1. PREAMBLE
The Company under the name “COSMOTE Payments – ELECTRONIC MONEY SERVICES SINGLE MEMBER SOCIETE ANONYME” (hereinafter, “Company”) with TIN: 800995166/ Tax Office FAE of Athens, which has its registered office in Maroussi, Attica, 99 Kifissias Avenue, with GCR number 146551801000, is a duly authorized Electronic Money Institution (“EMI”) by its supervisor Bank of Greece (“BoG”), pursuant to the provisions of Law 4021/2011, of Law 4537/2018 and of the Act of the Executive Committee of BoG 164/2/13.12.2019, as in force, with EMI BoG registration number 3, for the provision of electronic money and payment services.
The Company shall provide a debit card (hereinafter, “Card”) to the Customer under the following terms and conditions, all of which are considered material. Especially for payment services, the terms of the Framework Service Agreement – Terms of Use of E-Wallet of the Company (hereinafter, “Framework Agreement”) shall also additionally apply, the terms of which shall take precedence over these terms regarding these services.
The charges for the provision of payment services of the Company, as well as any other charges applied during the use of the Card, can be found on the websites www.cosmotepayments.gr & www.payzy.gr.
The Card provides the Customer with the ability of purchases and cash withdrawals globally, as well as through the internet, of telephone and mail orders, of payments of bills, subscriptions, etc. The abovementioned transactions shall be conducted by debiting the Customer’s account which connected with the Card.
2. PROVISION OF CARD / PERSONAL IDENTIFICATION NUMBER
2.1 The provision of the Card shall be made upon request of the Customer through the “payzy by COSMOTE” application (hereinafter, the “Application”) and the provision by them of all required documents by the Company. The Card requested by the Customer is:
- in virtual form (hereinafter, “Virtual Card”), with issuance costs borne by the Customer.
- in physical – plastic form (hereinafter, “Plastic Card”), which shall be sent to the declared address of the Customer by the Company, and the issuance and mailing costs shall be borne by the Customer.
Applicable Card issuance and/or shipping costs, as well as any other charges, can be found on the COSMOTE Payments website here and payzy by COSMOTE website here.
All terms hereof shall apply both to the Virtual and Plastic Card and where there is differentiation, this shall be explicitly indicated. In this case it will be clarified for which type of Card the specific term applies. The Customer can have at maximum three (3) Virtual Cards and one (1) Plastic Card. The Company shall be entitled to amend at any time the maximum permitted number of Cards of the Customer by updating/amending these Terms and the Application. The Card shall be issued exclusively in the name of the Customer. The information of the Card (card number, date of expiry and verification code CVV) shall be accessible by the Customer only after Strong Customer Authentication, which shall be achieved by the use of fingerprint of the Customer in a fingerprint recognition sensor of the device in which the Application has been installed or by the use of face recognition (Face id) of the Customer or the use of the respective security settings of the Device of the Customer. The Customer shall be obliged to use only their fingerprint (Touch id) or their face (Face id) and shall be exclusively responsible so that no means of authentication and login of a third party is stored on the Application and their Device. The Customer can set a friendly name for their Card in the Application.
2.2 The Company shall be entitled not to approve the issue of Card to the Customer, at its absolute discretion, for reasons that may be notified by it through the Application or by other appropriate means. The Card throughout its validity shall remain in the ownership of the Company and its use shall be strictly personal. The transfer, concession, or use of the Card by any third party shall be prohibited and must be returned immediately in case it is requested by any person acting by order and on behalf of the Company.
2.3 The Plastic Card will be delivered deactivated each time (issue, reissue, renewal) to the Customer by mail, in a specially sealed envelope. The Customer shall be informed of the charge of issue and dispatch of the Plastic Card through the Application and shall proceed to its payment before the sending of the order. The Customer shall be entitled to amend at any time the charge of issue and dispatch of the Plastic Card, informing the Customer by any appropriate means (e.g. through the Application) for the amendment and date of entry into force thereof. The Customer shall undertake the risk and the costs of issue and dispatch in case they have not declared the exact mailing address for the Plastic Card or any changes therein. The Customer may cancel the order of the Plastic Card from the Application, without however the cost of issue and dispatch being reimbursed to them. The Plastic Card, at the discretion of the Company, may be delivered to the Customer or to any person authorized by them. The Plastic Card shall be sent deactivated and shall be activated by the Customer according to its activation steps as set out through the Application.
2.4 The Virtual Card shall be activated automatically upon its issue by the Company.
2.5 The Plastic Card together with the personal identification number (ΡΙΝ) shall be equivalent to the electronic signature of the Customer. After the activation of the Card by the Customer in accordance with the provisions of paragraphs 2.3 and 2.4 above, the Customer shall be informed of the PIN through the Application and according to the instructions provided to them through the Application.
The ΡΙΝ shall be strictly personal and its use shall fully substitute the signature of the Customer. The PIΝ shall be produced electronically under absolutely controlled security conditions that make its reproduction impossible and shall be notified to the Customer through the Application. The PΙΝ shall be used only in combination with the Card to which it corresponds.
It is explicitly prohibited to disclose the ΡΙΝ to any third party and the Customer shall be obliged to memorize it immediately after its notification by the Company, without writing it anywhere, while its keeping in a document or other readable form shall constitute gross negligence on the part of the Customer. The Customer shall be exclusively liable and shall bear the risk of any damage, theirs or of the Company, caused by unauthorized access to the PIN in any way. In case of leakage, theft, or suspicion of leakage of the ΡΙΝ, the Customer must immediately notify the customer service call centre of the Company calling at 210.20.20.210 or any other number notified to the Customer. The Company reserves the right to also request from the Customer a written notification on the above.
The PIN cannot be changed by the Customer from the Application, but it can be changed at any ATM. The Company shall be entitled to amend the methods of change of PIN following respective information of the Customer through the Application or by other appropriate means.
2.6 The Customer may authorize and grant a mandate to the Company, for transactions on their behalf using the Card and the signature of the holder at point of sale, or using the card in combination with the ΡΙΝ for transactions at points of sale or transactions through ATM, or using the number of the Card and, in certain cases, for transactions by mail, telephone, Internet or through a security system and authorization using the Card and signature of the Customer if the other types of authorization are not available or supported. In this framework, additional conditions may arise according to Strong Customer Authentication Procedure in accordance with the Framework Agreement. The Customer shall be obliged to use the Card and fulfil their obligations deriving from this agreement and inform immediately the Company in case of change in their details.
2.7 The Customer shall be obliged to sign immediately in ballpoint pen on the specific area of the body of the Plastic Card, before they proceed to any transaction, for its legal use and accurate observance of the terms of this agreement. The Customer shall be obliged to observe the Card and PIN security and protection rules, not to allow any third party to possess and use the Card or PIN, not to disclose the PIN to third parties. The Company shall bear no liability towards the Customer, if their Card is used by a third party that knows or composes by chance the PIN, if the Customer has not notified any unauthorized use to the Company according to those mentioned herein.
2.8 The original validity of the Card shall be for (5) years from the date of its issue and then it shall be renewed every five (5) years, upon previous approval by the Company. In case the Customer does not wish the renewal of the Card, they must notify the Company in writing sixty (60) days before its expiry. The Company shall retain the right not to renew the Card upon its expiry for reasons related to its policy or for reasons of protection of transactions and/or of the Customer themselves or for other good reason, notifying that to the Customer. The Customer declares that they recognize and accept that the Card must not be used if this agreement is dissolved, after the expiry of its term of validity or if loss or theft thereof has been declared or its use has been cancelled or suspended.
3. CUSTOMER OBLIGATIONS AND RIGHTS – LOSS/THEFT OF CARD – CARD PIN
3.1 The Customer shall be obliged: (a) to use the Card according to the terms of this agreement and to take all appropriate measures for the safekeeping of the Card and the respective PΙΝ which allows its use and (b) to notify without delay the Company at the Card Loss Line, calling the number of the Loss/Theft Declaration Service 210.20.20.210 or any other number notified to the Customer, and proceed to the cancellation of the Card through the Application, as soon as they understand the loss or theft or use by a non-beneficiary or misappropriation or unauthorized use of the Card or of the respective PIN. In any case the Company reserves the right to also request from the Customer a written notification on the above.
3.2 The Customer will be compensated by the Company only if they notify it without delay as soon as they are informed of any unauthorized or wrongly executed payment act and no later than thirteen (13) months from the date of debit. Subject to the above in case of an unauthorized act (conducted through the Card as service card through ATM and not for payment acts initiated by a beneficiary or through a beneficiary), the Company shall be obliged to reimburse to the Customer the amount of the unauthorized act and, as appropriate, to restore the debited payment account to the state it would be if the unauthorized payment act had not been conducted.
3.3 Notwithstanding the above, the Customer shall be liable regarding an unauthorized payment act up to the maximum amount of EUR 50.00 for the damages from carrying out unauthorized payment transactions, which result either from the use of a lost or stolen means of payment or from its misappropriation. Such liability shall not apply if the theft, loss, or misappropriation of the Card was not detected by the Customer as payer before the conduct of the payment transaction, unless the Customer acted fraudulently as payer. 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 Article 13.5 and Article 3.2 of the General Terms. In these cases, the maximum amount mentioned in the first verse of this paragraph does not apply.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.
The previous verse does not apply, if the provider proves that it has and implements additional, effective and more sophisticated transaction control mechanisms for the strong 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.
3.4 From the notification to the Company, the Customer shall no longer bear liability for the damages from the loss or misappropriation or theft of the Card, unless they have acted fraudulently or in gross negligence. The Company shall bear no liability for damage of the Customer that was caused by theft or loss of the Card and use thereof in an ATM prior to the notification of the loss or theft to the Company. The Company is authorized by this agreement to record by magnetic medium the telephone declaration of the Customer regarding its loss or theft or other issue.
3.5 The reissue of the Card and the respective ΡΙΝ will be subject to compliance with the terms of this agreement immediately after the declaration of loss or theft by the Customer, unless the Customer requests, in writing or through the Call Service Centre or by calling the Card Service Line, not to reissue the Card.
4. USE OF CARD
4.1 The Card shall be connected with the payment account of the Customer in order to be able to make transactions with the Card, to use the Card for transactions in the domestic market and abroad as described below. More specifically:
(1) for Transactions through card acceptance terminal devices (eftPoS) in stores of traders that accept payments with card either using PIN or contactless (NFC) and, in particular, through the international card scheme with which the Company cooperates for the issue of the Card;
(2) to ATM, for cash withdrawal, as well as for conducting any transaction supported by the ATM, 24 hours a day in real time;
(3) for remote Transactions on-line in on-line stores (e-commerce) of traders who accept payments through the international card scheme with which the Company cooperates, that is, the VISA international organization, for the issue of the Card or through mobile order/telephone order (ΜΟΤΟ) in a secure system of the trader;
(4) through storage of the Card in wallets of third parties (e.g. Apple Pay, Google Pay) and conduct of transactions contactless through smart devices of the Users (smartphone, smartwatch) in card acceptance terminal devices (eftPoS) in stores of traders that accept payments with card, in ATM that support the execution of contactless transactions(NFC), if the Company has relevant cooperation with the third party wallets. The procedure of storage in third party wallets will be initiated through the Application.
Any transaction with Plastic Card shall be completed by the registration of the ΡΙΝ (except for contactless transactions up to the provided for amount from time to time) in the card acceptance terminal device (eftPoS) and/or by the registration of the details indicated on the Card, such as surname, card number, expiry date and verification code (CVV) —especially for remote electronic transactions— after Strong Customer Authentication through 3DS verification (3D Secure), where the Customer is invited to approve the transaction through the Application. The Customer may be informed of the terms of Transaction Security Service 3D Secure either on the websites www.cosmotepayments.gr & www.payzy.gr or on the website they register the details of their Card during the application of execution of the remote electronic transaction.
Any transaction with Virtual Card shall be completed, for remote electronic transactions, by the registration of the details indicated on the Card —and to which the Customer shall have access within the Application— such as surname, card number, expiry date and verification code (CVV) after Strong Customer Authentication through 3DS verification (3D Secure), where the Customer is invited to approve the transaction through the Application.
In case (4), any transaction is completed as set out by the terms of use of each wallet. The Users can activate or deactivate as they wish the use of the Card for contactless transactions, e-commerce transactions, withdrawals, etc., through the Application.
By the above means the Customer irrevocably authorizes the Company and consents to it conducting the necessary Payment Acts for the completion of the desired by the Customer Card transaction, by redemption of the balance of electronic money they have in their payment account.
The Card transaction will not be completed if:
(a) The available Electronic Money Balance existing in the payment account of the Customer is not sufficient for the coverage of the amount of the Transaction and of any additional Charges by the Company and/or
(b) the Customer has exceeded the maximum daily limit of Card transactions that may have been set either by the Company or by the Customer themselves within the Application or has exceeded the maximum permitted limit of transactions of the payment account or in case their Card has been suspended. The Company can unilaterally set restrictions (related to time and/or quantity) regarding financial limits (in Euro) for the Card Transactions, at its absolute discretion, both for the security of Transactions of the Users, but also for its compliance with the applicable legislation from time to time. Correspondingly, the Company may amend at any time and at its discretion the provided Transaction Limits from time to time, including Card Transactions. The Company shall inform the Users on the applicable Transaction Limits and Card Transactions Limits from time to time through the Application, where they shall be able to receive the necessary information.
(c) the Company shall reject at its discretion the conduct of the Transaction for reasonable reason, e.g. for reasons due to its compliance with the applicable legislation and/or for reasons of transactions security.
(d) the Customer has chosen to freeze the use of the Card in whole or in part (e.g. e-commerce transactions) from the Application.
(e) the Customer has not tokenized the Card in third-party wallets (e.g. Apple Pay, Google Pay) via the tokenization process initiated through the Application or has not activated the function of performing contactless transactions (NFC).
(f) the specific payment is not supported by the Company, according to what is stated here and here. The Company reserves the right to change the list of the Card supported payments at any time, without prior notice to Users.
4.2 In case the Customer has authorized the Company for the execution of a payment act either (a) by combined use of the Card and the PIN at points of sale (POS) through card acceptance terminal devices (eftPoS) in stores of traders that accept payments with card either by the use of PIN or contactless (NFC) and, specifically, through the international card scheme with which the Company is cooperating for the issue of the Card, that is, the VISA international organization, and/or at ATMs or (b) by indication/registration of Card number and, in some cases, of security code(s) for transactions through mail, telephone, Internet or by using a Secure System or (c) by combined use of Card and signature in case any other choice of authorization is not available, it is agreed that the above shall constitute full and exclusive evidence of the authorization of the Customer to the Company for the execution of the payment act. The combined application of details of the Customer Card shall determine their identity, shall identify them, and shall have the same effect as the effect of their handwritten signature for granting transaction orders. The Customer accepts that any transaction executed by the Company and having been activated by the combined use of their personal codes and/or details of the Customer Card comes from and is considered approved by them, evidence to the contrary being permitted in accordance with the applicable provisions of the Greek legislation from time to time. The Customer also recognises that, in this framework, additional conditions may arise in accordance with the customer strong authentication process that the Company may establish in accordance with the Framework Agreement.
4.3 The Customer recognises that for their transactions regarding the Card as payment instrument, the Company shall set out at the end of the working day cut-off times per service provision channel, as well as cut off times related to the conversion of currency and shall be set out on the website of the Company.
4.4 The Customer can conduct transactions for the purchase of goods and/or services with all businesses that have the VISA trademark and have entered the VISA network, as well as cash withdrawals at ATMs having the VISA trademark, within the country or abroad (hereinafter “Businesses/Business”) within the framework of good faith and their financial abilities. The debit of the Customer account with the amount of the respective transaction shall be completed on the date of settlement of the transaction by VISA international organization, where relevant information shall be sent to the Company for the respective final debit of the account, which may include any costs of the intermediary credit institutions and/or of the VISA international organization. The Card shall be valid internationally and may be used for transactions and withdrawals abroad. The Customer may proceed to payments and cash withdrawals in other currencies, as well, depending on the country in which they initiate the transaction order, the nationality of the trader, etc.
4.4.1 For every transaction with a Business, the Customer will sign a special form (hereinafter “Debit Form”) which will be issued either from a manual mechanical printer (imprinter) or from an electronic device of Card acceptance and indication of the transaction (EFT/ΡΟS), or will enter their ΡΙΝ on the above devices, taking all necessary measures so that it is not disclosed to third parties. By this signature or the entrance of the PIN, the Company shall be authorized to debit the account of their Card with the amount of the transaction and pay respectively the Business.
4.4.2 The details of the transaction with a Business, as well as the amount thereof, will be filled in in the Debit Forms always in the presence of the Customer, unless they are remote transactions for which the following shall apply.
4.4.3 The Customer, with the terms of this agreement, for any type of Card transaction with a Business (remotely or in person) grants to the Company the irrevocable mandate and authorization to pay the Business on their behalf and to debit their account which is connected with the Card with amounts indicated in the debit forms or corresponding documents that the Businesses will present, as the case may be, with the price of the transaction to be carried out through the Card, as well as with any expenses and the foreign exchange difference resulting from the type of transaction, in order for the Business to be paid respectively in the framework of the applicable relevant legislation from time to time and those agreed between the Business and the Customer each time, for the breach of which the Company shall bear no liability. The Customer shall be responsible throughout the validity duration of the Card for the existence of a sufficient available balance which shall always cover the transactions through the Card up to the determined daily limit of Card transactions from time to time, always taking into account cumulatively any orders that have been executed but have not been debited yet to the account, the transactions under execution and settlement, any applicable expenses of all kinds for the corresponding transactions, including the expenses occurring from any exchange rates and the issuance costs. Transactions in foreign currency by using the Card shall be subject to charges in relation to the place of execution thereof, to any expenses of the intermediary credit institutions and/or VISA international organization, and if they are conducted within the amount limits set out each time by the banks, the ATMs of which are used. Any debt from any transaction of this type in countries outside the euro area shall be converted into euro according to the applicable exchange rate (selling price) on the date on which the transaction is debited to the account in accordance with VISA procedures, and, therefore, the date of conversion may not be the date of the transaction. In case the Customer chooses to conduct the transaction remotely, giving an electronic, mail or phone order within the country or abroad, they recognise that they undertake the respective liability and the risk of giving the respective orders. The Customer shall be entitled to grant standing or not orders for the payment of their repeated or individual obligations through the debit of the main account that has been declared as such without signing a Debit Form, assuming the respective liability and the risk.
Abroad, the Customer can withdraw cash from their account through ATMs and POSs of Banks bearing the VISA international trademark, as well as other transactions as described in Article 4.1 above, according to the terms, conditions and any charges announced to them each time by the Company and any decisions of the competent Authorities. In addition, the Customer may conduct transactions of balance query at ATMs abroad, the Company reserving the right to announce the ability of conduct of other transactions as well in the future. Transactions at ATMs and POSs of Banks abroad shall be charged with expenses. Applicable expenses from time to time are indicated in the tariff of operations of the Company which is made available to the Customer, according to the provisions of the applicable regulatory provisions, and is posted on its websites www.cosmotepayments.gr and www.payzy.gr.
Any debt from a transaction in countries outside the euro zone shall be converted into euro according to the applicable exchange rate (selling price) on the date on which the transaction is debited to the account in accordance with the VISA procedures, and, therefore, the date of conversion cannot not be the date of the transaction. Thus, the amount that will be committed until the settlement and the final debit of the Customer account shall include and cover both the above percentage of coverage of any exchange difference, while the amount that will be finally debited to the Customer account following the settlement shall consist of the amount of the transaction adjusted according to the exchange rate determined by Visa. The Company does not have control and shall not be liable for the time of processing of details by VISA and may include any expenses of the Intermediary credit institutions. In addition to the above charges, the Customer may be charged with a transaction fee by the bank of the country that processes the transaction. The price of the above transactions will appear on the account separately.
The equivalent of withdrawal in Euro for the debit of the account shall be calculated based on the price determined by the VISA international organization, at the date and time of processing and settlement of the transaction. For transactions in currency of an EEA country, the Customer may be informed on cross-border charges and exchange rates through the link https://www.cosmotepayments.gr/en_abroad.html .For the other transactions in foreign currency, the Customer can be informed on the applicable rates for the conversion of currencies used by the above international organization through its website (https://www.visaeurope.com/making-payments/exchange-rates) where an electronic conversion mechanism is available. Considering that exchange rates change continuously, the exchange rate applied at the time of processing and settlement of the transaction may be different from that applicable at the time of conduct of the transaction.
4.4.4 The Customer shall be entitled to reimbursement by the Company of amounts corresponding to an approved payment act which was initiated by a beneficiary or through it and has already been executed if the following conditions are met: (a) upon 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 Customer, taking into account the form, their previous habits of expenses, the terms of the framework payment service agreement and the respective circumstances of the case and (c) the request for reimbursement is submitted within a deadline of eight (8) weeks from the date of debit of their payment account with the corresponding amounts. When the Customer requests reimbursement, they 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 payment account of the payer shall not be later than the date of debit of the payment account with the amount of the payment act. The Company must reimburse the amount within (10) business days from the submission of the request by the Customer. The Company shall be entitled to request additional details from the Customer at its discretion. In such a case, the time limit of ten (10) business days shall start from the date of receipt of the above details. The Company, in case of refusal of reimbursement of the amount, shall be obliged to justify its refusal and indicate to the Customer the entities to which they can refer to for out-of-court dispute resolution. More information is provided on the websites of the Company (cosmotepayments.gr and payzy.gr) and the official websites of the entities.
The Customer, as payer, accepts that reference exchange rate is the electronic platform of the Company at the time of payment of the reimbursement amount and shall not be entitled to invoke reasons connected to currency conversion if reference exchange rate was applied.
4.4.5 The Customer shall not be entitled to request reimbursement when they have transmitted their order and their consent to the direct execution of the payment order to their payment service provider.
5. STATEMENTS (Transaction Statement)
5.1 The Company shall quarterly inform the Customer through the Application on the issue of a statement (hereinafter, “Transaction Statement”) which shall include the transactions and payment acts, including those conducted through the Card. The Customer shall be able to view their Transaction Statement on the Application. The Customer can also request a Transaction Statement of his Card for a specific period of time through the Application.
The Transaction Statement shall indicate all debits and transactions conducted using the Card for the respective time period, any withdrawals of cash carried out and any information as required by the legislation especially for payment acts as set out in the Framework Agreement. They shall also indicate, among others, the date and description of each transaction conducted, payments made within the period covered by the Transaction Statement, as well as the respective exchange rate applied at the time of debit of the respective account in case of conversion of currencies for a payment act.
Transactions made but not indicated on the Transaction Statement shall appear on the next Transaction Statement. The Customer recognises and accepts that in case they do not receive a Transaction Statement for any reason, their obligation shall continue to exist towards the Company.
The Customer must read carefully at regular intervals all Transaction Statements or movements of their accounts and promptly declare to the Company their objection to them, especially within the deadlines set out herein and in the Framework Agreement as in force from time to time, regarding unauthorized or incorrect payment acts through ATMs. The Customer may challenge or provide evidence to the contrary, promptly, in writing and justifiably, regarding the content of the Transaction Statement on which there will be a reminder of this possibility. If the correctness of challenge of the transaction(s) is found by the Company, the paid amounts will be reversed according to the terms of the Framework Agreement.
5.2 The Customer agrees that regarding the amount of the payment act in euro, the national payment acts in the currency of the member state outside the euro area and payment acts requiring only one currency conversion between the euro and the official currency of a member state outside the euro area, if the required conversion is conducted in the member state that does not use the euro and in the case of cross-border payment transactions the cross-border transfer is conducted in euro to and from a payment account in the European Union, the Company shall be obliged to ensure that the amount of the payment act is credited to the payment account of the payment service provider no later than the end of the next business day after the time of receipt of payment orders (cut off times), as set out by the Company (and notified to the Customer/principal on the website of the Company) with value date according to Article 86 paragraph 1 of Law 4537/2018. If the time of receipt of the payment order is later than the cut off time of the Company, then the next business day is determined as time of receipt of the payment order. In case of a holiday, the amount shall be credited to the account of the beneficiary of payment on the next business day. The above deadline can be extended by one additional business day for payment acts performed in print form. In any case, the Company shall be entitled to perform them earlier than the above deadlines.
5.3 The Company shall bear no liability for actions or omissions of the businesses and of the Customer regarding the relationships between them. In case the transaction is conducted in a currency other than euro, the exchange rate shall be determined by the Banks and Organizations involved, which participate in the procedure of settlement and completion of the transaction. The Customer accepts the method of calculation of exchange rate and shall not be entitled to challenge it.
6. OFFSETTING
The Company is hereby irrevocably authorized for the offsetting of its claims from the use of the respective card against any counterclaim of the Customer, wherever it comes from, in any currency or foreign currency.
7. TERM OF AGREEMENT – CANCELLATION – SUSPENSION OF CARD VALIDITY– TERMINATION
7.1 The term hereof is indefinite. The Customer shall be obliged at any time to terminate this agreement by a document to the Company, cancelling at the same time the Card and cutting it off or destroying it and/or returning it to the Company. Until its delivery according to the above, the Customer shall be fully liable for the transactions conducted with the Card. The use of the Card after its cancellation in any way or expiry shall be forbidden.
7.2 The Company shall be entitled to suspend, to refuse the reissue or replacement or use of the Card, for objectively justified reasons regarding the security of the Card, or the suspicion or doubt of unauthorized or unlawful use thereof, or for reasons of transactions security, or for other reasons related to the identity of the Customer, or for reasons of compliance with the applicable regulatory and legislative framework from time to time. The Company, in the above cases, shall inform the Customer by any means deemed appropriate by it, of the suspension of use of the Card and the reasons for the suspension, if possible prior to the suspension of use of the Card or at the latest immediately after, unless this information is contrary to objectively justified security reasons or it is forbidden by the European or national legislative or regulatory framework. If notification is conducted through communication by phone, it shall be recorded on a magnetic medium for security reasons. In case of termination or removal of the reasons of suspension, the Company shall proceed to the removal of suspension of the Card or to its replacement.
7.3 The Company shall be entitled to terminate this agreement and cancel the Card, in case of good reason, such as breach by the Customer of any of the terms hereof, all of which are considered material, notifying at the same time its decision to the Customer. The Company shall also be entitled to terminate this agreement with immediate effect and cancel the Card in case of breach by the Customer of the applicable legislative and regulatory framework, such as, for example, money laundering, terrorist financing, etc. As soon as the Customer is notified by the Company of the suspension/cancellation of use of the Card, they shall be obliged to immediately return the Plastic Card to the Company.
7.4 It is explicitly agreed that in case of termination of the Framework Agreement, this agreement shall also be terminated.
8. AMENDMENT TO TERMS OF THIS AGREEMENT FOR THE PROVISION AND USE OF DEBIT CARD
The Company may amend or supplement the terms of this agreement notifying the Customer two (2) months in advance. In any case, the Customer recognises and declares that the Company shall consider that they have accepted these amendments if they have not notified their non-acceptance thereof to the Company before the suggested date of entry into force thereof. It is agreed between the parties that the changes of exchange rates may apply immediately and without previous notification if the changes are based on the interest rates or reference exchange rates agreed. In case of objection of the Customer, the Customer recognises that their objection entails the termination of this agreement by them. In this case the Card shall be cancelled, and the Customer shall be obliged to return the Plastic Card to the Company.
9. INFORMATION
Any other information of the Company concerning the Customer in addition to those agreed for the Statements, according to clause 5 above, shall be addressed/sent to the Customer either to the email address declared last to the Company by the Customer or through the Application. The Customer shall be able to address any request thereof to Company at the address and phone numbers notified through the prospectuses and respective Statements, as well as through the Application.
10. PERSONAL DATA
The Customer can be informed at any time on the processing, within the meaning of Regulation (EU) 2016/679 and the respective law on its implementation, by the Company of personal data, information and details kept in the Company from the “Data Privacy Notice” of the Company, as applicable from time to time, which is promptly and easily available on its official website and in its stores, as it explains which information is collected, how this information is used, with whom such information will be shared, the cases in which it shall be transmitted, the actions in order to remain private and secure and the rights of data subjects, and that in any case the Data Privacy Notice must be read carefully.
11. OTHER TERMS-GOVERNING LAW- RIGHT OF WITHDRAWAL
The Company only shall be entitled to assign or transfer to other(s) credit and, in general, financial organizations its claims and rights deriving from this agreement without the previous consent of the Customer, who, however, shall be informed by the Company in writing or through the Application in case of such assignment/transfer, unless the Company continues to manage the transaction relationship towards the Customer.
Any invalidity of any of the terms hereof shall not result to the invalidity of the other terms and of this agreement. Any delay of the Company to exercise a right thereof may not be assumed or interpreted as waiver of such right.
The Customer recognizes and accepts that this agreement forms an integral part of the Terms and Conditions of Use of the “payzy by Cosmote” Application, of the Framework Service Agreement – Terms of Use of E-Wallet of COSMOTE Payments and of the tariff table of provided services of the Company, where additional information is indicated on the execution of payment transactions, cut-off times of operations of the Company and cut-off times in relation to currency conversion, as applicable, that the Customer has accepted and declares that they know they are available on the website of the Company and at the Call Center services by the Company.
This is a remote agreement and the Customer by the acceptance of these terms declares that they have received the information provided for by law. The Customer can store, print the entire text of these Terms and/or request such text to be sent to them in paper form upon the submission of a written request to the Company. The Customer shall be entitled to withdraw from this agreement in writing, without reason, within fourteen (14) calendar days from the acceptance of these Terms of Provision and Use of the Card. In case of withdrawal, the Customer shall only be obliged to pay any issuance costs of the Card. The Customer can declare his/her withdrawal from these Terms of Use by sending a relevant request via e-mail to the e-mail address complaints@cosmotepayments.gr, based on the following template:
To: COSMOTE PAYMENTS – ELECTRONIC MONEY SERVICES SINGLE MEMBER SOCIETE ANONYME, 99 Kifisias Ave. (Maroussi, Attica)
I, the undersigned …….……………… hereby notify that I am withdrawing from the contract dated on …/…/……., for granting and using a VISA debit card with number …………………, from COSMOTE PAYMENTS
Signature ………………….. Date …./…../
The Customer declares that all details declared by them, and documents are accurate and true and accepts that they shall be obliged to promptly inform the Company of any change in their details. Any document or notification shall be sent or notified to the Customer at the address or email address they have declared to the Company for the provision of the Card, unless they notify the Company of its change. The Customer declares and consents to direct communication of the Company with them at any time, in case of suspicion of conduct of an irregular transaction with their Card, for confirmation of their details. Such communication shall be made by phone, at the contact phone address that the Customer has declared to the Company and shall be recorded for reasons of protection of their interests.
Any dispute between the Customer and the Company in relation to or on the occasion of this agreement shall be resolved by the Courts of the Customer’s residence or registered office, or of the place of conclusion of this agreement. This agreement shall be governed by the Greek law without prejudice to mandatory legal provisions regarding consumer protection of the German legislation, in case they lay down something different.
12. COMMUNICATION- OUT-OF-COURT DISPUTE RESOLUTION
The Customer, for any grievance, complaint or other dispute regarding the Card may refer to the Company, by contacting at the phone number 210.20.20.210 or filling in the corresponding electronic form at the electronic address www.cosmotepayments.gr or sending an email at the email address complaints@cosmotepayments.gr or sending a respective complaint to “COSMOTE Payments – ELECTRONIC MONEY SERVICES SINGLE MEMBER SOCIETE ANONYME”, 99, Kifissias Avenue, Maroussi, Attica, or formulating a respective request through the Application.
Any Customer may directly submit a complaint to the Company, which shall make every effort to respond in paper or electronic form to the Customer within fifteen (15) business days from the receipt of the complaint.
For the alternative/out-of-court resolution of disputes that may arise between the Customer and the Company regarding the rights and obligations deriving from these terms and the relevant legislation, the User can refer to the Independent Authority “Greek Ombudsman” (144, Alexandras Avenue, 11471 Athens, tel. +30 210 6460862, +30 210 6460814 etc., central email: grammateia@synigoroskatanaloti.gr, http://www.synigoroskatanaloti.gr), or to the entity of Hellenic Financial Ombudsman (1, Massalias Street, 10680 Athens, www.hobis.gr, tel. +30 210 3376700).
The Users can be informed on the alternative/out-of-court resolution of disputes and the entities of Alternative Dispute Resolution (ADR), which are registered in the ADR Register and to whom they can refer to, from the website of the Ministry of Development http://www.mindev.gov.gr at the section “For Citizen-Consumer/Issues of Consumer Information & Protection/Service/Alternative Resolution of Consumer Disputes”.
The Users, for any dispute arising from this agreement, may use the On-line Dispute Resolution platform of the European Commission which can be found at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show&lng=EN