TRUSTLY’S GENERAL TERMS AND CONDITIONS FOR CONSENT AND PAYMENT VIA TRUSTLY DIRECT DEBIT, VERSION 3.1 (THE “TERMS AND CONDITIONS”)
1. GENERAL INTRODUCTION TO THE SERVICE
1.1 Trustly Direct Debit is a service, developed by Trustly Group AB (registration number 556754-8655), a Swedish licensed payment institution, (“Trustly”), pursuant to which you (the “User”) can provide Trustly with a mandate to execute recurring payments from the User’s bank account via direct debit to an online merchant providing the User with a product or a service (the “Merchant”), (the “Service”).
1.2 By providing your consent to the mandate text for autogiro (eng. Direct debit) (“Mandate Text”), that you find in connection to where you select which bank account to connect, and by agreeing to these Terms and Conditions, the User provide Trustly with a mandate to withdraw money from a bank account chosen by the User by direct debit. The User will be advised of the sum to be withdrawn by the Merchant. The sum will be withdrawn from the User’s bank account within seven bank days from Trustly’s initiating of the withdrawal.
1.3 If there are insufficient funds in the account on the day when the sum is to be withdrawn, new attempts shall be made to withdraw the money. Alternatively, the User may be asked to pay the sum using a different payment method. If there are insufficient funds in the account on the day when the sum is to be withdrawn, fees and penalty interest may be payable in accordance with what was previously agreed.
1.4 The Service is not offered by or affiliated with the User’s bank. The Service is provided to the User by Trustly through the Merchant. Please read these Terms and Conditions carefully. In case you do not accept the Terms and Conditions, do not proceed with the transaction.
1.5 These Terms and Conditions includes the information Trustly shall provide to the User in accordance with Chapter 4 Section 10 in the Swedish Payment Service Act. The User may at any time request a copy of these Terms and Conditions by sending a request to Trustly via the channels listed under section 14 below.
1.6 The Terms and Conditions may be revised from time to time. In the event of a change of the terms, the revised version will be labelled with a new version number. The User will be provided with an updated version of the Terms and Conditions no later than 2 months before their proposed date of application. The User can either accept or reject the changes before the date of their proposed date of entry into force. The User shall be deemed to have accepted the relevant changes to the Terms and Conditions if it does not notify the Trustly before the proposed date of their entry into force. In the event that the User rejects the changes, the User has the right to terminate the Terms and Conditions free of charge and with effect at any time until the date when the changes would have applied.
2. LOGIN INFORMATION AND SIMILAR PROVIDED BY THE USER
2.1 Setting up the direct debit mandate, which the User does by logging into its online bank using Bank ID and selecting which account he or she wants to connect to the mandate, will be deemed as approved by the authorised user of the account. The login information supplied by the User, in connection with the login, will be collected and processed by Trustly. Trustly will forward the information via the Service interface to the corresponding interface in the User’s online bank over an established secure connection. All communication transferred when using the Service is encrypted and the secret login information of the User is only forwarded to the corresponding input-field of the selected bank but is never stored.
3. INFORMATION OF THE USER
4. UNAUTHORISED TRANSACTIONS
4.1 If an unauthorized transaction has been carried out from the User's bank account as a result of the User failing to protect his personal login information, the User is responsible for the amount, but no more than SEK 400. If the unauthorized transaction has been carried out as a result of gross negligence, the User shall be responsible for the entire amount, but no more than SEK 12,000. If the User has acted particularly blameworthy, the User is responsible for the entire amount. If the User is entitled to reimbursement under this section 4.1, the User’s bank is liable for these claims.
4.2 If the User discovers that there have been erroneous withdrawals or unauthorized transactions in the User's bank account, Trustly must be notified immediately. The User shall also notify its bank as soon as possible after becoming aware of the unauthorized transactions, as the User will otherwise be responsible for the entire amount. If someone other than the User is authorized under the account agreement, the other person's actions shall be considered as if the User acted for itself.
5. INFORMATION ON PAYMENT TRANSACTIONS
5.1 Upon a request from the User, Trustly shall provide the User with a list of payment transactions conducted under the direct debit mandate containing the following information:
information that can be used to identify the payment transaction(s) and the payee(s) for such transaction(s);
amount and currency used of each payment transaction;
information on value date for the payment transaction or the day when the payment order was received; and
information on the exchange rate used (if any) in accordance with 13.2.
5.2 Trustly shall not have to provide the information set out above more than once per month. The information will be sent via email to the User.
6. GENERAL REQUIREMENTS TO QUALIFY TO USE THE SERVICE
6.1 To use the Service, the User must be of at least eighteen (18) years of age, or of such age as required by the Merchant, with capacity to enter into legally binding contracts and have the right to dispose of the assets available on the User’s online bank. The User hereby guarantees that these requirements are met. Moreover, the User guarantees that it shall not use the Service for any purpose that is in violation of its agreements with third parties or applicable law. The User is personally responsible for any and all such violations and acknowledges, by using the Service, that the use of the same does not result in any such violation.
7. TRANSACTION TIMES
7.1 The User acknowledges that the payments conducted via direct debit is transferred via general clearing systems, meaning it might in exceptional cases take up to three (3) banking days before funds from the Users are settled with the Merchant.
8. PAYMENT ORDER
8.1 Once the User has consented to payment via direct debit, the Merchant sends a payment order to Trustly for each payment to be deducted from the User's bank account. This payment order is considered received when the Merchant sends the order to Trustly. Trustly then notifies Bankgirot who controls whether a valid direct debit consent exists and instructs the User's bank to charge the relevant amount from the User's bank account.
9. REVOKING A PAYMENT ORDER
9.1 If the User want to cancel an upcoming payment with Trustly in accordance with the Mandate Text section 2.5 (Stop payment (revocation of a payment order)), the User must inform Trusty thereof via the channels stipulated under section 14 no later than 16.00 CET two bank days prior to the due date.
10. SUSPENSION OF THE SERVICE
10.1 Trusty may have to suspend the Service to deal with technical changes or to update the Service to reflect changes in relevant laws and regulatory requirements.
11. LIABILITY AND COMPENSATION
11.1 Trustly is liable to the User for payment transactions executed through the Service to the extent set out in the Swedish Payment Services Act (2010:751) (as applicable from time to time). Unless required by mandatory applicable law, Trustly shall in no case be liable to the User for any direct or indirect loss or damages incurred due to the use of the Service.
11.2 The User’s purchase of goods, services, digital content or otherwise from the Merchant will at all times be subject to the Merchant’s terms and conditions and Trustly shall in no way be liable for the actions or inactions of the Merchant. Please ensure that you have reviewed and accepted the Merchant’s terms and conditions before using the Service.
12.1 The User is entitled to request a refund of a payment transaction conducted under these Terms and Conditions in the following situation:
the exact amount of the payment transaction was not presented to the User when the payment transaction was approved; and the payment transactions amount exceeds the amount the User could have reasonably expected based on its previous expenses pattern, conditions in these Terms and Conditions and other relevant circumstances.
12.2 Any claim for a refund under section 12.1 must be presented to Trustly or to the User’s bank no later than eight (8) weeks from the day the payment was debited on the User’s bank account.
12.3 Trustly shall within 10 day from receipt of a request for refund either refund the payment to the User or explain the reasons for not refunding the User. In case Trustly does not refund the User, the User can file a complaint against Trustly’s decision in accordance with section 19.2.
13. POTENTIAL CHARGES AND FEES APPLIED BY THE BANK OF THE USER
13.1 When executing a payment transaction through the Service, a fee, chargeable to the User’s bank account, may apply according to the terms of the agreement between the User and its bank. By using the Service, the User acknowledges that he or she is solely responsible for any and all fees applied by his or her bank when executing payments/transactions.
13.2 Trustly does not charge the Users any fees for the provision of the Service.
14. COMPLAINTS AND NOTIFICATIONS OF DELAYS, INTERRUPTIONS, MALFUNCTION ETC.
14.1 If the User notice any indication of malfunction of the Service, the User shall notify Trustly promptly. Any questions or complaints relating to the Service shall be submitted to Trustly via the contact form on Trustly’s Support Center available at https://trustly.net/support or sent to email@example.com. Users can also contact our Complaints Manager by sending a letter to the address below:
Trustly Group AB
To: Complaints Manager
113 57 Stockholm/Sweden
14.2 Trustly will respond to questions or complaints electronically and in English. However, the User has the right to request that a response shall be translated into the official language where the Service is offered.
14.3 Trustly follows the Swedish Financial Supervisory Authority’s general guidelines on complaints management (FFFS 2002:23) and handles complaints in accordance with existing regulations. For further information on how Trustly handles questions or complaints, please visit https://trustly.net/support.
15. FORCE MAJEURE
15.1 Trustly shall in no case be liable for any economic loss, delay or failure in performance to the extent such loss, delay or failure is caused by fire, flood, explosion, war, strike, embargo, governmental requirements, civil and military authority, data trespass, denial-of-service (DoS) attack, unlawful action of the User or any other cause beyond Trustly’s reasonable control.
16. SUSPECTED CRIMINAL ACTIVITY AND SIMILAR
16.1 Trustly unilaterally reserves the right to take appropriate measures, keep records of and suspend a transaction of the User in the event of suspected criminal or illicit activity, imminent civil actions by third parties due to the providing of the Service or any other act or omission such as severe malfunction or misuse of the Service that might expose the User or Trustly to damage regardless of the nature of such potential damage.
17. KNOW YOUR CUSTOMER (KYC)-REGULATIONS AND USER OBLIGATIONS TO PROVIDE INFORMATION
17.1 The transactions carried out by the User are subject to monitoring in order to comply with applicable provisions regarding measures to counter money laundering and terrorist financing. The policies and practices applied are constantly revised and may vary from time to time and depend on circumstances concerning the User, such as transaction pattern, geographical position, etc. Records may be kept in order to comply with the applicable provisions and additional information can be requested from the User to determine the answers to questions of identity, purpose of transaction and origin of capital. By executing a payment transaction via the Service, the User undertakes, at the request of Trustly, to supply all such information that may be necessary for these purposes. The User understands that if such information is not submitted, Trustly may refrain from making a withdrawal and, in the long term, may terminate the Service.
18.1 If any provision in these Terms and Conditions is found to be invalid or unenforceable by a court or any competent jurisdiction or administrative authority, the invalidity or unenforceability of the provision will not affect the other provisions of this agreement, which will continue to apply fully. If any provision of these Terms and Conditions is found to be invalid or unenforceable in any way but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid and enforceable.
19. GOVERNING LAW AND DISPUTE RESOLUTION
19.1 These general Terms and Conditions shall be governed by Swedish law. Disputes shall initially be resolved through good faith negotiations between the parties after a claim has been lodged by the user, after which Trustly shall examine the claim within thirty (30) days. If the parties cannot reach an amicable settlement on the claim, the dispute shall be resolved in accordance with the provisions for civil cases.
19.2 A User can also contact the National Board for Consumer Disputes (ARN). Please visit Trustly’s Support Center available at https://trustly.net/support for further information on how a User can identify and contact the out-of-court complaint scheme in its home country. A User can also get advice and guidance on how to take a User’s complaint further through Konsumenternas Bank- och Finansbyrå and through the local consumer advisory service of a User.
20. TERM AND TERMINATION
20.1 These general Terms and Conditions shall be valid until the User cancels the Service or if Trustly terminate these Terms and Conditions. The termination shall have immediate effect without affecting the responsibilities under these general Terms and Conditions concerning ongoing or completed payments and/or refunds.
Trustly Group AB (556754-8655) Rådmansgatan 40
113 57 Stockholm, Sweden
Supervised by the Swedish Financial Supervisory Authority
103 97 Stockholm
Phone: +46 8 408 980 00