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TERMS & CONDITIONS

General business terms of the pay & relax GmbH for the use of the digital escrow service DPD Delivery as user

Date 03/2019

§1 Preamble

  1. This contract governs the legal relationship between pay & relax GmbH (hereinafter referred to as 'Provider') and the users who wish to use the digital escrow service DPD Delivery.
  2. The provider provides a web- and app-based user interface, the digital escrow service DPD Delivery (hereinafter referred to as 'DPD Delivery') for the escrow-based payment processing, via which payment transactions can be initiated, tracked, adjusted and concluded. As a technical service provider, the provider manages the design, development and maintenance of the (technical) infrastructure required for the escrow-based payment processing. The provider itself is not a payment service provider according to the definition of the German Payment Services Supervision Act (ZAG).
  3. The provider expressly points out that the execution of payment orders is exclusively managed by MANGOPAY. SA, 59 Boulevard Royal, 2449 Luxembourg, hereinafter referred to as 'Mangopay'. Mangopay is an e-money institution authorized and supervised in Luxembourg under the provisions of the CSSF. The provider assumes a relaying role for the DPD Delivery users and immediately relays user instructions to Mangopay.
  4. The user agrees to MANGOPAY's ToS (PDF) with consent to the provider's general terms and conditions.

§ 2 Registration

  1. The use of DPD Delivery requires a previous free registration. Natural persons or legal representatives of a company who are of age and authorized to sign legal transaction during the entire duration of the contract may register with DPD Delivery.
  2. For the registration, the user must first provide a valid e-mail address and a personal password as well as accept the general terms and conditions (GTC) and the data protection regulations of the provider.
  3. The data requested during the registration process (name, first name, address, date of birth, nationality, country of residence) must be entered completely and truthfully. Upon successful completion of the registration, the provider provides the user with a personal and free DPD Delivery account, on which he can access his stored e-mail address and password.
  4. Mangopay is required to comply with money laundering due diligence regulations (see § 14) to enable the full use of DPD Delivery and the use of the payment services offered by Mangopay for the user. Users must identify themselves for Mangopay by submitting the following documents, which are forwarded directly to Mangopay by DPD Delivery without storing them:
    1. a copy of a valid official identification document: for German citizens the German identity card (front and back), for foreigners living in Germany or abroad, the passport,
    2. a proof of the ownership of the credit owner with a copy of their German passport or passport if the owner is a foreigner and, where appropriate, a residence confirmation which may be requested by Mangopay should the beneficiary not be the owner of the credit.
  1. The provider must be notified of any changes to the data provided during the registration immediately through the user to the provider or, if possible, should be changed in the DPD Delivery account.

§ 3 PAXLAX account

  1. The user is obliged to keep the access data (e-mail address and password) safe to keep third parties from accessing the account. The password has to be kept secret and may not be passed on to third parties. If third parties are aware of the password, the user has to report this to the provider without delay and needs to change their password.
  2. If the password of a user is used by a third party without authorization, the user must immediately report this to the provider and change his password.
  3. Each user may only create one DPD Delivery account. A DPD Delivery account is not transferable and all rights to the DPD Delivery account expire with the death of the user.
  4. The user is responsible for using his DPD Delivery account and the services exclusively in accordance with applicable law and the usage contract.

§ 4 Transactions and dispatch of the transaction ID

  1. To create a transaction, the user must be registered and logged into his DPD Delivery account.
  2. The following information must be entered by the user when creating a transaction: description of the goods or service as well as the purchase price. Optionally it is possible to enter a description of the goods or the service and to upload pictures.
  3. Once the transaction has been created, the user has the option of sending the associated transaction link and / or the associated transaction ID to another party.
  4. By using the email invitation feature the user confirms that the invited user actively consented to the transmission of his e-mail address to the provider according to §4a BDSG.

§ 5 Excluded Products and Services

  1. Products and services from the following sectors are excluded from escrow-based payment processing:
    1. Weapons defined according to the Weapons Act as well as parts thereof, ammunition, fireworks and explosives
    2. Drugs and their accessories (anaesthetics)
    3. Alcoholic beverages
    4. Gambling
    5. Adult Entertainment
    6. Unlicensed auctions
    7. Private courier services
  2. Transactions involving items or services which are in breach of paragraph 1 may be blocked and removed at any time by the provider.

§ 6 Payment processing with DPD Delivery

  1. If the customer enters into a transaction and thus the escrow-based payment processing, the customer is prompted to deposit the agreed purchase price plus the applicable fee for a payment method offered by DPD Delivery (e.g. credit card, bank transfer, immediate transfer) and / or a commission from a third party (e.g. the online market place) on the escrow account. Details on DPD Delivery's fees in § 11.
  2. If the customer enters into a transaction and thus the escrow-based payment processing, the customer is only prompted to deposit the agreed purchase price plus the applicable fee for a payment method offered by DPD Delivery (e.g. credit card, bank transfer, immediate transfer) and / or a commission from a third party (e.g. the online market place) on the escrow account once the seller has entered into the transaction as well.
  3. The deposited money will only be released to the eligible receiving party if: (a) the purchaser releases it through their DPD Delivery account; or (b) after a legally binding decision has been made following an objection by the purchaser.
  4. The user can delete his transaction without specifying reasons as long as no other user has joined the transaction. The transaction and the associated transaction ID and the associated transaction link are then no longer valid.
  5. If a user has joined the transaction, the transaction can only be terminated unilaterally as long as no money has been deposited into the trust account. After a deposit in the trust account, payment processing can only be cancelled or reversed through mutual agreement of both parties. 
  6. In the event of a cancellation or reversal, the deposited amount will be immediately credited to the sender of the payment.
  7. Bank transfers are only accepted from / paid to bank accounts within the SEPA area.
  8. The provider reserves the right to change or restrict the available payment options at any time.

§ 7 Restrictions on use

  1. Until the verification of identity, which was initiated at the time of registration, has been completed, no payments can be deposited on the escrow account and no funds will be paid to the user. The verification of the documents can take approx. 2 working days to process.
  2. Once the verification is complete, the user is notified by e-mail from the provider.

§ 8 Service description

  1. The provider provides the following services for the handling of escrow-based payment processing:
    1. Performing the registration and providing a DPD Delivery account
    2. Communication of status changes regarding the payment process to buyer and seller
    3. Provision of historical transaction data
  1. The provider is not involved in the contractual relationship between seller and buyer neither as an agent nor as a representative of a party. The provider is also not a buyer or seller of goods or services, but merely technical service provider. The provider accepts no liability resulting from the business activity of the users.
  1. The provider expressly points out that payment orders are exclusively managed by MANGOPAY.
  2. The personal data of the contracting parties (name, first name, address, date of birth, nationality, country of residence) is forwarded electronically to Mangopay for the payment and withdrawal of funds.
  3. The users are not entitled to the continuation of certain functions of DPD Delivery. The right to use DPD Delivery and its functions and services is only granted within the current technical development and is at the discretion of the provider.

§ 9. Service disruptions

  1. The provider strives for continuous availability and error-free functionality. However, the user recognizes that, there is no guarantee for permanent access for technical reasons and due to the dependence on external influences, for example, the DPD Delivery account becoming unavailable due disruptions of the internet network. Temporary access restrictions do not lead to any warranty claims or a right to extraordinary contract termination.

§ 10 Contract term; termination

  1. The contract of use runs indefinitely and can be terminated by both contracting parties at any time without notice by e-mail or in writing.
  2. Even after termination of this contract, the provisions thereof shall continue to be in effect in so far as they govern the legal relationship between the provider and the user in connection with payments not yet settled at the time of termination.
  3. The provider may only terminate the contractual relationship with the user only in the event of the simultaneous termination of the contractual relationship with Mangopay.
  4. The right to terminate the contract for important reasons shall remain unaffected by the above regulations.

§ 11 Fees

  1. The registration and the opening of a DPD Delivery account are free of charge. Fees only apply in the context of the use of escrow-based payment processing.
  2. The fees are subject to an individual contractual agreement according to the currently listed fee structure, which is available here: www.DPD Delivery.de/gebühren.
  3. The fees shall be paid by the buyer if no other agreements with third-party providers or intermediaries (online marketplaces or online shops) have been agreed upon and are payable directly with the deposit of the money into the escrow account.
  4. The fee will be adjusted to the new price in the event of a subsequent price adjustment for the service or product.
  5. The user agrees that his invoice may be transmitted electronically. The invoice is valid without signature.

§ 12 Liability of DPD Delivery

  1. In the context of this contract, the provider is only liable for damages (a) which the provider or his legal representatives or vicarious agents have caused intentionally or grossly negligently or (b) which result from injuries to life, body or health through breach of duty by the provider or one of his legal representatives or vicarious agents.
  2. In the cases referred to in paragraph 1, letters (a) and (b), the provider shall be liable without limitation. The amount of the compensation claim is limited to the foreseeable contract-type damages for all other cases.
  3. In cases other than those referred to in paragraph 1, liability shall be excluded for the provider irrespective of the legal grounds.
  4. The liability provisions in the preceding paragraphs also apply to personal liability of the supplier's departments, employees and vicarious agents.
  5. Insofar as liability under the Product Liability Act arises from the assumption of a guarantee or fraudulent deception, it shall remain unaffected by the above liability provisions.

§ 13 Revocation right

  1. The contract may be revoked within fourteen days without giving reasons. The revocation period begins on the day of conclusion of the contract.

In order to be able to exercise the right of revocation, a clear declaration (by letter or e-mail) must be made informing the pay & relax GmbH of this decision and sent to: pay & relax GmbH Sonnenbergstr. 50, 70184 Stuttgart, E-mail: support@transport-partner.net

It is sufficient to send the notification before the end of the revocation period to make use of the revocation right.

  1. If you choose to withdraw from this contract, we shall refund all payments we have received from you without delay, including shipping costs (except for additional costs arising in the event of selecting a method of shipping different from the most cost-efficient standard delivery offered by us), no later than fourteen days from the date on which we have received the notice of withdrawal from this contract. The refund shall be issued to the same payment method that you provided for the original transaction, unless otherwise explicitly agreed with you; under no circumstances shall you be charged fees to process this refund.

If you have already asked for service to begin during the withdrawal period, you shall pay a reasonable amount, corresponding to the portion of the service already provided up to the date on which you notified us that you were exercising your right to withdraw from this agreement, compared to the full scope of services provided for therein.

  1. After the termination of the contract, the provider deletes the DPD Delivery-account of the user.

§ 14 Provisions to combat money laundering and terrorist financing

  1. Mangopay is subject to all Luxembourg and French regulations relating to the fight against money laundering and terrorist financing.
  2. The user is obligated, at the request of the provider, to provide the necessary information and documents necessary for the fulfillment of the money laundering regulation through Mangopay and to notify Mangopay of any changes through the provider immediately.
  3. In accordance with the provisions of the French and Luxembourg laws relating to the participation of financial institutions in the fight against money laundering and the financing of terrorist acts, Mangopay shall inquire about the business relationship, origin, destination of each transaction or account registration. In addition, Mangopay must perform all necessary due diligence to determine the identity of the user and, if applicable, the beneficial owner of the account and / or the transactions connected with them. The user has to comply with all due diligence requirements to enable Mangopay's due diligence. The user has to inform Mangopay about any extraordinary processes which differ from the processes normally registered with this agreement and to provide Mangopay with the required documents or information.
  4. The user acknowledges Mangopay's right to terminate or suspend the use of a user identification, access to the account, execution of a transaction or refunds in the absence of any element sufficient to provide information about its object or nature. The user is hereby informed that Mangopay has the right to inform the national central financial reporting office about transactions carried out under this agreement.
  5. The user may as far as data relating to the applicant is concerned and in accordance with the regulations, access all information communicated in this way, provided that this right of access does not jeopardize the objectives of anti-money laundering and terrorist financing.
  6. No civil lawsuits or professional disciplinary sanctions may be brought against Mangopay, its directors or its employees, who have reported a suspicion to the National Authorities in good faith.

§15 Final Provisions

  1. The laws of the Federal Republic of Germany shall apply to all legal relations between the provider and its users with exclusion of the UN conventions on the international sale of goods.
  2. Jurisdiction for all disputes arising from contractual relations between the user and the provider is the place of incorporation of the provider.
  3. Should a clause of these terms be invalid, this does not affect the validity of the other clauses. If a clause of these terms is only invalid in part, the remaining part shall remain valid. The parties are required to replace an ineffective clause by means of an effective replacement clause, which is as close as possible to the economic purpose of the ineffective contractual condition.
  4. Amendments to this contract are only effective in individual cases if they have been agreed to in writing or in text form (e.g. by e-mail).
  5. All contracts with the provider have to be concluded in German language. The contract texts are not stored by the provider.