I. General terms and conditions

PayCenter GmbH - VIMpay - as of 30 April 2021

 

Preamble

The following General Terms and Conditions of Business (hereinafter referred to as „GTC“) are the content of the contractual relationship on the issue and use of the PayCenter Mastercard (hereinafter referred to as „ Mastercard“ or „card account“) as well as the use of the online account, which is concluded between you and PayCenter GmbH, Clemensänger Ring 24, 85356 Freising (hereinafter referred to as „card account“): „card-issuing e-money institute“ or „PayCenter“).

By registering as a Mastercard user and submitting an application for the opening of an online account and the issuing of a Mastercard, you (hereinafter referred to as the „Cardholder“) accept the following General Terms and Conditions for the use of the PayCenter Mastercard and the online account.

When registering, the user is requested to agree to the GTC. The GTC apply to any use of the services of the card-issuing e-money institution and use of the Mastercard. The GTC are published exclusively on the card frontend. These General Terms and Conditions can be loaded into the working memory, stored on a permanent data carrier or printed out.

By card frontend, both the card website and the VIMpay app can be meant in principle.

The language of this contractual relationship and the communication with the customer during the term of the contract is German.

 

1 Subject of the contract

1.1 The card-issuing e-money institution offers registered users a Mastercard for use at all electronically linked Mastercard acceptance points.

Exceptions to this are imprinters (so-called „Ritsch-Ratsch“-devices, which only transfer highly verified card data on paper and do not simultaneously check the liquidity online).

1.2 It is possible to use the Mastercard to withdraw cash from ATMs using the PIN shown online. The fees incurred in this connection shall be charged to the user.

1.3 The delivery of the card data as well as the plastic card and the PIN shall only be made against advance payment.

1.4 The e-money institution offers registered users various payment transaction functions. Depending on the registered product, transfer orders, standing orders or term payments can be issued via online access.

1.5 Details of the charges for use are set out on the card frontend in the „Price List“ section. The fees stated there are binding. The fees are due for payment immediately and are charged directly to the card balance. If the card balance is not sufficient to settle the outstanding fees, these will be offset against the next payment.

1.6 The Cardholder is aware that 100% availability of Mastercard services (in particular availability of the website, cash withdrawals, Mastercard transactions) cannot be technically achieved. However, PayCenter shall endeavour to keep the Mastercard services available as constantly as possible.

Excepted from this are times in which availability is limited due to technical or other disruptions that are not within the sphere of influence of PayCenter (such as force majeure, disruptions to public communication networks, power failures, actions of third parties that are not attributable to PayCenter, etc.). PayCenter shall not accept any liability for such impairments. If impairments are necessary due to maintenance, security or capacity issues, PayCenter shall endeavour to restore the Mastercard services as quickly as possible.

 

2 Agency activities of petaFuel GmbH

2.1 petaFuel GmbH, Clemensänger Ring 24, 85356 Freising (hereinafter also referred to as „intermediary“) and its representatives and vicarious agents do not see themselves as a bank, credit organisation, credit-granting company or similar. They do not conduct any monetary transactions and do not provide any financial services within the meaning of the German Banking Act (Kreditwesengesetz - KWG).

The activities of petaFuel GmbH are purely intermediary activities, i.e. petaFuel GmbH merely mediates the conclusion of contracts for the issue and use of the Mastercard between the Cardholders and PayCenter. A contractual relationship concerning the use of the Mastercard shall be concluded exclusively between the Cardholder and PayCenter.

2.2 The intermediary is not an issuing office directly commissioned by Mastercard, but merely forwards the customer's data to the authorized offices and acts as an intermediary between the user and the licensed issuing office (card-issuing e-money institution).

2.3 The Cardholder is not entitled to use the card.

2.3 petaFuel GmbH shall not be liable for any claims arising from the contractual relationship between the user and PayCenter, in particular petaFuel GmbH shall not be liable for the provision of services in connection with the issuance and use of the Mastercard.

2.4 petaFuel GmbH shall not be liable for the provision of services in connection with the issuance and use of the Mastercard.

2.4 In all other respects, § 6 of these GTC shall apply mutatis mutandis to petaFuel GmbH.

 

3 Users

3.1 Users of the offered service can be natural persons with a valid identity card or passport as well as legal entities.

 

4 Registration, assurances at registration

4.1 The user must register on the map frontend before using the services. For this purpose, all data fields of the registration form must be filled in completely and correctly.

4.2 Registration and submission of the registration data constitutes a binding order. The amount of the fees is shown in the price overview on the card frontend. In principle, there is no fee for employee cards in the standard version.

4.3 The Cardholder warrants that all data provided by him/her during registration is exclusively true, not misleading and complete. The Cardholder is obliged to notify the card-issuing e-money institution of any changes to his/her user data without delay. The Cardholder may not use pseudonyms or business names. There shall be no entitlement to a specific trade name.

4.4 When registering, the Cardholder chooses a password. He is obliged to keep his password secret.

The customer undertakes to choose a different password for online access than for his/her e-mail access.

The card-issuing e-money institution will not disclose the password to third parties and will not ask the Cardholder for the password at any time.

4.5 In the case of certain card products, PayCenter GmbH will use a suitable legitimation procedure (e.g. Postident, Videoident) to determine whether a registered Cardholder is in fact the person the User claims to be.

 

5 Changes to the services on the card frontend

5.1 The card-issuing e-money institution reserves the right to change the services offered or to offer different services, provided that this is reasonable for the Cardholder and the Cardholder is not disadvantaged thereby contrary to good faith (e.g. adjustments to the legal situation, expansion of the range of services offered by the card-issuing e-money institution).

 

6 Liability of the card-issuing e-money institution

6.1 PayCenter does not guarantee merchant acceptance of the Mastercard, even if Mastercard is indicated as the means of payment. The contracting companies belonging to the Mastercard association are contractually obliged to accept the Mastercard. If this does not happen in individual cases, PayCenter shall only be liable if it is guilty of gross negligence.

6.2 The payment of the invoice amount shall in any case be the obligation of the Buyer.

6.3 PayCenter shall not be liable for any damage caused by non-receipt of direct debits and the consequences thereof.

6.4 The card-issuing e-money institution shall in principle only be liable under this Agreement in the following cases:

For damages, in particular due to default, breach of advisory and ancillary contractual obligations, pre-contractual obligations, infringement of third party industrial property rights and

(I) the legal representatives, employees or vicarious agents of the card-issuing e-money institution have acted wilfully or with gross negligence; or

(II) the claims for damages result from a breach of an assumed warranty; or

(III) a duty has been breached which is essential for achieving the purpose of the contract (cardinal duty); or

(IV) life, body or health have been injured negligently or intentionally; or

(V) there is mandatory liability under the Product Liability Act; or

(VI) other mandatory liability exists.

6.5 In the event of a breach of a cardinal duty by the card-issuing e-money institution, the claim for damages shall be limited to the foreseeable damage.

This limitation of damages shall not apply if the event causing the damage was caused intentionally or by gross negligence by a legal representative, employee or vicarious agent of the card-issuing e-money institution.

6.6 The above limitations of liability shall not apply in the event of death or physical injury or damage to health as a result of the loss or damage, or in the event of liability without fault provided for by law or the assumption of a guarantee.

6.7 To the extent that the liability of the card-issuing e-money institution is excluded, this shall also apply to the personal liability of the employees, legal representatives and vicarious agents of the card-issuing e-money institution.

 

7 Access and identification medium

7.1 The service offered can only be used by the Cardholder via appropriate access media. Access media may be location-based and/or mobile terminals that enable (secure encrypted) access via the Internet or via other services intended for data transmission.

7.2 The e-mail address and a password shall serve as the means of identification, which shall ensure the Cardholder's authorisation when using the services offered on the card frontend.

 

8 General duties of care and cooperation of the Cardholder, confidentiality

8.1 The Cardholder must take special care to keep his/her card-related data, password, PIN and plastic card safe from misuse. The card data, password, PIN and/or plastic card must not be disclosed or made accessible to third parties.

8.2 In particular, the Cardholder may not store the password and PIN electronically or make a note of them in any other form.

In addition, when using the password and/or PIN, the Cardholder must ensure that the password and/or PIN cannot be learned, i.e. spied out, by third parties.

8.3 When using the card frontend, the Cardholder must carefully check all data entered by him/her for accuracy and completeness. If the card-issuing e-money institution incurs additional expenses or costs as a result of incorrect information provided by the customer, the card-issuing institution reserves the right to charge a flat-rate processing fee.

8.4 The customer undertakes to take all appropriate measures in accordance with the state of the art in order to protect its system from third party intervention.

8.5 If the card is provided with a signature field, the Cardholder is encouraged to sign the card immediately upon receipt, as this is an elementary part of reducing card misuse.

 

9 Misuse of the password; blocking of the identification medium

9.1 If the cardholder discovers that his/her card data have been lost or misused, the card and the associated online access must be blocked immediately.

The cardholder can block the card via the card frontend or by calling the general German blocking emergency number 116 116.

9.2 If PayCenter GmbH detects misuse or has reasonable suspicion of misuse or if there are factual reasons in connection with the security of the cards, PayCenter GmbH shall block the card and the associated online access.

The card-issuing e-money institution shall notify the cardholder accordingly and without delay to the extent permitted by law.

9.3 The card-issuing e-money institution may block the card and the associated online access for further use if it is entitled to terminate the contract for good cause.

9.4 The card-issuing e-money institution is also entitled to block the card if the authorisation to use the card and the associated online access ends due to expiry or due to ordinary termination. The customer will be informed of the blocking. Any amount still loaded at this time will be refunded to the cardholder.

9.5 Due to the provisions of the Anti-Money Laundering Act, PayCenter GmbH is obliged to continuously monitor the business relationship. In the course of this monitoring, cards/accounts can be temporarily blocked for transactions.

 

10 Electronic Billing

10.1 Card frontend users will receive their statements electronically. The card-issuing e-money institution shall make the documents available via the Internet.

10.2 In principle, the card-issuing e-money institution shall be entitled to send information of contract-relevant nature to the e-mail address provided by the customer.

10.3 The Cardholder acknowledges this paperless arrangement and shall ensure that his/her e-mail box is accessible and that the transactions made by him/her are regularly checked online.

10.4 Objections due to incorrectness of a debit must be raised by the Cardholder within eight weeks at the latest. Timely dispatch shall be sufficient to comply with the time limit. Failure to raise objections in good time shall be deemed to constitute approval.

The cardholder may request a correction of the invoice even after the deadline has expired, but must then prove that his account was wrongly debited or that a credit to which he was entitled was not issued. Failure to raise objections in good time may give rise to a claim for damages against the Cardholder.

10.5 Justified claims are possible within three months (for Mastercard transactions) or thirteen months (SEPA Direct Debits).

 

11 Notification of discrepancies

11.1 If faults occur on the card frontend, the Cardholder will be requested to report these faults immediately by telephone or e-mail. The corresponding telephone number and e-mail address will be published on the card frontend.

 

12 Cancellation

12.1 The Cardholder may terminate the Card User Agreement at any time. The cancellation can be made using the card blocking form available on the card frontend or within the VIMpay app. When cancelling, the reason for the deactivation and the Cardholder's password assigned to the personal account must be stated.

12.2 The card-issuing e-money institution is entitled to terminate the Agreement with the Cardholder subject to a two-month notice period. The card-issuing e-money institution shall terminate the contract with a longer notice period if this is necessary taking into account the legitimate interests of the cardholder. Any amounts still loaded on the card at the time of termination of the contractual relationship shall be refunded to the cardholder.

12.3 The right of both parties to terminate the contract for good cause shall remain unaffected.

12.4 The card-issuing e-money institution may terminate the Agreement without notice if there is an important reason for which the continuation of the Agreement is unreasonable for PayCenter, even after due consideration of the legitimate interests of the Cardholder.

The right of both parties to terminate the Agreement for good cause remains unaffected.

In particular, the following events are important reasons:
- non-compliance with statutory provisions by the Cardholder
- deliberate misrepresentation when opening the account
- repeated, culpable breach of contractual obligations which is not remedied despite a warning
- police investigations and
- seizures (unless the account is held as a seizure protection account)

12.5 If there is a remaining balance on the Card Account, the termination of the Agreement shall not take effect until this remaining balance has been paid out in full to the customer.

 

13 Consequences of termination

13.1 When the termination takes effect, i.e. when the contractual relationship is terminated, the card may no longer be used.

The card data (e.g. card number and expiry date) as well as any physically existing card must be destroyed immediately. An employee card must only be destroyed in accordance with Clause 22 if the entitlement to hold the employee card expires.

13.2 If there is still a balance on the card account and there are no more outstanding fees, this will be transferred back to the cardholder immediately to the current account specified by him/her. If amounts are still blocked due to a merchant request, these will only be refunded after release (but after a maximum of 31 days).

13.3 If no valid account details for a refund were provided when the card was blocked, PayCenter shall attempt to obtain these details from the account holder. For this purpose, a tracking fee of 15 euros will be charged every three months, which will be deducted directly from the card balance.

13.4 In the event of fraudulent acts or important reasons resulting in termination without notice (see § 12.4), the annual fee and the fee for the plastic card shall not be refunded, even on a pro rata basis.

 

14 Financial limits of use

14.1 The Mastercard and the online account can only be used on a credit basis. Transactions with insufficient credit will be rejected. A credit line will not be granted.
For the different products, different maximum credit balances are specified.

14.2 If a legitimation check is mandatory for the card product, payments received prior to the legitimation check are only available once the legitimation has been duly completed.
If a legitimation cannot be successfully completed, the payment received will be transferred to the originator.

14.3 All credit balances are subject to a maximum credit limit.

14.3 For all card products without full legitimation of the User by Videoident or Postident, the following applies: it is not permitted to receive credits from a merchant by Mastercard transaction. In the event of a Mastercard merchant credit, the account will be blocked for withdrawals until the cardholder has been fully legitimised.

 

15 Instructions for use

15.1 The Mastercard has an optional current account function if legitimation has been carried out by Postident. It can then be topped up by transfer from any account. Online transfers from the card balance are possible to any European current account.

15.2 If the Mastercard has the PayPass logo, the card is equipped with the corresponding function and enables payment at acceptance points marked with the PayPass logo.

For transaction amounts of less than 25 euro, no PIN or signature is required.

15.3 Direct debits to the debit of the card account are possible if the current account function is available.

The terms and conditions for payments by direct debit in the SEPA Direct Debit Scheme of PayCenter GmbH shall apply.

Direct debit in favour of the card account is not possible.

15.4 The terms and conditions for credit transfers of PayCenter GmbH shall apply.

 

16 Special features of the distance contract / Right of withdrawal / conclusion of contract

16.1 You may cancel your contract declaration within 14 days without stating any reasons in text form (e.g. letter, fax, e-mail) or, if the item is handed over to you before the expiry of the deadline, by returning the item. The period begins after receipt of these instructions in text form. The revocation period shall be deemed to have been observed if the revocation or the goods are dispatched in good time. The revocation is to be sent to:

peaFuel GmbH, Clemensänger Ring 24, 85356 Freising

Consequences of revocation: In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return the goods received in whole or in part or only in a deteriorated condition, you may be required to compensate us for the loss of value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would have been possible for you in a shop, for example. Otherwise, you can avoid the obligation to pay compensation for any deterioration caused by the intended use of the item by not using the item as if it were your property and refraining from doing anything that might impair its value.

Items that can be sent by parcel post must be returned at our expense and risk. Employee cards are excluded from this. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your cancellation or the goods, for us with their receipt.

16.2 The right of revocation shall expire in the case of a service if the e-money institution issuing the card has started to perform the service with the express consent of the cardholder before the end of the revocation period or if the cardholder has arranged for this himself/herself. This is the case when the Mastercard is loaded for the first time by the Cardholder.

The first top-up (a transfer of the top-up amount and the fees chosen by the registrant for the Mastercard) leads to the conclusion of a contract between the card-issuing e-money institution and the cardholder.

 

17 Payment obligation of the customer

17.1 PayCenter has undertaken vis-à-vis Mastercard's contracting companies to settle the immediately due claims against the Cardholder arising from the use of the Mastercard.

17.2 The obligation to reimburse shall only not apply if a valid claim by the Mastercard contracting company has not been substantiated.

17.3 Complaints about the service purchased by Mastercard arising from his relationship with the contracting company must be clarified exclusively and directly with that company.

17.4 The Cardholder's payment obligation to the card-issuing entity remains unaffected by this.

 

18 Foreign currency conversion

18.1 The Card Account is maintained in EURO. The account can only be topped up in EURO. The exchange rate for foreign currency transactions is determined in the price list on the Mastercard website.

 

19 Fee arrangement

19.1 The card-issuing e-money institution is entitled to charge the Cardholder for the provision of the card and for other services provided by it in connection with the card agreement. The amount of the fees is set out in the price list on the card frontend.

19.2 The Card-issuing e-money institution may change the fees for important and valid reasons (e.g. to ensure the continuation of business operations); PayCenter shall notify the customer of the changes in writing at least 2 months before they come into force.

The Cardholder shall be entitled to object to the amended fees within a period of one month after being notified and becoming aware of them. If the Cardholder does not object to the changed fees within the period of two months after notification and the opportunity to take note or if he/she continues to use the Mastercard, the changed fees shall take effect vis-à-vis him/her.

The Cardholder will be expressly informed of this when he/she is notified. The Cardholder is advised to send a written objection to the card-issuing e-money institution for the purpose of preserving evidence.

If the Cardholder objects in due time, both parties are entitled to terminate the contract with a notice period of one month, unless a right of termination already exists at any time pursuant to Section 12. Until the termination of the contract, the original fees shall continue to apply.

 

20 Liability for damages arising from improper use

20.1 If the Cardholder loses his/her Payment Authentication Instrument (i.e. his/her Card or Card Data (e.g. Card Number or PIN)), the Cardholder shall be liable for the loss of the card. If the Cardholder loses his/her payment authentication instrument (i.e. his/her card or card data (e.g. card number or PIN)), if it is stolen or otherwise lost and if unauthorised card transactions occur as a result, the Cardholder shall be liable for any damage caused up to the time of the blocking notification up to a maximum of EUR 50, regardless of whether the Cardholder is at fault for the loss, theft or other loss.

20.2 The Cardholder shall not be obliged to pay compensation for the loss under paragraph (1) if he/she was unable to submit the blocking notification because PayCenter had not ensured the possibility of receiving the blocking notification and the loss occurred as a result.

20.3 If unauthorised transactions occur prior to the blocking notification and the Cardholder has intentionally or grossly negligently breached his/her duties of care under these Terms and Conditions or has acted with fraudulent intent, the Cardholder shall bear the full amount of the loss incurred as a result.
Gross negligence on the part of the Cardholder may be deemed to exist in particular if

  • he culpably fails to notify the card-blocking hotline or the Bank immediately of the loss, theft or misuse of the card, or
  • the personal identification number was noted on the card or kept together with the card, or
  • the personal identification number was disclosed to another person and the misuse was caused thereby
  • has disclosed the personal identification number by e-mail or other means of telecommunication
  • used the device (e.g. smartphone) with which the transaction authentication numbers (TANs) are also received for bank transfers.

20.4 As soon as the Cardholder has notified the intermediary or PayCenter via the card frontend of a loss of card data or fraudulent transactions, the Cardholder shall no longer be liable for any further fraudulent transactions made with the card after this point in time. This shall not apply in the case of intent or gross negligence (e.g. insufficient due diligence in the safekeeping of the PIN).

20.5 The rules defined by Mastercard (published at https://www.mastercard.us/content/dam/mccom/global/documents/chargeback-guide.pdf) apply to the recovery of transactions not authorised by the Cardholder prior to notification by the Cardholder.

PayCenter GmbH is obligated to process the claims in accordance with these regulations. If necessary, the Cardholder shall provide additional information in a timely manner to enable processing.

In accordance with these Mastercard regulations, credit claims are only permitted for a maximum of 15 transactions per card. The customer is liable for transactions exceeding this number.

20.6 The processing of back bookings via Mastercard shall be free of charge for the customer. If it subsequently transpires that the reversal was unjustified (e.g. due to incorrect customer information) and the card account is charged again by the merchant, PayCenter shall charge the customer a flat-rate processing fee of 45 euro.

20.7 If a commercial claim is justified in accordance with these provisions, the Cardholder shall be credited with the full amount of the commercial claim as soon as the commercial claim has been confirmed by Mastercard.

20.8 If it is not possible to make a claim in accordance with these provisions (in particular in the case of damage caused by PIN-authorised transactions), the customer shall be liable for the full amount of the damage.

 

21 Validity of the card

21.1 The card is valid only for the specified period of five years.

21.2 If the entitlement to use the card ends earlier (e.g. by termination of the contract), then

  • the card shall be returned to the issuing office and destroyed by the responsible employee if the entitlement to hold the employee card ceases (applicable to employee cards).
  • or

  • the card must be destroyed by the cardholder (valid for all other cards)

21.3 The card-issuing e-money institution reserves the right to exchange a card for a new card, even during the term of the card. This entails no cost for the Cardholder.

 

22 Disclaimer for external links

22.1 The intermediary and the card-issuing e-money institution refer to other sites on the Internet with links on their pages.

The following applies to all of these links: the intermediary and the card-issuing e-money institution expressly declare that they have no influence whatsoever on the design and content of the linked pages.

Therefore, they hereby expressly distance themselves from all contents of all linked third-party pages on the map frontend and do not adopt these contents as their own. This declaration applies to all displayed links and to all contents of the pages to which links lead.

The intermediary and the card-issuing e-money institution likewise distance themselves from websites that advertise Mastercard products from PayCenter and sell the link to these websites.

 

23 Legally binding declaration

23.1 The Mastercard applied for by the User shall be issued and processed by PayCenter GmbH, Clemensänger Ring 24, 85356 Freising. PayCenter GmbH shall be authorised to obtain the necessary bank information from the bank indicated by the Cardholder. These banks are authorised to provide information.

In response to the question under the § 8 of the Anti-Money Laundering Act as to whether the Cardholder is acting for his own account or for the account of a third party, the Cardholder declares that he is acting for his own account.

 

24 Fiduciary management of customer funds (fiduciary agreement)

24.1 For the purpose of deposit protection, the customer's (the trustor's) funds shall be managed in two open trust accounts (IBAN: DE14 7203 0227 0050 8690 07 at Bankhaus Anton Hafner KG and IBAN: DE75 5004 0000 0582 1830 02 at Commerzbank) by the trustee PayCenter GmbH. These accounts serve exclusively to receive the credit balances of the Cardholders; there shall be no commingling with funds of the trustee.

24.2 The upstream bank shall ensure that, in the event of a seizure, the creditors are informed by way of a third-party debtor declaration that the PayCenter Accounts are trust accounts.

In addition, the upstream bank shall not assert any rights of set-off, lien or retention.

24.3 In the event of insolvency, the credit balances shall not fall into the insolvency estate of the e-money institution, even if the creditors have access by way of individual enforcement, but shall be paid out to the customers.

24.4 The Trustee undertakes that disposals of the Trust Assets shall not be made for his own purposes but solely on the basis of the consent of individual Cardholders, which consent shall be deemed to be the instruction given through the use of the Card.

 

25 Final provisions

25.1 The card-issuing e-money institution reserves the right to amend these General Terms and Conditions at any time without stating reasons, provided that this appears necessary (e.g. adjustments to the legal situation, expansion of the range of services offered by the card-issuing e-money institution, etc.) and the Cardholder is not disadvantaged thereby contrary to good faith.
The notification shall be made either on the card frontend by opening a special window when logging into the user account or by sending an e-mail to the e-mail address provided by the user.

In any case, the Cardholder shall be notified by e-mail.

In any case, the Cardholder will also be informed of the change by means of a highlighted notification when logging in the next time.

25.2 The Cardholder may object to the amendments to the General Terms and Conditions within a period of two months after being notified and given the opportunity to take note of them. The Cardholder is advised to send the objection in text form to the card-issuing e-money institution for the purpose of preserving evidence.

If the Cardholder does not object to the application of the new General Terms and Conditions within two months after notification, the amended General Terms and Conditions shall be deemed accepted by the Cardholder. The card-issuing e-money institution shall inform the cardholder in the notification of his/her right to object and of the significance of the objection period.

If the Cardholder objects in due time, both parties shall be entitled to terminate the contract with a notice period of 2 months, unless a right of termination already exists at any time pursuant to section 13.

Until termination of the contract, the original terms and conditions of use shall continue to apply.

25.3 Unless otherwise agreed, the Cardholder may submit all declarations to the card-issuing e-money institution by email or send them to the card-issuing e-money institution by fax or letter. PayCenter may send statements to the Cardholder by e-mail or letter to the addresses which the Cardholder has specified as current contact details in his/her personal settings.

25.4 The place of performance shall be the registered office of the card-issuing e-money institution.

25.5 If the Cardholder is a merchant, a legal entity under public law or a special trust under public law, the place of jurisdiction shall be the registered office of the card-issuing e-money institution. This shall also apply if the Cardholder moves his/her place of residence abroad after registration or if this place of residence is not known at the time the action is brought.

25.6 German law shall apply to the exclusion of Private international law and the UN Convention on Contracts for the International Sale of Goods (CISG).

25.7 The business language is German.

 

26 Dispute Resolution Procedure

PayCenter is neither legally obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

 

 

II. Supplements to the VIMpay Card

1 General provisions

The General Terms and Conditions for cards of PayCenter GmbH and the following provisions apply in principle to VIMpay card customers. By registering a VIMpay Card, the customer accepts these terms and conditions.

The VIMpay app is a development of the company petaFuel GmbH in Freising. VIMpay card customers use this app free of charge. The scope of services is optimised for the use of the VIMpay Card. In addition to these terms and conditions, the General Terms and Conditions and the Privacy Policy of petaFuel GmbH shall apply.

2 Support

petaFuel GmbH offers support for the use of the VIMpay app and provides updates as far as adjustments or further developments are made. petaFuel GmbH is the point of contact for all technical questions.

PayCenter GmbH provides access to its card system via the VIMpay app and enables the registration and administration of the VIMpay card via this app. In addition to the card-specific functions, the VIMpay app also includes the option of accessing other bank accounts via HBCI access and creating queries and orders in accordance with the HBCI standard.

3 Instant top-up

In addition to the card functions known from the PayCenter GmbH homepage, the VIMpay app also offers the option of instant top-up. After the transfer to the debit of the deposited reference account has been successfully confirmed by the HBCI dialogue, the VIMpay card is loaded with the selected amount.

The prerequisite for the instant top-up is the establishment of an HBCI connection to the reference account of the VIMpay card with the VIMpay app. If a transfer order can be issued via the HBCI function of the VIMpay app to the debit of the reference account, a instant top-up is possible.

When the VIMpay card customer orders a instant top-up, he instructs PayCenter GmbH to immediately credit an amount to his VIMpay card. Furthermore, he instructs petaFuel GmbH to check the confirmation of his bank for the execution of the transfer and to forward the result to PayCenter GmbH. The VIMpay card shall be credited as soon as PayCenter GmbH has received the confirmation of the transfer.

4 Intended use

The customer undertakes to use both the VIMpay app and any physically issued card only for the intended purpose. Any use beyond this and not for the intended purpose is not permitted.