These Terms govern
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.
This Application is provided by:
Xace Limited, 71-75 Shelton Street, London, WC2H 9JQ
Owner contact email: privacy@xace.io
"This Application" refers to
This document contains the Terms and Conditions upon which You use our Payment Account services (the “Payment Account Services”) and, by using the Payment Account Services, You are agreeing to accept and comply with these Terms and Conditions (the ‘Terms and Conditions’). You should read the entire Terms and Conditions carefully before You use the Payment Account Services. If there is any part of the Terms and Conditions You do not understand or wish to clarify, please contact: info@xace.io.
These Terms and Conditions constitute the contract between You and XACE Limited, a company incorporated under the laws of England and Wales with company number 11742963 having its registered office at 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ (‘XACE’) in respect of Your use of the Payment Account Services. XACE is authorised and regulated by the Financial Conduct Authority FRN 948213, as an Authorised Payment Institution, under the Payment Services Regulations 2017.
1.1 In these Terms and Conditions, ‘We’ ’Us’ or ‘Our’ refers to XACE and ‘You’ or ‘Your’ refers to the person or entity that wishes to use the Payment Account Services. References to a ‘Payment Account’ or ‘IBAN Account’ refer to the ‘Payment Account.’ You have opened with XACE pursuant to 1Terms and Conditions, including prices and rates and as defined in the FCA Handbook.
1.2 These Terms and Conditions shall apply to You. Section headings shall not affect the interpretation of these Terms and Conditions.
1.3 Any words following the terms ‘including’ ‘in particular’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding these terms.
2.1 XACE provides Payment Accounts and IBAN Accounts for the purpose of making and receiving payments in pounds sterling (GBP) and Euros (EUR). Without prejudice to the Terms and Conditions specified in this contract, You may not be eligible for all the services offered by Xace Limited. The type of account and services that You will receive will be determined by Xace Limited based on its risk appetite and Your type of business.
2.2 You will be duly notified if there are any changes or restrictions to Your account or the services that You are eligible for during the onboarding process. This shall also be reflected in the pricing structure of Your account.
2.3 Payment Accounts are for commercial or business purposes only. Payment Accounts are not for personal use.
3.1 Payment Accounts for GBP allow You to:
3.2 Payment Account for EUR SEPA, allow You to:
4.1 When You open a Payment Account with us, You warrant and represent to us that:
4.2 To open a Payment Account with us, You need to remain compliant with our KYC/AML policies in relation to You, Your directors and officers and Your ultimate controllers.
4.3 Each Payment Account opening application will incorporate Your acceptance to these Terms and Conditions. By completing the form, or by submitting a form to us, You consent to us carrying out such credit and identity checks as We consider necessary with our third-party know Your customer (KYC) service providers in relation to You, Your directors and officers and Your ultimate controllers. You also consent to us holding copies of identification documentation and sharing their details with our third-party KYC service providers.
4.4 We will confirm to You by email that Your Payment Account has been activated. When We contact You to confirm Your Payment Account is open, We will invite You to sign up and obtain login credentials online. You will need to notify us of the contact details of the person (if any) who will be making Payment Instructions to us on Your behalf, including telephone number and email address.
4.5 We are not obliged to open a Payment Account for You and may refuse Your application for any reason without providing the reason for the decision. We may also impose as a condition of agreeing to open a Payment Account for You.
4.6 If at any time after We have opened Your Payment Account, We become aware that any of the warranties and representations You have made is untrue, We reserve the right, without notice to You, to cease processing any payments for You, immediately suspend and/or close Your Payment Account and take such further action as We, in our absolute discretion, see fit or are required to take under any law or regulation to which We are subject.
5.1 Once Your Payment Account is open, You may access Your Payment Account by logging in to our Web portal at app.xace.io (the “Portal”) using the user name and password and other security identifiers that You set once We informed You of the opening of Your Payment Account. The Portal allows You to access Your Payment Account balances, view Your transaction history, and initiate Payment Instructions.
5.2 Funds paid into Your Payment Account must be accompanied by a payment instruction for onward remittance of such funds within 60 days. Funds may be held there for no longer than 60 days. If You receive a payment into Your Payment Account, it is Your responsibility to ensure such balance is either (i) used for outgoing payments from Your account or (ii) used to fund fees due to us in accordance with this agreement.
5.3 Funds received into Your account which are fully or partially unused after 60 days will be returned to the respective sender by us. We use a “first in, first out” methodology to determine the duration of holding of any funds in a Payment Account.
6.1 You may receive funds into a Payment Account by providing the sender of funds with the account details and reference available for the relevant Payment Account on the Portal.
6.2 We reserve the right, in our absolute discretion, to conduct a payment review (“Payment Review”) of any payment that is received into Your Payment Account in order to allow us to comply with our internal compliance processes and compliance with applicable law and regulation to which We are subject. If a payment is subject to Payment Review, We will:
6.3 We will use reasonable endeavours to promptly complete any Payment Review subject to the receipt of any information We request. Once our Payment Review is complete to our satisfaction, We will promptly place the payment on Your Payment Account. Where We are unable to complete any Payment Review to our satisfaction, the payment will be reversed and the funds returned to the sender. A payment subject to Payment Review is a review of the payment only. A payment subject to Payment Review is neither a review nor a representation by us as to the commercial dealings, character or reputation of a party to the payment transaction and should not be considered as a lessening of the respect of any person.
We aim for the settlement times for Submitted Payment Instructions set out in the table below. We cannot guarantee such settlement times and are not responsible for any delays in settlement times arising from circumstances outside our control.
GBP: £1,000,000 or less - Immediate settlement via FPS
7.4 We are not responsible for, and exclude any liability for, any losses arising to You from any Submitted Payment Instruction which contains any error in any recipient data that You have submitted.
7.5 We reserve the right, in our absolute discretion, to conduct a Payment Review of any Payment Instruction submitted to us in order to allow us to comply with our internal compliance processes and compliance with applicable law and regulation to which We are subject. If a Payment Instruction is subject to Payment Review, We will request any further information that We may require in our absolute discretion from You in relation to the Payment Instruction before We process it. We will use reasonable endeavours to promptly complete any Payment Review subject to the receipt of any information We request. Once our Payment Review is complete to our satisfaction, We will promptly process the Payment Instruction. Where We are unable to complete any Payment Review to our satisfaction, We will be unable to process the Payment Instruction.
7.6 A payment subject to Payment Review is a review of the payment only. A payment subject to Payment Review is neither a review nor a representation by us as to the commercial dealings, character or reputation of a party to the payment transaction and should not be considered as a lessening of the respect of any person.
8.1 We reserve the right to suspend any Payment Account on immediate notice to You in order to allow us to comply with our internal compliance processes and compliance with applicable law and regulation to which We are subject.
8.2 You may at any time by notice to us by e-mail suspend a Payment Account.
8.3 If at any time You suspect that any of Your Portal login security credentials have been compromised or have been accessed by any person not authorised by You to access the Portal and submit Payment Instructions, You should inform us immediately. We are not responsible for, and exclude any liability for, any losses arising to You from any Submitted Payment Instruction made as a result of Your security credentials having been compromised where the circumstances of such compromise do not arise from any act or omission of us.
8.4 We reserve the right to charge a Monthly Account Fee as set out in your fee schedule whilst your account is suspended as set out.
9.1 The Payment Account Services are subject to the fees and charges which are annexed to these Terms and Conditions.
9.2 We reserve the right to make changes to the fees and charges schedule, subject to one month’s written notice. If We do make changes to the fees and charges, We notify You of any such change via the Portal and via email. Your continued use of the Payment Services after the date of such notification shall constitute acceptance of any such amended fees and charges.
9.3 Transaction fees are deducted from Your Payment Account immediately following receipt of a Submitted Payment Instruction.
9.4 Account opening fees are invoiced to You and require settlement prior to account opening.
9.5 Monthly account maintenance fees are deducted from Your Payment Account on the last business day (business days being the days on which banks are normally open for business in London) of each month.
9.6 Where insufficient funds are placed on a Payment Account to pay any fees that are due under these Terms and Conditions, You will not be able to use Your Payment Account until funds have been placed on the Payment Account to allow the outstanding fees to be deducted by us.
10.1 You may access and download the transaction history of any Payment Account via the Portal at any time.
11.1 You may, providing You have no outstanding fees or charges to pay in respect of Your Payment Account, close the Payment Account at any time by notifying us by e-mail or through the Portal. No Payment Account may be closed until outstanding fees and charges have been paid.
11.2 We may close a Payment Account by notifying You by e-mail or through the Portal on at least three months’ notice or immediately if We suspect that there has been a breach of these Terms and Conditions.
11.3 If, within one month after the closure of a Payment Account, We receive a payment made to the Payment Account, We shall, subject to any Payment Review, accept such payment, notify You and transfer the received funds to an account in a credit institution in the European Economic Area (including, for the avoidance of doubt, the United Kingdom) and Switzerland in accordance with Your instruction. We shall have the right to deduct from such payment any fees payable in respect of such transfer as if it Were a Payment Instruction.
11.4 Upon closure of the Payment Account, You must withdaw all remaining funds within 60 days, after which we reserve the right to deduct a Monthly Account Fee as set out in Annex 1 until it is fully depleted.
12.1 The Payment Account is not a bank account and money placed on Payment Accounts is not a deposit or e-money. Payment Accounts are not covered by the Financial Services Compensation Scheme operated by the Bank of England.
12.2 We do not act as a trustee, fiduciary or escrow holder in respect of the balances in Your Payment Account.
12.3 No interest is paid on money placed on Payment Accounts.
13.1 All Funds placed on Payment Accounts are held in accordance with safeguarding requirements under the Payment Service Regulations 2017 regulations 20 and 21 . These funds are held in one or more segregated accounts with an authorised credit institution or covered by an insurance policy from an authorised insurer. These funds are separate from our operational funds and are protected from any risks associated with our insolvency or financial difficulties. In the unlikely event of such occurrences, Your funds will remain secure and will not be used to satisfy our liabilities.
13.2 We ensure that these safeguarding measures are applied from the moment the funds are received and remain in place until the payment has been completed or transferred. We retain the ability to allocate Your safeguarded funds as needed by You at any given time.
13.3 We conduct regular audits and maintain robust financial control to ensure compliance with safeguarding obligations in accordance with the EU Payment Service Regulations 2017.
14.1 All client information supplied to us as part of the client on-boarding (KYC) process and thereafter is held in accordance with our Data Protection Policy and our Data Retention Policy, both of which are available on request.
14.2 Save as set out in clauses 14.3 and 14.4 below, We agree to keep confidential and not disclose any personal information relating to You, including name, address, email address and banking details, or any of the trades You have made with us (“Personal Information”) without Your written consent.
14.3 We will disclose, in our absolute discretion and without notice to You, Personal Information with law enforcement, taxation authorities, data protection authorities, government officials, and other regulatory authorities when:
14.4 With respect to US residents, We also may share Your information with other financial institutions as authorized under Section 314(b) of the US Patriot Act, and with tax authorities, including the US Internal Revenue Service, pursuant to the Foreign Account Tax Compliance Act ("FATCA"), to the extent that this statute may be determined to apply to us.
15.1 If You wish to make a complaint against us, You should advise Your relationship manager of the complaint immediately and copy the Complaints Manager on complaints@xace.io. In order to allow us to investigate Your complaint promptly and effectively, You should provide Your relationship manager with full details of the circumstances giving rise to Your complaint including, if applicable, details of the time and date of any relevant actual or purported order or trade. We reserve the right not to commence investigations until such details are provided.
15.2 A complaints handler ("Complaints Handler") will consider Your complaint. The Complaints Handler will consider Your complaint without prejudice based on the information You have provided and any information provided by us. Within 15 business days of our receipt of Your complaint the Complaints Handler will address all points raised in Your complaint by written notice ("Resolution Notice") in which the Complaints Handler will: (i) offer to resolve Your complaint in the way You have requested; (ii) make a determination rejecting Your complaint and set out the reasons for the rejection; or (iii) offer to resolve Your complaint with an alternative solution. In exceptional circumstances, if the Complaints Handler is unable to respond to Your complaint within 15 business days for reasons beyond our control, the Complaints Handler will send You a holding reply indicating the reasons for a delay in ansWering Your complaint and specifying the deadline by which the Complaints Handler will respond to Your complaint (which will be no later than 35 business days from our receipt of Your complaint.
Address : Financial Ombudsman Service, Exchange Tower, London E14 9SR.
Telephone : 0800 023 4567 or 0300 123 9 123.
Email : complaint.info@financial-ombudsman.org.uk
Website : http://www.financial-ombudsman.org.uk
16.1 In the event of a dispute arising out of or relating to this contract, including any question regarding its existence, validity or termination, the parties shall first seek settlement of that dispute by mediation in accordance with the LCIA Mediation Rules, which Rules are deemed to be incorporated by reference into this clause.
16.2 If the dispute is not settled by mediation within 7 days of the commencement of the mediation, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.
16.3 The language to be used in the mediation and in the arbitration shall be English The governing law of the contract shall be the substantive law of England and Wales.
16.4 In any arbitration commenced pursuant to this clause :
17.1 If We are unable to perform the Payment Services due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy We will not have any liability to You with respect to the Payment Services and for a time period coincident with the event. For the purposes of this clause “Force Majeure” means any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other industrial dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control.
18.1 Unlimited liability exceptions: Nothing in these terms excludes or limits the liability of either party for fraud, death or personal injury caused by its negligence, breach of terms implied by operation of law, or any other liability which may not by law be limited or excluded.
18.2 Exclusion of certain liabilities: To the maximum extent permitted by law, we will not be held liable for any indirect consequential or incidental losses including but not limited to loss if profit, business opportunity, data, or goodwill, regardless of the basis of the claim (whether in contract, tort or otherwise) unless caused solely by our gross negligence or willful misconduct.
18.3 Liability cap: Subject to the foregoing, our aggregate liability in respect of claims based on events arising out of or in connection with any single trade, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the total value of the specific transaction giving rise to the claim, less any commissions, fees or amounts payable to us related to the transaction.
18.4 Your total liability to us shall be limited to direct losses caused directly by your actions. You shall not be liable for indirect, consequential, or punitive damages, unless arising from your fraud or gross negligence.
19.1 You agree to defend, hold harmless and hereby indemnify us and each of our directors, employees, agents and brokers (each an “Indemnified Party”) from and against any loss, damage, cost, claim, proceeding, penalty, fine or expense, including legal fees, incurred by or suffered by any Indemnified Party which arises out of, or relates to, directly or indirectly:
19.2 We shall indemnify and hold you harmless from any direct damages, losses costs or expenses incurred as a result of: * our non-compliance with applicable regulatory requirements; or * unauthorised transactions caused solely by our gross negligence or willful misconduct.
20.1 We are an independent contractor for all purposes. Nothing in these Terms and Conditions shall be deemed or is intended to be deemed, nor shall it cause, You and us to be treated as partners, joint venturers, or otherwise as joint associates for profit, or either You or us to be treated as the agent of the other.
21.1 It is Your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions You conduct through the Payment Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.
22.1 We may amend or change these Terms and Conditions at any time by notifying You of the revised Terms and Conditions. Such notification may be provided by email and Your continued use of the Payment Services after the date of such notification shall constitute acceptance of any such amended Terms and Conditions.
22.2 If We make changes to the Payment Account fees we will give you 30 days notice before we make any change. You have the right to out of the changes applying to you by closing your Payment Account, if you chose not to, the changes will take effect.
23.1 We retain the ownership of all intellectual property rights in the content we create and display in connection with our Payment Account Services, website, social media platforms, marketing materials, logo and branding. This may extend to new products and services as they are introduced to the market.
23.2 You are prohibited from, directly or indirectly, without prior consent from us:
25.1 If any provision of these Terms and Conditions is or becomes (whether or not pursuant to any judgment or otherwise) invalid, illegal or unenforceable in any respect under the law of any jurisdiction: (i) the validity, legality and enforceability under the law of that jurisdiction of any other provision; and (ii) the validity, legality and enforceability under the law of any other jurisdiction of that or any other provision, shall not be affected or impaired in any way thereby.
25.2 If any provision of these Terms and Conditions shall be held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible from this Agreement and shall be deemed to be deleted from these Terms and Conditions and the validity, legality and enforceability of the remaining provisions shall not be affected.
26.1 These Terms and Conditions constitute the entire agreement between the parties with respect to the matters covered hereby and supersedes all previous written, oral or implied understandings between them with respect to such matters.
26.2 These Terms and Conditions shall be governed and construed in accordance with English law. The parties agree to irrevocably submit to the exclusive jurisdiction of the English courts.
The following documents are incorporated by reference into these Terms:
Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using this Application, Users confirm to meet the following requirements:
To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Service.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Application.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Registration of User accounts on this Application is subject to the conditions outlined below. By registering, Users agree to meet such conditions.
Users can terminate their account and stop using the Service at any time by doing the following:
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
The Owner holds and reserves all intellectual property rights for any such content.
Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on this Application, the User may download, copy and/or share some content available through this Application for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Through this Application Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
If copyright holders or their agents believe that any content on this Application infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Owner’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.
Copyright infringement notifications may be addressed to the Owner’s Copyright Agent at the contact details specified in this document.
This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to this Application or the Service, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:
Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to this Application are held by the Owner and/or its licensors.
Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of this Application and the Service offered.
This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.
All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.
Users may access their data relating to this Application via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses this Application, is bound by these Terms and, in addition, by the following specific terms:
Some of the Products provided on this Application, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Application.
Prices, descriptions or availability of Products are outlined in the respective sections of this Application and are subject to change without notice.
While Products on this Application are presented with the greatest accuracy technically possible, representation on this Application through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
When the User submits an order, the following applies:
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on this Application are displayed:
Information related to accepted payment methods is made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Application.
All payments are independently processed through third-party services. Therefore, this Application does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. The User may read the privacy policy of this Application to learn more about the data processing and Users’ rights regarding their data.
If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
The purchased service shall be performed or made available within the timeframe specified on this Application or as communicated before the order submission.
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory withdrawal right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this section. The Consumer shall only be liable to the Seller for any diminution in the value of the goods resulting from handling the goods in a manner other than that necessary to acquaint him with the nature, characteristics and functionality of the goods.
To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
Where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the User shall pay to the Owner an amount which is in proportion to the part of service provided.
Such payment shall be calculated based on the economic value of the service and be proportional to the part of service provided until the time the User withdraws compared to the full coverage of the contract.
The right of withdrawal does not apply to contracts:
Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14 days), for any reason and without justification.
Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about the cancellation conditions within this section.
To exercise their right to cancel, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the cancellation period expires.
When does the cancellation period expire?
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to a person authorized by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract.
The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld until reception of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest.
Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning.
The costs of returning the goods are borne by the User.
Unless an applicable exception is stated below, Users who are Consumers in Brazil have a legal right of regret under Brazilian law. This means that the Consumer has the right to withdraw from contracts made online (distance contracts or any contract signed away from business premises) within seven (7) days of the date the contract was entered into or the receipt of the product or service, for any reason and without justification. Users that do not qualify as Consumers, cannot benefit from the rights described in this section. The right of regret may be exercised by the Consumer via contact channels listed at the beginning of this document and in accordance with the guidelines in this section.
To exercise their right of regret, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the regret notice before the regret period expires. When does the regret period expire?
Regarding the purchase of goods, the regret period expires seven (7) days after the day on which the User or a third party designated by the User – other than the carrier – receives the goods.
Regarding the purchase of several goods ordered together but delivered separately, or in case of the purchase of a single good consisting of multiple lots or pieces delivered separately, the regret period expires seven (7) days after the day on which the User or a third party designated by the User – other than the carrier receives the last good, lot or piece.
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract or the actual return of the product, whichever occurs later. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to a person authorized by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract.
The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-day period for returning the goods. The reimbursement may be withheld until receipt of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest.
Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning.
The costs of returning the goods are borne by the Owner.
Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of material contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as this Application has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
In particular, within the limits stated above, the Owner shall not be liable for:
Notwithstanding the above, the following limitation applies to all Users not qualifying as Consumers:
In any event of liability, the compensation may not exceed the total payments that have been, will be or would be received by the Owner from the User based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter.
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar state and territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.
This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users' own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:
In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw personal data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.
To learn more about the use of their personal data, Users may refer to the privacy policy of this Application.
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User from the date communicated to Users onwards.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
All communications relating to the use of this Application must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Application or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 21 days of receiving it.
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts.
As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such platform for resolving disputes stemming from contracts which have been entered into online. The platform is available at the following link.