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The parties agree that the clauses contained in this contract must be considered as general contracting conditions, for the purposes indicated in Law 7/1998, of April 13, on General Contracting Conditions.
PECUNPAY, as predisposing party, has expressly and previously informed the HOLDER, as adherent, of the existence of the general conditions listed in this document.
The HOLDER states that he knows the conditions, that he understands them and that, consequently, he accepts their incorporation into the contract. The HOLDER declares that he acts in his own name and right and undertakes to provide PECUNPAY with the documentation, photographs and information that he may reasonably request to comply with his regulatory obligations.
Once the HOLDER has completed the above and has passed our internal checks, the card will be issued.
This contract will have an indefinite duration, without prejudice to the expiration date that appears on the cards issued, or on any other means of payment, that PECUNPAY makes available to the HOLDER. Starting the relationship the day PECUNPAY confirms that your service has been approved.
With the exception of cases in which the HOLDER has contracted several products with PECUNPAY for the management of which it is necessary to keep a payment account open or in cases determined by regulation, the HOLDER may, at any time, denounce the contract by notifying it in writing. addressed to PECUNPAY, without the need for any prior notice. In this case, PECUNPAY will proceed to comply with the contract termination order within 24 hours of receiving the HOLDER's request. PECUNPAY will proceed to reimburse the HOLDER the remaining balance that it had, once the corresponding commissions and expenses have been applied up to the date of resolution.
Termination of the contract will be free for the HOLDER, unless the contract has been in force for less than six months. PECUNPAY may terminate this Contract by notifying the HOLDER at least sixty calendar days in advance.
Notwithstanding the foregoing, PECUNPAY may terminate the contract, without prior notice, in the event of objectively justified reasons related to the security of the payment instrument, suspicion of unauthorized or fraudulent use thereof.
For the purposes of this contract, it is understood by:
Resolution. The ineffectiveness of this contract. As a consequence of the non-compliance of one of the parties, the right to request that the contract be annulled arises for the other, repairing the damages suffered.
Withdrawal. Faculty of one of the parties to annul the contract entered into, without the need to justify the decision.
THE HOLDER will have a period of 14 calendar days to withdraw from the contract, without indicating the reasons and without any penalty.
The period to exercise the right of withdrawal will begin to run from the day of the conclusion of the contract.
However, if the consumer has not received the contractual conditions and the contractual information, the period to exercise the right of withdrawal will begin on the day the aforementioned information is received.
THE HOLDER who exercises the right of withdrawal will notify the provider in the terms provided for in the contract, before the end of the corresponding term, by a procedure that allows the notification to be recorded in any way admitted by Law. The notification will be considered to have been made within the term if it is made on paper or another durable medium, available and accessible to the addressee, and it is sent before the expiration of the term.
PECUNPAY may temporarily suspend the services provided, as well as any means of payment associated with them, as a result of the HOLDER's lack of payment, for security reasons, for lack of the requested documentation, or for suspicion of unauthorized practices or fraudulent of the HOLDER. When the causes that motivated the suspension disappear, it will proceed to reactivate the service or the means of payment.
PECUNPAY may modify the conditions established in this contract.
The modifications will be published on the PECUNPAY website and, in addition, Users will be informed by email to their corresponding email address. However, they will not be applicable until sixty calendar days have elapsed from the sending of the corresponding email.
If the new conditions redound to the benefit of the HOLDER, PECUNPAY may provide for their automatic application after their publication on the corporate website.
If the HOLDER, after learning of the new conditions, rejects them, he may denounce the contract thirty calendar days in advance, by notifying PECUNPAY in accordance with the provisions of section 1.7 of these general conditions. The complaint, therefore, must be made prior to the application of the new conditions so that they are not applicable to you. It will be considered that the HOLDER has accepted the modification of the conditions in question if they do not notify PECUNPAY of their non-acceptance prior to the proposed date of entry into force.
The commissions and expenses consigned in the Particular Conditions that apply to each of the different products and services contracted will be applicable. Said commissions and expenses, for each one of the different products and services, will be informed explicitly in the tariff brochure related to each product and service that is in force at any time.
The communications, notifications and documentation that must be made by virtue of this Contract will be made to the OWNER at the address and/or email address provided by the OWNER for that purpose.
The communications to PECUNPAY that the HOLDER must make will be made by email to the Customer Service address: email@example.com
The HOLDER undertakes to notify PECUNPAY of changes in address, email address and contact telephone number(s), through the means made available by PECUNPAY, for this purpose, or by updating it, having to bear any loss that occurs due to the sending of invalid, incorrect or inaccurate Information.
1.8. CUSTOMER SERVICE
HOLDERS may file a complaint or claim with PECUNPAY Customer Service. The letter will be submitted via email to the following address: firstname.lastname@example.org
All of this in accordance with the provisions of the PECUNPAY Customer Ombudsman Regulations, which are available to HOLDERS on the corporate website.
1.9. RECORD OF COMMUNICATIONS
The HOLDER authorizes PECUNPAY to record by recording, computer, electronic means, or through other means, all the data, queries, circumstances of the contracts and operations carried out through any of the non-contact services. The HOLDER may request a copy of the same from PECUNPAY.
1.9.1. TREATMENT OF PERSONAL DATA
In compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data, as well as of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, the HOLDER accepts the incorporation of the personal data provided in this contract, or through its navigation, of the pages PECUNPAY website and, in general, those provided during the contractual relationship, to PECUNPAY's processing activities for compliance with the contractual relationship, examination and verification of data, for the preparation and management of loyalty programs, the notification of any type of incident that may arise during the contractual relationship, the communication of possible modifications in the conditions of the contract and, in general, those that affect the use of the card, among other aspects, being entitled to do so based on the execution of the contract. Your data will be kept during the execution of this contract and, subsequently, until the prescription of possible legal responsibilities.
The HOLDER will be responsible for the veracity and accuracy of all the data provided to PECUNPAY.
The data controller is PECUNIA CARDS EDE, SLU
The HOLDER may exercise the rights of access, rectification, opposition, cancellation, revocation, limitation, portability and opposition to automated decisions by writing to PECUNPAY, with address at calle Guzmán el Bueno, 133, Edificio América, Bajo B, 28003, Madrid ; or by email to the following address: email@example.com
Your data may be transferred to third parties. Specifically, to entities linked to the financial sector and bank card processing entities. Said assignment is made for the purpose of managing the operations of our terminals, as well as to manage the operations of secure customer authentication. However, at any time, you may revoke your consent by writing to PECUNPAY. Likewise, in the event that you want to benefit from offers and promotions to which you have access through the use of our services, your data may be transferred to the entity with which PECUNPAY formalizes the agreement for the offer of said offer and/or service. that you benefit from. This assignment will be made in order for you to enjoy said offer and/or service.
PECUNPAY may verify the information provided by the HOLDER, assess its operations and verify its solvency. For this, it will be empowered to collect, communicate, request and exchange information about the status of its accounts, other solvency files or Public records, with financial entities, credit evaluation and fraud prevention companies, as well as the Bank of Spain. PECUNPAY may consult them periodically. These procedures are necessary for PECUNPAY in order to carry out the pertinent consultations to comply with its obligation to analyze fraud, money laundering prevention and terrorist financing.
1.10. PREVENTION OF MONEY LAUNDERING AND THE FINANCING OF TERRORISM
The HOLDER is informed of the legal obligations required of PECUNIA CARDS EDESLU (“PECUNPAY” hereinafter) in terms of prevention of money laundering and terrorist financing, concerning the identification of the HOLDER and beneficial ownership, shareholding structure or control in the event that the HOLDER is a legal person, economic, professional or business activities, origin of the funds, as well as the requirement to apply the due diligence measures established at any time by current legislation, among others those that They are related to the knowledge and continuous monitoring of the business relationship.
Consequently, the HOLDER must provide, in a timely manner, all the information and documentation that PECUNIA may require at any time to comply with the aforementioned obligations.
In the event that the HOLDER is a natural person, and unless otherwise stated by him, the HOLDER expressly declares that he acts before PECUNPAY in his own name and right, recognizing himself, for all purposes, as the REAL HOLDER of their relationship with PECUNPAY.
For these purposes, additionally, the HOLDER expressly agrees to assume the following obligations, authorizations and measures derived from the application of the regulations for the prevention of money laundering and financing of terrorism:
a) The HOLDER authorizes PECUNPAY to request any entity –whether public or private- information on the identity or activity carried out by the HOLDER;
b) The HOLDER must notify, without delay, PECUNPAY of any variation that occurs in his identification, in the identification of the real ownership, shareholding or control structure, as well as the economic, professional or business activities carried out;
c) The HOLDER accepts that, in the event of not duly meeting the requirements made by PECUNPAY for compliance with the obligations established in terms of prevention of money laundering and financing of terrorism, or risks related to the reference regulations are appreciated, PECUNPAY may block the operation of the card/s and terminate the contractual relationship that binds the parties.
The PECUNPAY card, under its different modalities, (hereinafter, "card") is a prepaid MASTERCARD or VISA card, which allows the HOLDER to obtain professional goods and services in those establishments that accept MASTERCARD or VISA cards, and also have , with a Point of Sale (POS) Terminal device.
Likewise, this card allows the HOLDER to make purchases over the Internet, as long as the website accessed accepts this means of payment, in which case, it will be subject to the conditions established therein.
The balance of the card will not accrue, in any case, interest or any other type of remuneration in favor of the HOLDER.
PECUNPAY holds the ownership of the cards it issues on a personal basis. Its HOLDER will be a natural or legal person, whose identity must be stated on the card itself, except if the contracted product is a gift, instant or virtual card.
The HOLDER authorizes PECUNPAY to issue a financial card linked to a payment account assigned to the HOLDER's name, except if the contracted product is a gift, instant or virtual card.
The payment account is associated with the card and other electronic media, so that any operation carried out through such means will be reflected in the account.
If the HOLDER requests additional cards, each card will be associated with a new payment account. The HOLDER's request for one or more additional cards will imply the consent of the HOLDER in relation to the charges that PECUNPAY makes in his payment account as a result of the transactions and withdrawals made with said additional cards.
The card will have limited validity until the date that appears on it.
Once the form is completed and the payment is made, and once our internal checks have passed within an estimated period of 10 business days, the user will receive the card.
In the case of renewal of the card, upon its expiration date, the client will be sent, thirty calendar days prior to said date, a new card applying, in each case, the applicable renewal conditions in the particular conditions of the card. same.
The renewed card will be issued with a new card number, which will maintain the same relationship with the original payment account and, therefore, will maintain its conditions of use and available balance in said account.
Notwithstanding the foregoing, PECUNPAY reserves the right to cancel or modify the validity date of the cards during their validity period, as well as not to proceed with their renewal upon expiration, losing the HOLDER all rights. relating to its use.
The use of the card will be done in accordance with the instructions for use established by PECUNPAY in this contract and on its own website, without prejudice to the power that PECUNPAY holds to modify such instructions for use. The modifications will be notified to the HOLDER and will be published on the web page corresponding to each product. They will be applied sixty calendar days after their publication, unless expressly indicated in each case.
Each operation will be registered by PECUNPAY and the HOLDER will be able to access such information through the web page corresponding to each product ("client area" section), except if the contracted product is an instant or virtual gift card, in which case will provide the available balance of the card through the means established by PECUNPAY.
The validity of the disposition made will be presumed based on the invoice, dataphone receipt, electronic terminals for registration and/or authorization of operations, reading of its magnetic stripe or electronic chip or any other means of identification established in the conditions of use of the card, even when the display of your national identity document, Personal Identification Number or signature is not required. The same consequences will be applicable in the case of remote sales (Internet).
The effective use of the card will be presumed by the mere recording of the transaction in PECUNPAY's computer files.
The operations carried out by the HOLDER will be considered authorized when he has given his consent through any of the channels established for the use of the means of payment contemplated in these general and particular conditions.
For the use of the card by the HOLDER, the HOLDER may establish a limit in the amount, beyond which it may not be used, without his express authorization. Likewise, the HOLDER may establish limits on the availability of his card, either in each movement or for determined periods (days, weeks, months, years...).
The maximum total amount of the operations that can be carried out at any time will be determined by the amount available in the account, as well as by the cash availability limits established in ATMs, the limits for transactions in stores and, in the same way, will be limited provisions and cash income through the private network.
PECUNPAY reserves the right to block the use of a payment instrument for objectively justified reasons related to the security of the payment instrument, suspicion of unauthorized or fraudulent use thereof.
The HOLDER expressly authorizes PECUNPAY to settle in the payment account the operations carried out by the HOLDER when he has consented to them. It will be understood that the HOLDER has consented to the operation, when it has been carried out through any of the channels provided by PECUNPAY, among which are any use of his card, card number or PIN, without restriction.
The payer may withdraw consent at any time prior to the irrevocability date referred to in articles 36 and 52 of Royal Decree-Law 19/2018, of November 23, on payment services and other urgent financial measures. However, if the HOLDER does not hold the status of consumer or micro-enterprise in the terms specified in Royal Decree-Law 19/2018, of November 23, they may not withdraw consent.
Likewise, the HOLDERS accept that the payment account serves as accounting support to carry out operations using any means of payment that is associated with it.
All those that are duly authorized by the HOLDERS of the account, or are in charge of any of them, will be accepted as debits of the account.
When a payment order is not executed or executed defectively, PECUNPAY will act in accordance with the provisions of article 60 of Royal Decree-Law 19/2018, of November 23.
The HOLDER must pay, in advance, a sufficient amount for the amount charged. The cards may be recharged as many times as desired up to the limit assigned by the HOLDER, except if the contracted product is a gift card, instant card, or virtual card, where a single recharge may be made.
The HOLDER may recharge the card through the following channels:
The withdrawal of cash from the account will imply, on the one hand, the prior transformation of the electronic money in the account into cash and, on the other hand, the relevant notation in the HOLDER's payment account.
The payment account may not reflect a negative balance derived from the operations carried out by the HOLDER, so it will be obliged to have a sufficient balance for each operation requested.
If for any reason (including, but not limited to, a technical error attributable to PECUNPAY or any of its external providers) the HOLDER has a negative balance in his payment account, he agrees to immediately recharge the amount required to correct the negative balance. . Said amounts expire without the need for prior notification. If you don't:
The HOLDER may check the available balance of the card on the website corresponding to each product, in the "customer area" section, as well as through the appropriate means when available, except if the contracted product is a gift card, instant or virtual, in which case it is provided by the means that PECUNPAY makes available to the client at any time.
No business or establishment will be able to inform you about the balance of your card.
THE HOLDER agrees to cooperate with all requests made by PECUNPAY or any of its external service providers on its behalf in relation to its Account, to identify or authenticate its identity or validate its sources of financing or transactions. This may include, but is not limited to, requesting additional information that allows PECUNPAY to reasonably identify you, including requiring you to take steps to confirm ownership of your phone number or payment instruments or verify your information against third-party databases. or through other sources.
PECUNPAY reserves the right to close, suspend, or limit access to your Payment Account and/or Payment Services in the event that you are unable to obtain or verify such Information or fail to comply with your requests as set forth in the preceding paragraph. . PECUNPAY can confidentially verify the information provided by the HOLDER or obtain information about it or through third parties from secure databases. The HOLDER confirms that he gives his consent to PECUNPAY or a third party on his behalf to carry out said verifications.
THE HOLDER must ensure that the information in his account is always accurate and up-to-date. If at any time PECUNPAY believes that your information is outdated or inaccurate, you can contact the HOLDER and request more information or request that you go through the verification process again. PECUNPAY will not be responsible for any loss arising from your failure to maintain updated information.
Minors, persons subject to guardianship and, in general, those with limited capacity to act, must state this circumstance and, in turn, show the documentation that authorizes them to obtain the card.
PECUNPAY will not be responsible for the breach of this obligation to the extent that it has observed the legally required precautions to verify the identity and circumstances of the HOLDER.
For the debit of the sums derived from the use of the card abroad, the change to euros will be applied to the currency of the country of origin of the transaction corresponding to the day on which PECUNPAY has paid the amount of the operation.
The change to euros over the currency will increase in the commissions that PECUNPAY has established for operations carried out abroad. The HOLDER will be subject to the current legislation that regulates the limits set by the competent monetary authorities for expenses abroad, as well as the regime on exchange control, and on the declarations that he is obliged to make. The HOLDER will respond for the breach of said regulations, and PECUNPAY cannot be held responsible. The expenses incurred, if any, must be justified by the HOLDER before the authorities that require it, and PECUNPAY cannot be held responsible for the HOLDER's non-compliance.
With the issuance of the card, PECUNPAY will provide a Personal Identification Number (PIN), which the HOLDER, if applicable, can modify and which will be required in any use of the card by the provider of the good or service, in order to certify that it is its legitimate HOLDER.
Said PIN will be requested by the HOLDER through the web page corresponding to each product, in the "customer area" section, except when the contracted product is a gift card, instant or virtual, in which case, it will be provided through the channels that PECUNPAY makes it available to the client in each case.
If the unique identifier provided by the payment service user is incorrect, the provider will not be responsible for the non-execution or defective execution of the payment transaction.
The OWNER agrees to:
PECUNPAY undertakes to:
PECUNPAY will be exempt from liability with respect to those operations that, even being against the will of the payer, have been carried out as a consequence of an order received by PECUNPAY for whose authentication the established security requirements have been fulfilled.
The use of the PIN by a person other than the HOLDER presupposes gross negligence or, where appropriate, fraud on the part of the HOLDER.
PECUNPAY, without prejudice to adopting the measures it deems appropriate, is exempt from liability in the event of lack of attention to your card by any of the businesses, banks and savings banks committed to the sale of goods or provision of services, or due to incidents of a technical or operational nature at ATMs.
PECUNPAY will also remain oblivious to the incidents and responsibilities that may arise from the operation carried out between the establishment and the HOLDER of the card.
PECUNPAY excludes, from the scope of its application, Visa's Zero Liability Policy (Visa Global Zero Liability Policy), submitting to current European regulations on the matter.
The payer's liability regime will be applied in the event of unauthorized payment operations which, in each case, is regulated by the applicable legislation on the matter. Specifically, the HOLDER who does not hold the status of consumer or micro-enterprise in the terms established in Royal Decree-Law 19/2018, of November 23, on payment services and other urgent financial measures, will be obliged to bear the losses derived from unauthorized payment operations resulting from the use of the lost, stolen or misappropriated payment instrument by a third party, as long as the loss, theft or misappropriation of the payment instrument is not reported to PECUNPAY.
PECUNPAY will reimburse, at any time, exclusively at the HOLDER's request, the monetary value stored in his payment account. In any case, the HOLDER must send PECUNPAY a refund request together with the original of the card through the channels enabled for this purpose.
Electronic money, by default, will be reimbursed by issuing a new electronic money card, in accordance with the commission rate approved by PECUNPAY, in the name of the HOLDER, unless the HOLDER indicates otherwise, in which case the HOLDER will assume the costs generated as a result of reimbursement and accrued commissions.
In the cases in which the HOLDER requests the reimbursement of the same and this does not occur through the issuance of a new card, the issuer will receive a commission for reimbursement reflected in the particular conditions of each product, as well as any type of expenses generated as consequence of the processing and execution of the reimbursement. The issuer may only receive said commissions when the contract determines an end date and the HOLDER has terminated the contract prior to said date.
Notwithstanding the foregoing, the payer will not have the right to reimbursement when:
In addition, PECUNPAY will be excluded in the case of unauthorized payment operations, if the payment instrument is used anonymously or the payment service provider is unable, for other intrinsic reasons of the payment instrument itself, to demonstrate that the payment transaction has been authorized, following the provisions of article 34.2.a) of Law 19/2018.
Likewise, PECUNPAY would not have to demonstrate, in these cases, that the payments made, have been made by an authentic order, if the payment instrument is used anonymously or the payment service provider is unable, for other intrinsic reasons of the payment instrument itself, to demonstrate that the payment transaction has been authorized, as determined in article 34.2.b) of Law 19/2018.
PECUNPAY is exclusively responsible for the veracity and accuracy of the information regarding the account statements managed by it and never for the information that any other company or third party outside of PECUNPAY may provide the HOLDER, by any means, in the event that there was discrepancies in the requested information.
This Contract will be interpreted and fulfilled in its own terms and, in what is not foreseen, it will be governed by Spanish legislation on the matter, adjusting to it the obligations and responsibilities of the parties. The parties submit to the jurisdiction of the Courts and Tribunals of Madrid Capital for any matter related to the interpretation, compliance or execution of this Contract, expressly waiving any jurisdiction that may correspond to them, unless the HOLDER holds the status of consumer , in which case the rules on determination of competence regulated in the current legislation will be applied. And in proof of conformity, the parties sign this Electronic Money Services Provision Contract.
The rates that are applied in each case are informed at the time of contracting on the website https://www.pecunpay.es/soy-particular/ of the Electronic Money Entity PECUNIA CARDS EDE, SLU, a company incorporated in Madrid, with registered office at Calle Guzmán El Bueno, nº 133 - Edificio América - Bajo B - 28003 Madrid (Spain) and CIF B86972346, the latter being applicable in case of contradiction, which the parties involved declare to receive or know in this document and accept .
The OWNER agrees to receive commercial information from the company PECUNIA CARDS EDE, SLU by any means, including electronic means, about our product and service offers.
PECUNPAY, as predisposing party, has expressly and previously informed the HOLDER and, where appropriate, the DISPOSANTS, as adherents, of the existence of the general conditions listed in this document.
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