the Beneficiary
for the handling of the Payment Act, according to the obligations it has
according to the applicable legislation. If the Payment Service Provider is
liable, according to this case, shall ensure that the amount of the Payment
Act is made available to the Beneficiary immediately after it is credited to
the account of the Payment Service Provider of the Beneficiary. The amount
shall have Value Date in the Payment Account of the Beneficiary not
subsequent to the Value Date of credit of the amount as if the Payment Act
had been executed correctly.
d) In case of non-execution or incorrect execution of a Payment Act for
which the Payment Service Provider is not liable, according to cases (a) and
(c), the Payment Service Provider of the Payer shall be liable towards the
Payer. If the Payment Service Provider of the Payer is liable, it shall
reimburse, as the case may be and without undue delay, to the Payer the
amounts of the non-executed or incorrect Payment Act and shall restore the
debited Payment Account to the previous situation. The Value Date for the
credit of the Payment Account of the Payer may not be subsequent to the date
of debit of the amount of the Payment Act.
e) The obligation of case (d) shall not apply for the Payment Service
Provider of the Payer, if it proves that the Payment Service Provider of the
Beneficiary has received the amount of the Payment Act, even if the Payment
Act has been executed with minimum delay. In this case, the Payment Service
Provider of the Beneficiary shall determine for the amount a Value Date in
the Payment Account of the Beneficiary not subsequent to the Value Date of
credit of the amount, as if the Payment Act had been executed correctly.
f) If the Payment Order is initiated by the Beneficiary or through them
and the Payment Act is not executed or is executed incorrectly, the Payment
Service Provider of the Beneficiary, following a request and regardless of
liability in the framework of this paragraph, shall immediately try to
detect the Payment Act and inform the Beneficiary of the result. In this
case, no charge shall be imposed on the Beneficiary.
4.9.3 In addition, the Payment Service Providers shall be liable towards
the respective Payment Service Users for any charges for which they are
liable, as well as for interest charged to the Payment Service User due to
the non-execution or incorrect, including delayed, execution of the Payment
Act.
5. LIABILITY IN CASE OF PAYMENT INITIATION SERVICES
FOR THE NON-EXECUTION, INCORRECT OR DELAYED EXECUTION OF PAYMENT ACTS
5.1 When a Payment Order is initiated by the Payer through a Payment
Initiation Service Provider, the Account Service Payment Service Provider,
subject to cases (i), (ii) and (iii) of of Clause 4.9.1 (a), shall return to
the Payer the amounts of the non-executed or incorrect Payment Act and, if
appropriate, shall restore the debited Payment Account to its previous
situation. The Payment Initiation Service Provider shall bear the burden of
proof that the Payment Order has been received by the Account Service
Payment Service Provider of the Payer according to those set out in the
General Terms in Clause 5.3 (Consent Time of Receipt – Execution of Payment
Orders & Irrevocable Orders), that, within its competence, the
authenticity of the Payment Act has been certified and that it has been
accurately recorded and has not been affected by any technical failure or
other malfunction connected with the non-execution, incorrect or delayed
execution of the Transaction.
5.2 If the Payment Initiation Service Provider is responsible for the
non-execution, incorrect or delayed execution of the Payment Act, it shall
compensate immediately, upon relevant request, the Account Service Payment
Service Provider for any damages it has suffered or amount it has paid as
result of the Reimbursement to the Payer.
6. NOTIFICATION AND RESTORATION OF PAYMENT ACTS THAT
HAVE NOT BEEN AUTHORIZED OR EXECUTED CORRECTLY
6.1 The Payment Service Provider shall restore a unauthorized or
incorrectly executed Payment Act to the Payment Service User, only if the
latter notifies without undue delay the Payment Service Provider as soon as
they take notice of any such Payment Act that establishes a claim for
compensation, including this of Clause 13 of the General Terms, and at the
latest within a period of thirteen (13) months from the date of debit. The
above deadline shall not apply if the Payment Service Provider has not
provided nor made available the information on the specific Payment Act,
according to those set out in the applicable legislation.
6.2 If a Payment Initiation Service Provider participates in the Payment
Act, the Account Service Payment Service Provider shall compensate the
Payment Service User according to the above Clause 6.1, subject to the
provisions of Clause 8.2 and Clause 4.9.1.
7. DETAILS THAT DOCUMENT THE AUTHENTICITY AND
EXECUTION OF PAYMENT ACTS
7.1 If the Payment Service User denies that they have approved an
executed Payment Act or claims that the Payment Act was executed
incorrectly, COSMOTE PAYMENTS, as the respective Payment Service Provider,
must prove that the authenticity of the Payment Act has been certified and
that the Payment Act has been recorded accurately, has been registered in
Payment Accounts and was not affected by a technical failure or other
malfunction of the service provided by the Payment Service Provider. If the
initiation of the Payment Act is conducted through a Payment Initiation
Service Provider, the latter shall bear the burden to prove that, within its
competence, the authenticity of the Payment Act has been certified, has been
recorded accurately and was not affected by a technical failure or other
malfunction connected with the Payment Service entrusted to it.
7.2 If a Payment Service User denies that they have approved an executed
Payment Act, the use of a payment instrument recorded by the Payment Service
Provider, including the Payment Initiation Service Provider, as the case may
be, shall not constitute compulsorily, in itself, adequate proof that the
Payer had approved the Payment Act or that they acted by intention or had
not fulfilled by intention or gross negligence one or more of the
obligations of Clause 3.2 and Clause 13.5 of the General Terms. The Payment
Service Provider, including, as the case may be, the Payment Initiation
Service Provider, must provide evidence to prove fraud or gross negligence
on the part of the Payment Service User.
8. LIABILITY OF THE PAYMENT SERVICE PROVIDER FOR
UNAUTHORIZED PAYMENT ACTS
8.1 Subject to Clause 6, in case of an unauthorized Payment Act, the
Payment Service Provider of the Payer, after detection or notification,
shall reimburse promptly and in any case, no later than the end of the
following business day, to the Payer the amount of the unauthorized Payment
Act, unless the Payment Service Provider of the Payer has reasonable
suspicions that fraud has been committed and shall notify such reasons to
the Secretariat-General for Commerce and Consumer Protection. If there is
such a case, the Payment Service Provider of the Payer shall restore the
debited Payment Account to its previous situation and shall ensure that the
Value Date for the credit of the Payment Account of the Payer is not
subsequent to the time of debit of such Payment Account with the amount of
the Payment Act.
8.2 If the Payment Act has been initiated through a Payment Initiation
Service Provider, the Account Service Payment Service Provider shall
reimburse, immediately and in any case no later until the end of the next
business day, to the Payer the amount of the unauthorized Payment Act, and,
as the case may be, shall restore the debited Payment Account to its
previous situation. If the Payment Initiation Service Provider is
responsible for the unauthorized Payment Act, it shall immediately
compensate the Account Service Payment Service Provider, upon request of the
latter, for damages it has suffered or for amounts it has paid as a result
of the reimbursement of the amount of an unauthorized Payment Act to the
Payer, including the amount of the unauthorized Payment Act. According to
Clause 5.1, the Payment Initiation Service Provider shall bear the burden of
proof that, within its competence, the authenticity of the Payment Act has
been certified and that is has been recorded accurately and was not affected
by any technical failure or other malfunction connected with the Payment
Service entrusted to it.
8.3 Further compensation shall not be excluded, if a relevant right is
established in the law governing this Agreement.
9. LIABILITY OF THE PAYER FOR UNAUTHORIZED PAYMENT
ACTS
9.1 By way of derogation from Clause 8, the Payer shall be liable up to
the maximum amount of fifty (50) euros for the damages deriving from the
conduct of unauthorized Payment Acts, which arise either from the use of a
lost or stolen payment instrument or from its misappropriation. Such
obligation shall not apply, if:
a) the loss, theft or misappropriation of the payment instrument was not
possible to be detected by the Payer before the conduct of the Payment Act,
unless the payer had acted fraudulently; or
b) the damage had been caused by acts or omissions of an employee, agent
or branch of a Payment Service Provider or entity to which the Payment
Service provided had entrusted its activities.
9.1.1 The Payer shall be liable for all damages related to any
unauthorized Payment Act, if such damages are due to fraud or to the
non-observance of one or more of the obligations they have according to
Clause 13.5 and Clause 3.2 of the General Terms. In these cases, the maximum
amount mentioned in the first clause of this paragraph does not apply.
9.1.2 If the Payer is a consumer and if the damages are due to gross
negligence, the Payer shall be liable up to the maximum amount of one
thousand (1,000) euros, taking into account in particular the nature of the
personalized security credentials and the more special circumstances in
which the means of payment was lost, stolen or embezzled.
9.1.3 The previous clause does not apply, if the Payment Service Provider
proves that it has and implements additional, effective and more
sophisticated transaction control mechanisms for the Strong User
Authentication of Transactions, for Transactions that can cause damages of
more than one thousand (1,000) euros, such as in particular control
mechanisms utilizing artificial intelligence technologies or additional code
or biometric identification or telephone confirmation.
9.2 If the Payment Service Provider of the Payer does not require Strong
User Authentication, the Payer shall be liable for any financial
consequences, only if they have acted fraudulently. If the Beneficiary or
the Payment Service Provider of the Beneficiary is not able to accept Strong
User Authentication, it shall be obliged to compensate the Payment Service
Provider of the Payer for the financial damage it has suffered.
9.3 As of the time of notification of the Payment Service Provider,
according to Article 13.5 of the General Terms, the Payer shall not bear any
financial consequence arising from the use of a lost, stolen, or
misappropriated payment instrument, unless they have acted fraudulently. If
the Payment Service Provider does not provide the Payer with appropriate
means enabling them to proceed at any time to notification regarding the
loss, theft or misappropriation of the payment instrument or to submit a
request for the removal of suspension of the ability to use the payment
instrument, the Payer shall not be liable for the financial consequences
arising from the use of such payment instrument, unless they have acted
fraudulently.
10. OTHER TERMS
10.1 COSMOTE PAYMENTS may select and use at its discretion third persons,
natural or legal, for the provision of Payment Services to the Users.
10.2 The Terms of use shall take precedence over any previous agreement and
communication to the contrary, written, or oral, regarding the terms and
conditions of Payment Services between the User and COSMOTE PAYMENTS.
10.3 Any invalidity of a clause shall not affect the validity of the other
clauses.
11. SPECIAL PROVISIONS FOR PROFESSIONAL USERS
11.1 By way of derogation from Clause 4.7 and 4.8 of Chapter II on the
authorized Payment Acts, the following are set out:
11.1.1 The Professional User is not entitled to reimbursement of amounts
concerning an authorized Payment Act, which was initiated by a Beneficiary
or through them and has already been executed.
11.1.2 The Professional User is not entitled to file to COSMOTE PAYMENTS a
request for reimbursement of amounts concerning an authorized Payment Act,
which was initiated by a Beneficiary or through them.
11.2 By way of derogation from Clause 9.1 of Chapter II on the unauthorized
Payment Acts, the following are set out:
The Professional User has unlimited liability for damages related to the
execution of unauthorized Payment Acts, which were made by a third party
using a lost or stolen Card or leaked Code or personalized Card feature,
which the Professional User did not safeguard, irrespective of whether or
not these damages are due to fraud or failure to comply with their
obligations.
11.3 By way of derogation from Clause 4.9.3 of Chapter II on the liability
of the Payment Service Provider for non-execution, incorrect, or delayed
execution of Payment Acts, the following are set out:
The Payment Service Provider is not liable for any charges, as well as for
interest that burden the Professional Users due to the non-execution or
incorrect, including delayed, execution of the Payment Act.
11.4 By way of derogation from Clause 7.1 of Chapter II on documenting the
authenticity and execution of Payment Acts, the following are set out:
If the Professional User denies that they have approved an executed Payment
Act or claims that the Payment Act was executed incorrectly, they shall bear
the burden of proof as to the evidence documenting the authenticity and
execution of the Payment Act.
11.5 By way of derogation of Clause 10.2 of Chapter I on the right to
terminate without a reason, the following are set out:
The Professional Users or COSMOTE PAYMENTS are entitled to terminate this
agreement in writing, without a reason, under the condition of prior notice
to their counterparty, on the one hand, the User at least thirty (30) days
in advance, and, on the other hand, COSMOTE PAYMENTS at least fifteen (15)
days in advance, subject to Clause 10.3 of Chapter I.
11.6 By way of derogation from Clause 6.1 of Chapter II on notification and
restoration of Payment Acts that have not been approved or have been
executed incorrectly, the following are set out:
The Payment Service Provider restores unauthorized or incorrectly executed
Payment Acts, only if the Professional User notifies without undue delay the
Payment Service Provider as soon as they notice any such Payment Act giving
rise to a compensation claim, no later than two (2) months from the charge
date. The above deadline does not apply when the Payment Service Provider
has neither provided nor rendered available the information on the specific
Payment Act, as provided for by the applicable legislation.
APPENDIX Α
Declaration of Withdrawal Template (for Consumers/Micro-Enterprises)
(complete and send this form only if you wish to withdraw from the Contract)
This form concerns remote contracts with natural persons acting for reasons
that do not fall within their commercial, business, craft or independent
professional activity.
To: COSMOTE PAYMENTS – ELECTRONIC MONEY SERVICES SINGLE-MEMBER S.A.
e-mail:
complaints@cosmotepayments.gr
Address: 99 Kifissias Ave., 151 24 Maroussi, Attica, Greece
I hereby declare that I withdraw from the Service Contract with COSMOTE
PAYMENTS – ELECTRONIC MONEY SERVICES SINGLE-MEMBER S.A. which was
signed/concluded on: ../../….
Customer Information:
- Name: …………………………………………………………………………….
- Identity Card / Passport Number: ……………………………………………...
Please credit my IBAN ……………………………………………………………….. bank account at the
Bank ……………………………… …………………………………………...,
with the balance of my account with IBAN …………………………………………………… which I
maintain at COSMOTE PAYMENTS, after settling any charges I have made to
COSMOTE PAYMENTS corresponding to the Services I have received under this
Contract.
Customer signature (only if this form is shared on paper)
Date
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