General Terms and Conditions for payment with ViaBill
1 Initial terms and definitions
1.1. These general Terms and Conditions for payment with ViaBill (hereafter “the Terms and Conditions”) are applicable to the entering into of a payment agreement with ViaBill A/S, CBR No. 3324 5564 (hereafter “ViaBill”) and a consumer (hereafter “the Customer”).
1.2. The Terms and Conditions applicable at any given time can be found at www.viabill.com/consumer-terms/. ViaBill reserves the right to make changes to the Terms and Conditions in accordance with Section 7.1.
1.3. ViaBill offers all its customers purchaser protection. The purchaser protection can be used if the Customer has a complaint or other objection in relation to an item that has been paid for using ViaBill’s product.
1.3.1. If the Customer has a complaint or any objections in respect of the Seller, the Customer can contact the webshop or shop in question, from which the item was purchased, and seek to have the complaint or objection dealt with. If the Customer cannot reach agreement with the shop or webshop, he/she can contact ViaBill who will then try to resolve the matter with the shop of webshop. If that fails, ViaBill will undertake to remedy your complaint or objection and, if relevant, refund the order amount, including any transportation costs.
1.4. ViaBill is entitled – without the Customer’s consent – to transfer its rights and obligations in relation to the Customer to a third party, including all debts which ViaBill has in respect of the Customer.
1.5. The Customer selects the items they wish to buy in the shop or webshop and then continues on to the payment process. When paying with ViaBill’s product, ViaBill will pay the full order amount to the shop or webshop immediately following the purchase. At the same time, ViaBill will reserve the order amount from the Customer’s debit card. When you pay with ViaBill we will give you 30 days to receive, try and decide, before charcing your credit card.
1.6. ViaBill can offer the Customer the option of splitting the payment up into a specified number of instalments. The Customer may receive such an offer in relation to a future purchase in a shop or webshop offering ViaBill’s product as a payment method.
1.7. If the total sum of the Customer’s total transactions exceeds €1,000, ViaBill will ask the Customer to submit documentation for the purpose of ViaBill’s compliance with money laundering legislation. This will entail the submission of a copy of identification. Until such documentation is received, the Customer will not be able to use ViaBill’s product to pay for goods in shops or in webshops.
2 The payment agreement
2.1. The Customer can use ViaBill as a payment solution for transactions up to a specified amount. The actual amount will appear at all times on the Customer’s page on “My ViaBill”.
2.2. When a payment agreement is entered into, ViaBill will send a welcome e-mail to the e-mail address provided by the Customer (and an SMS to inform them that the e-mail has been sent). The welcome e-mail will include information on the payment agreement, “General Terms and Conditions for payment with ViaBill”, “Terms and Conditions for automatic payment” and the “Personal Data Policy”. In addition, a further e-mail will be sent with a link to “My ViaBill” and the first-time user password for this. After receiving the welcome e-mail, the Customer must make sure that they log on to “My ViaBill” at viabill.dk and change the password to a personal password.
3 Purchases with ViaBill
3.1. The first time the Customer uses ViaBill’s product as a payment method, the Customer must enter his/her payment card information, telephone number, e-mail address and a verification code that will be sent to the Customer as an SMS to the telephone number provided.
3.2. For all subsequent purchases using ViaBill’s product, the Customer must use a verification code for security purposes and, in order to prevent misuse, a verification code. These will be sent as an SMS to the Customer’s telephone number. The verification code is unique and can only be used for a single payment.
4 Payment terms
4.1. The order amount is reserved on the Customer’s debit card immediately after the Customer has completed the purchase.
4.2. ViaBill will withdraw your payment 30 days after your purchase.
4.3. If the Customer has returned the order, in part or in full, in good time, the card reservation will be cancelled, in part or in full, immediately after ViaBill has received notification from the webshop or the shop. In the case of a partial return, the remaining amount will be withdrawn from the Customer’s debit card in accordance with Section 4.2.
5 Communication with the Customer
5.1. Communication regarding the contractual relationship is done via the Customer’s “My ViaBill”. Every time ViaBill sends a message to the Customer in “My ViaBill”, at the same time, ViaBill will send an e-mail and/or SMS message to the Customer to tell them that they have received a new message in “My ViaBill”.
6 Changing the Customer’s contact information
6.1. The Customer him/herself can enter additional and amend existing contact information in the Customer’s “My ViaBill”. The Customer is responsible for ensuring that his/her e-mail address and telephone number are correct and up-to-date. Changes can also be made by contacting email@example.com.
7.1. ViaBill can make changes to these terms and conditions and the agreement with the Customer by giving one month’s notice in accordance with the relevant legislation. The Customer will be notified by e-mail, SMS, in “My ViaBill” or by ordinary post. Changes to prices and charges can occur, for example, due to inflation, market developments, with a view to countering increased costs, losses, taxes, duties and also to achieve administrative savings as a result of changes in legislation, other regulations or interpretation thereof as a result of other business or market-related conditions.
8.1. ViaBill has the right to cancel the agreement with the Customer if one of the conditions below becomes applicable: a. The Customer has failed to meet his/her obligation to have correct and up-to-date contact information. b. ViaBill has justifiable suspicions that the Customer’s account is being misused by a third party.
8.2. On termination of the agreement pursuant to Section 8.1, the Customer’s outstanding amount will be withdrawn in accordance with Section 4. However, it will not be possible for the Customer to use ViaBill as a payment method henceforth.
9.1. The Customer can cancel the agreement without warning by contacting ViaBill at firstname.lastname@example.org. In the event that the Customer cancels the agreement, the outstanding amount will be withdrawn in accordance with Section 4.
9.2. ViaBill has the right to cancel the agreement by giving 3 months’ notice. On expiry of the term of notice, the Customer’s outstanding amount will be withdrawn in accordance with Section 4. However, it will not be possible for the Customer to use ViaBill as a payment method henceforth.
10.1. In the event of suspected misuse, the Customer must inform ViaBill of this immediately by contacting email@example.com or by calling telephone number +45 88 826 826.
11 Cooling-off period
11.1. The Customer can withdraw from the agreement without giving any reason within 14 days.
11.2. Before the expiry of the cooling-off period, the Customer must inform ViaBill that they wish to withdraw from the agreement. If the Customer wishes to give this notification in writing – for example, by letter or e-mail – the Customer just needs to send the notification before expiry of the deadline. If the Customer wishes to ensure they have proof that they have cancelled the agreement in time, he/she can send, for example, a registered letter and keep the receipt of posting. The Customer can also use ViaBill’s standard withdrawal form.
11.3. After the Customer has exercised their right of withdrawal, ViaBill will withdraw the total account amount in accordance with Section 4. The account amount can be found in the Customer’s “My ViaBill” or the Customer can request it from firstname.lastname@example.org.
12 Processing of personal information
12.1. The Customer’s personal information will be processed in accordance with ViaBill’s personal data policy. The personal data policy applicable at any given time is provided in continuation of the Terms and Conditions.
13 Right to complain
13.1. The Customer is welcome to contact ViaBill at any time if he/she has a complaint in relation to the agreement. Any complaints can be sent to email@example.com.
13.2. If it is not possible to reach agreement regarding a complaint, the Customer can complain to the EU Commission’s online complaint portal. The complaint can be submitted on the following link: http://ec.europa.eu/odr. When submitting a complaint, ViaBill’s e-mail address must be stated: support@ViaBill.com
14 Governing law and jurisdiction
14.1. Any dispute arising between ViaBill and the Customer, including disputes relating to the interpretation or validity of these Terms and Conditions and which cannot be settled amicably is subject to Irish law. 14.2. Disputes shall be brought before the Irish courts unless it is stipulated to the contrary by mandatory jurisdiction rules.
Standard withdrawal form
(This form is to be completed and returned if the law relating to the right to withdraw is invoked)
To ViaBill A/S, Søndergade 2, 2. sal, 8000 Aarhus C - Denmark email: firstname.lastname@example.org:
I/we (*) ___________ hereby give notification that I/we (*) ___________ wish to invoke the applicable right to withdraw in connection with my/our (*) ___________ purchase agreement for the following items(*)/delivery of the following services (*) ___________
Ordered on (*)/received on (*) ___________
Consumer’s name (Consumers’ names) ___________
Consumer’s address (Consumers’ address) ___________
Consumer’s signature (Consumers’ signatures) ___________ (only if the content of the form is notified on paper)
(*) Cross out the one that doesn’t apply
Terms and Conditions for automatic card payment
1.1. These Terms and Conditions for automatic card payment are applicable in addition to ViaBill A/S’ General Terms and Conditions for payment with ViaBill. ViaBill has the right to change the Terms and Conditions by giving one month’s notice. Changes are notified via the Customer’s e-mail address.
1.2. The first time the Customer uses ViaBill as a payment method, the Customer must enter his/her debit card information.
1.3. On the 20th of every month, the Customer will receive a payment overview showing the necessary overview and information relating to the amounts drawn during the month in question so that the Customer has the option of rejecting the completion of a payment that cannot be recognised, cf. Section 2.
2 Rejection, objection and withdrawal of consent
2.1. At any time, the Customer can withdraw his/her consent allowing ViaBill to use the Customer’s debit card information. A Customer can withdraw his/her consent by contacting email@example.com. If the Customer withdraws his/her consent allowing ViaBill to use the Customer’s debit card information, this amounts to a cancellation of the agreement, cf. Section 9 in the “General Terms and Conditions for payment with ViaBill” with the resultant legal effects.
2.2. If the Customer has an objection to a payment that has already been completed, the objection can be lodged by contacting firstname.lastname@example.org. The Customer also has the option of objecting to a payment that has already been completed by contacting his/her bank.
3 Updating and storage of information
3.1. It is the Customer’s responsibility to ensure that the Customer’s debit card is updated on its expiry, if it is blocked or lost etc.
3.2. The debit card information will be registered and stored safely and securely by a third party who has been approved in accordance with international security standards.
Personal Data Policy
As data controller, ViaBill (Søndergade 2, 8000 Aarhus C), Denmark is obliged to protect your personal information, and we will make every effort to ensure that you feel secure with us processing your personal information. We process any personal information about you in accordance with the Personal Data Policy and the relevant legislation.
1 Types of personal information and the use thereof
ViaBill will gather information about you in the following cases:
- In connection with the setting-up of the agreement
- In preparation for the setting-up of the agreement
- Purchase information associated with the purchase
- Internal market and customer analyses, business and method development and for risk management purposes
We only gather the information that is necessary, for example, telephone number, e-mail address, debit card information and purchase history.
Your personal information will be processed and saved only if you have provided it voluntarily, for example, in connection with the setting-up of an agreement, credit assessments and when you submit a question via e-mail.
ViaBill will use your personal information, for example, to deliver the service in connection with which the information has been gathered. In addition, the information will be used to gain a greater knowledge about you and other customers. Examples of the use of this information include surveys, statistics and analyses with a view to improving products, services and technologies as well as the display of marketing-related content and offers tailored to your interests and hobbies and we will make this information available to you by e-mail or other technologies (if you have asked for this).
2 Disclosure of information
In certain cases, we may disclose the personal information about you we are processing. Your personal information can, for example, be disclosed to: (i) suppliers with whom we collaborate to support our business (for example, service providers, technical support, delivery services and financial institutions); or (ii) in connection with the setting-up and administration of an agreement and other tasks; or (iii) if required to do so by law, a court judgement or applicable legislation.
Information will be disclosed to the extent necessary and to those who need it in order to execute the service you have requested, for example, in connection with the setting-up of a credit agreement and in connection with the sending of materials or similar services that require that we use your information.
3 How do we protect your personal information?
We use security measures to protect your personal information against manipulation, loss, destruction and against other unlawfully gaining access to your information. Our security procedure is revised regularly on the basis of the latest technological developments.
In practice, it is not possible to establish 100% security, and we can therefore not guarantee that the information is entirely protected against anyone who is determined to circumvent security measures and gain access to the information. Thus, you provide your personal information at your own risk.
4 Updating, deletion and amendment of your information
If you wish to gain access to the information we are processing about you at ViaBill, you can contact us at email@example.com.
Under the terms of the Processing of Personal Data Act, you have the right to be told which personal information about you we are processing. If it turns out that this information is inaccurate or misleading you are entitled to request that we amend, block or delete this information. Moreover, at any time you can raise an objection to the information about you being the subject of further processing.
You also have the option of complaining to the Danish Data Protection Agency, who can be contacted via firstname.lastname@example.org. You can find further information on the Danish Data Protection Agency’s website here.
5 For how long is your information stored?
ViaBill will retain your information for as long as is necessary in order to provide the service you have asked for, or for as long as is required by law. Therefore, we will delete and anonymise your personal information regularly, over time as it is no longer required for the purposes for which it was gathered.
It will be necessary to continually update and change this policy. ViaBill reserves the right to update or change this policy. We will inform you by e-mail in the case of any significant changes being made. The applicable version of this policy at any given time can be found on our website. You can check the validity by referring to the date below.
Revideret den 14. marts 2018