General Terms and Conditions for the brokerage of prepaid cards
Status: March 2021
(1) XPAY Solutions GmbH with the registered address Stuntzstraße 16, 81677 Munich, Amtsgericht München, HRB 225853 ("we", "us"), provides you ("you" or "customer") with the opportunity to obtain a Mastercard®-based prepaid card (the "Prepaid Card"). For this purpose, we provide one or more landing pages (the "Landing Page") on which you can register and order a Prepaid Card.
Since the prepaid card is produced individually for you (embossed with your name), the production of the prepaid card is carried out separately on the basis of an independent contract with the issuer (see paragraph (2)).
By ordering the prepaid card, you also enter into a contract with us and accept these GTC as part of the contract. You can find more information about us in the imprint.
(2) The Prepaid Card is distributed by us. The Prepaid Card is issued by UAB "PAYRNET" (hereinafter referred to as 'PayrNet' or 'the Issuer'). PayrNet is a company registered in the Republic of Lithuania (company number: 305264430) with its head office at, Islandijos str. 6, LT-01117, Vilnius, Republic of Lithuania, and registered office at Girulių str. 20, LT-12123 Vilnius, Republic of Lithuania. PayrNet is an electronic money institution ('Electronic Money Institution') and is licensed by the Bank of Lithuania under the Law on Electronic Money and Electronic Money Institutions (License No. 72, Authorization Code LB001994, issued on 28.08.2020) to issue electronic money and provide related payment services.
Kunden GmbH ('DKG'), with its registered office at Stuntzstrasse 16, 81677 Munich, Germany, registered in Germany in the Commercial Register under No. 174202, is entrusted with the technical administration of the card business on the part of PayrNet as so-called Program Manager. When you order the Prepaid Card, a contractual relationship shall come into existence between you and the Issuer (the "Prepaid Card Agreement") in addition to the User Agreement, of which these GTC are an integral part.
(3) When you order the prepaid card, we will invoice you for the one-time fee for the provision and production of the prepaid card as well as any shipping costs and collect them on behalf of the issuer. The costs incurred will be displayed to you on the landing page when you order the prepaid card. In addition, we will ensure that the prepaid card is sent to you, provided that you meet the requirements of the prepaid card contract and the check by the issuer does not reveal any circumstances that prevent the prepaid card from being made available to you.
(4) The following General Terms and Conditions (hereinafter "GTC") govern the rights and obligations of us in connection with the provision of the prepaid card to you.
(5) We may always make changes to these GTC, including the inclusion of additional terms and conditions. We will notify you of any amendments to these GTC in writing or by e-mail. If you do not object to such amendments within six weeks of receipt of the notification, the amendments shall be deemed to have been agreed. You will be informed separately of the right to object and the legal consequences of silence in the event of an amendment to the GTC. In the event of changes, the new version of the GTC can also be viewed under GTC Mediation Prepaid Card as of the effective date.
(6) We endeavor to keep the landing page accessible via the Internet as uninterruptedly as possible. However, due to the technical nature of the Internet, uninterrupted accessibility of the landing page is not owed. In particular, we do not guarantee the success of the respective access to the landing page as well as your order of a prepaid card. Whether and under which contractual conditions and regulations the publisher or Die Kunden GmbH provides you with the prepaid card is solely a decision of PayrNet and DKG and the form of your prepaid card contract.
(7) To order your prepaid card, you must go through the order process specified on the landing page.
(8) When ordering the prepaid card, the customer must provide his personal data, including address, telephone number, date of birth, nationality, e-mail address and any other data. We do not request any data beyond the requirements of the publisher or the responsible supervisory authority as part of the order. Depending on the design of the landing page or depending on the offer, a distinction may be made between the orderer and the subsequent cardholder. In this case, the data of the orderer and the cardholder may differ from each other and may be collected twice.
By placing an order for a prepaid card, the customer makes a binding offer to enter into a contract with us regarding the services described in these GTC and expressly agrees to the validity of these GTC. The customer can call up and save these GTC in this context. We will confirm receipt of the prepaid card order to the customer by e-mail. The confirmation of receipt does not constitute acceptance of the offer to conclude a contract. We reserve the right to verify the information provided by the customer and to decide on the basis of the verification whether to accept the contractual offer. After completion of the review and positive decision on the acceptance of the contract offer, we confirm the acceptance of the offer by way of an e-mail to the e-mail address provided by the customer, by written notification by mail or directly by sending the ordered card.
(9) The customer is obligated to truthfully and completely provide the data collected in accordance with section (8) during registration or when ordering the prepaid card, or to check the data used by us for correctness and completeness, if and to the extent that this data is not marked as voluntary. If the collected data changes after the order of the prepaid card according to clause (8) or is or becomes inaccurate or incomplete, the customer is obligated to immediately update his data to this effect or to otherwise provide us with the changed data. The use of pen names, pseudonyms or other fanciful names in the context of the name specification is not permitted.
(10) We are not a party to the contract between the Customer and the issuer or DKG, but merely mediate the possibility of concluding the prepaid card contract and collect the remuneration in this respect.
(11) The execution of the contract between the issuer or DKG and the customer regarding the issuance of the prepaid card, as well as the use of the prepaid card and its function, is the sole responsibility of the respective customer and the issuer or DKG. We do not guarantee the fulfillment of the prepaid card contract nor do we assume any liability for defects. We shall not be responsible in any way for the functionality of the prepaid card.
(13) The copyright and exclusive right of use for published objects (web pages, scripts, programs, graphics) created by us, in particular the landing page, remains solely with us.
(14) Any duplication or use of elements of the landing page in other electronic or printed publications, in particular on other Internet pages, is not permitted without our express consent. We shall be exclusively entitled to the comprehensive copyright with all powers according to § 12 to § 27 UrhG (German Copyright Act) to all documents, information and contractual items created within the scope of the contract initiation and the contractual services, unless otherwise agreed in writing.
(15) We shall not be liable to the Customer for damage to legal assets other than life, limb or health, unless the damage is due to intentional or grossly negligent conduct by us, one of our legal representatives or one of our vicarious agents and the conduct is not a breach of material contractual obligations. Material contractual obligations are obligations the fulfillment of which is essential to the proper performance of the contract and on the observance of which the customer may regularly rely. Liability in the event of a breach of such a material contractual obligation shall be limited to the damage typical for the contract, the occurrence of which we had to expect at the time of conclusion of the contract on the basis of the circumstances known at that time. The aforementioned exclusions and limitations of liability shall not apply in the event of the assumption of express guarantees by us, as well as in the event of claims due to the lack of warranted characteristics or insofar as claims under the Product Liability Act are concerned.
(16) We assume no liability for disruptions to the landing page for which we are not responsible.
(17) We shall only be liable for the loss of data in accordance with the above paragraphs if such loss could not have been avoided through reasonable data backup measures on the part of the customer.
(18) Liability shall not extend to impairment of the contractual use of the services provided by us caused by improper or incorrect use by the customer.
(19) The above limitations of liability shall also apply mutatis mutandis in favor of our vicarious agents.
(20) Insofar as the landing page offers the possibility of forwarding to databases and websites etc. of third parties, e.g. by setting up a link to the website of a third party, we shall not be liable. third parties, e.g. by setting links or hyperlinks, we shall not be liable for the accessibility, existence or security of this database or services, nor for the content of the same, but in particular shall not be liable for the legality, correctness of content, completeness, up-to-dateness etc. of the same.
(21) In any case, the customer is also obliged to limit damages. This includes the timely notification of damages in the context of further damage minimization.
(22) We guarantee the confidential handling of the Customer's data in accordance with the relevant statutory provisions on data protection and in accordance with the data protection declaration.
(23) The contract on which these GTC are based shall expire by virtue of performance upon the mediation of the possibility of ordering the prepaid card or, in the event of a prepaid card contract coming into existence, upon payment of the remuneration for the prepaid card by the customer.
(24) If individual provisions of your agreement with us, including these GTC, are or become invalid in whole or in part, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the contracting parties by mutual agreement with a provision that comes as close as possible to the economic purpose of the invalid provision in a legally effective manner. The above provision shall apply mutatis mutandis in the event of loopholes.
(25) The relations between the contracting parties shall be governed by the law applicable in Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(26) This GTC is a translation of the German GTC. In case of questions, ambiguities or discrepancies, the German version shall take precedence over this English version.