All future changes set out in the Policy Update already posted on the "Legal Agreements" homepage of the Paypal website at the time you register with the Services are attached to this Agreement and enter into force as specified in the Policy Update.
Paypal may require you to have a Paypal Account to use the Services (which includes, among others, sending or receiving payments or using Paypal as a way to sign in to third party services).
IMPORTANT INFORMATION: MAIN RISKS AND CONDITIONS
You are solely responsible for understanding and complying with all laws, rules and regulations of your jurisdiction that would be in force with respect to your use of the Services, including, but not limited to, any of the following: those related to regulated activity, licensed activity, export or import activity, taxes or foreign exchange transactions.
Consider the following risks and key terms when using the Services:
Risk of payment cancellations:
A payment received on your Paypal account can be cancelled later (in some cases up to 180 days after receipt of payment) if such payment is subject to a refund of charge, a cancellation, a claim or if it is otherwise invalidated. In these cases, some payments made to our vendors on your account may be returned to the sender or withdrawn from your account after they have been made or after the items or services sold have been delivered.
You can contribute to your own protection against the risks associated with transactions made from your account by following the criteria set out in the Paypal Seller Protection Program and advice provided to sellers that can be found on the "Security Center", accessible from almost all pages of the Paypal website.
A key requirement to be covered by the Seller Protection program is that the seller must send the item to the address listed on the Transaction Details page. If the item is delivered in person or if the seller sends the item to a different address (for example, if the buyer asks him to deliver it to another address because it is a "working address" or a "gift" address)shall not meet the requirements for reimbursement under the terms of the programme.
We may cut, suspend or limit access to your Account or our Services and/or limit access to your funds on terms and for the time reasonably necessary to protect us against the risk of liability (see Section 10.2) if you breach this Agreement, including the Paypal Acceptable Use Policy, or any other agreement between you and Paypal. For the avoidance of doubt, we may permanently block your account in the event of violation of section 10.6 (Information about you).
Paypal Payment Withholding Risk:
· The element of your Account that constitutes the payment functionality will be known as "Payment Account". The Payment Account is the operational part of the Account through which you have access to funds and which can be used for the execution of payment transactions.
· The element of your Account that constitutes the booking functionality will be known as "Booking Account". Your access to the Reserve Account is restricted and you do not have the ability to access the funds in the Reserve Account or to execute payment transactions with funds from the Reserve Account. Funds held in the Reserve Account may be marked, for example, as "Outstanding", "Not cleared" or "Retained".
Some situations in which Paypal may withhold funds to minimize risk occur when those funds are subject to:
· A bank transfer payment to add funds (see section 3.3).
· Seller’s processing delay (see section 4.7).
· Reserva (consulte la sección 10.4).
· Booking (see section 10.4).
· Payment review (see section 5.2).
· Withholding of payments (see section 10.5).
Restricted activity and measures taken by Paypal (see sections 9 and 10).
If you wish to open a Dispute through the Paypal Resolution Center, you must do so within 180 days of payment.
Making of payments.
You must take these risks and tips into account when using Paypal.
For more information about the Paypal service, read Key information about payments and services.
1. Our relationship with you.
1.1 Paypal is only a payment service provider.
Paypal (Europe) S.à.r.l. et Cie, S.C.A. (R.C.S. Luxembourg B 118 349) has the necessary licences as a credit institution in Luxembourg in accordance with Article 2 of the Financial Sector Act of 5 April 1993, as amended (the "Act") and is under the prudential supervision of the supervisory authority of Luxembourg, the Commission de Surveillance du Secteur Financier, with registered office in L-2449 Luxembourg.
1.4 Communication with you.
1.7 Requirements. To qualify for our Services, you must (i) be a resident of one of the countries listed on the Paypal page worldwide; (ii) have full legal capacity to enter into a contract and (iii) if you are a private person, be at least 18 years old. Also, by opening an Account with us, you declare and warrant that you will not act in the name or for the benefit of any other person, unless you are opening the Account at the request of the company for which you work, an undisclosed payer or a third party payee. If you do not act on behalf of the company you work for, the new Account must be in your name only. If you reside in another country, you can access your agreement from the Paypal website(s) in that country (if any).
2. Your account and balances.
It is not necessary to have Balance at all times but, if you use the service to pay another user, you must have sufficient Balance in your Account to cover the amount of payment (and the transaction fees to be paid to us).
To obtain a Balance in your Account, you can, according to these Conditions:
· accept a payment on your Account from another person; or
· get Electronic Money from us by paying us the equivalent amount. You can do it:
· automatically through the corresponding Sources of Funds to cover the payments you request us to send to other Users (and the transaction fees you must pay us). The execution of the payment from your bank or the issuer of your card to Paypal is the responsibility of the bank or the issuer of your card; or manually using the Add Funds feature available in the interface of your Account to pay us or order us to withdraw payment from your bank account under the authority conferred upon us by tying your bank account as a Source of Funds (refer to Section 3.3).
2.3 Account information (including information on transactions and balances). Unless your Account is restricted, you can access details of executed payment transactions and other information related to your Account and Balance transaction history by logging into your Account. You will be provided with key information related to your e-mail payments and will also be updated with your transaction history, which you will be able to access at any time by logging into your Account. You can also access a downloadable report in the "History" section of your Account. The "History" section will also show all Fees incurred, as well as other amounts charged to your Account in the relevant period. The "history" will only be updated and will only be available if there is activity in your Account or if you have incurred any Rates in the relevant period. Paypal reserves the right to charge a Fee for providing you with additional information or for providing you with transaction history and other Fee information in a different way. The way we provide transaction information will allow you to store and reproduce information without changes, such as printing a copy. Paypal ensures that transaction data are accessible for consultation on the Internet for at least 13 months after the date on which they were made available to you. You agree to review your transactions through your Account History instead of receiving periodic statements by post.
2.4 Compensation. You agree that we may offset any amounts retained in accounts held or controlled by you with fees, charges or other amounts owed to us and (unless otherwise prohibited by law) amounts owed to other members of the Paypal Group (including, but not limited to, services provided by any member of the Paypal Group). In other words, our right to compensation means that we may deduct from an account that belongs to you or that you control such rates, charges or other amounts mentioned in this section.
2.5 Amounts you owe us. When the total amount due to us exceeds the amount in your Balance, we can show the Balance in negative figures as a reflection of the net amount you owe us.
2.6 Balances in various currencies. If one of your Account Currency Balances shows that you owe us funds for any reason, we can offset the amount due to us by using funds held in a Balance in a different currency or by deducting the amount owed from the money you receive in your Account, or in another Account, and deducting funds from any withdrawal you attempt to make. If, for a period of 21 days, you have a negative balance which is not in euro, Paypal will convert the amount due to euros. A Currency Conversion Rate as set out in Section A3.1.1 of Annex 1 shall then be applied for the conversion of the amount owed to us into euro (in accordance with Section 8.2).
You are responsible for all risks associated with maintaining balance in various currencies (including, but not limited to, the risk that the value of these Balances will fluctuate as exchange rates change, which over time may lead to a significant increase or decrease in the value of the Balances). It accepts that it will not attempt to use several currencies for speculative purposes.
2.7 Guarantee of security. To ensure compliance with these Terms and Conditions, you grant Paypal a right of legal claim against the earnings of your Account as security for any amount you owe us. This is known in legal terms as "lien" or "security interest" on your account.
3. Sources of funds.
3.1 Linking your Source of funds. You can link or untie a debit card, credit card, prepaid card (in some cases), bank account or Paypal Credit as a Source of funds for your account. Keep your Source of Funds information up-to-date (i.e., credit card number and expiration date). If this information changes, we may update it as indicated by your bank or card issuer without any action on your part.
You can choose to confirm your card or bank account so that we can verify that the card or bank account is valid and that you are the holder. We may allow you to do so by following the process of linking and confirming the card (for cards) or the process Bank account confirmation (for bank accounts) or other processes that we may notify you or that we may publish from time to time.
3.3 Bank accounts. By tying your bank account as a Source of Funds, you grant Paypal a permanent authorization (in accordance with the terms of the order used by your bank to establish and maintain the authorization) to automatically charge your bank account for the amount needed to purchase Electronic Money on your Balance:
It grants Paypal the right to reissue any charges that you have authorized and that have been refunded for insufficient or uncollected funds. If you cancel a charge on a bank account (including, among other things, any charge on a bank account in the SEPA area), you agree to reimburse us for the value of the products or services you have consumed with the proceeds of that charge on a bank account.
You agree that when Paypal receives a payment from your bank account to obtain Electronic Money in your Account, Paypal may retain the funds in your Reserve Account as long as Paypal determines that there is a risk for insufficient funds. In such cases, you will not be able to dispose of the Electronic Money in your Payment Account (which includes the execution of any Payment Order that has been made to cover the bank payment) until Paypal determines that the risk has passed through insufficient funds. Until then, the bank payment will appear as "Not Compensated" in your Account details. Paypal does not have all the information necessary to make bank payment funds available to you until it determines that you have passed the risk for insufficient funds.
Paypal reserves the right to ask you to deposit funds for the requested payment by using the bank account to reduce the risk (including, among others, the risk of insufficient funds) associated with the Payment Order.
3.4 SEPA area bank account charge (for users with registered addresses in Cyprus, Estonia, Greece, Ireland, Latvia, Lithuania, Malta, Slovakia and Slovenia): after the implementation of the use of SEPA Account Debit Agreements by Paypal in the country in which it resides, provided that it registers a bank account with Paypal or pays with a new bank account for the first time, will grant Paypal a SEPA account charge agreement. Whenever you want, you can exclusively access that agreement and your Reference Number (MRN) in your Paypal Account profile, as well as cancel it or change it for future transactions.
Once this is done, whenever you make an electronic transfer from your bank account to Paypal via a SEPA bank account charge, authorises Paypal to use the agreement and withdraw the amount from its bank account as explained in this Section 3.4, and also authorises its bank to make the payment to Paypal. You can claim a refund from your bank within 8 weeks of the date on which the payment is made through a charge to your SEPA bank account, according to the bank’s terms and conditions.
Paypal will inform you of the amount of the payment through a charge to the SEPA bank account and of the deadline by which Paypal will withdraw the amount from the bank account together with the purchase confirmation. If Paypal re-sends a request for payment via SEPA bank account charge due to the Cancellation of the original payment, no (additional) information will be given about the amount and the deadline before re-sending it.
3.5 Special fund mechanisms: some payments may be made with special fund mechanisms linked to your Account, such as a specific balance of a seller or transaction, gift vouchers or other promotional fund mechanisms whose use and priority are subject to additional conditions between you and Paypal ("Special Fund Mechanisms"). The General Description of your account may show the theoretical amount available in your Special Fund Mechanisms to make eligible payments at any given time. This amount does not constitute Electronic Money, is not considered part of your Balance and is not exchangeable in cash; it only represents the amount of Electronic Money offered by Paypal to issue and pay into your Paypal account at the time of (and only to deposit funds immediately) a Paypal payment that meets the requirements, subject (and only for the period indicated) to the additional conditions of use of that Special Fund Facility. If your Paypal payment is terminated with a Special Funds Mechanism (including, among others, cancellation) later for any reason, Paypal will retain the amount representing the portion of that Paypal payment made through the Special Funds Facility and (unless the Special Funds Facility has not yet expired) will reinstate the Special Funds Facility.
1. Select a credit card that has expired.
2. There is a Special Fund Facility available to cover the Payment Order in its place, in which case Paypal may use the Special Funds Facility to obtain Electronic Money to cover the Payment Order before using its preferred Source of Funds.
3. Has Balance to cover the Payment Order instead, in which case Paypal can use your existing Balance (after any Special Funds Facility) to get E-money to cover the Payment Order before using your preferred Source of Funds.
3.7 Is a preferred Source of Funds not selected or not available? If you have not selected a preferred Source of Funds or it is not available, Paypal will get Electronic Money in its Balance to cover the Payment Order from the following sources and in the following order as far as possible:
Mechanisms of special funds.
Default sources of funds
Used in the following order (to the extent that such Sources of Funds are available for use with your Account):
3.8 Limitations of Sources of Funds. To manage risk, Paypal may limit the Sources of funds available for a transaction. If we limit a Source of Funds, we will warn you that the level of risk associated with payment is higher than normal (for example, without limitation, a risk that the payment may be contested because it is not authorized). Such notification does not mean that either party to the transaction is acting fraudulently or dishonestly. It means that there may be a higher than normal level of risk associated with payment. You can also limit Sources of Funds if you make a payment through certain websites or third-party applications. In the case of commercial Paypal payments, you can only make the Paypal payment with your existing Balance.
If your Sources of funds are limited, you may decide to continue the transaction knowing that you may have fewer avenues available for the resolution of a dispute if the transaction does not have a satisfactory outcome (for example, if one of your Sources of Funds is your credit card but, as a consequence of a limitation of Sources of Funds, you cannot deposit funds for Paypal payment by credit card, you will not have any refund fees on the Paypal payment).
4. Sending of money.
1. the Payment Order before 16:00 (local time of the country in which your Account is registered) on a Business Day. If you provide us with your Payment Order after that time or on a non-business day, you accept that we receive the Payment Order on the following business day;
2. an exclusive identifier or other valid details of himself or the recipient that Paypal or the person to whom it pays can reasonably request when filling in the details to make the Payment Order;
3. ask us to make a payment in another way that we can notify you when executing the Payment Order when applicable.
Our obligation to process Payment Orders on 1 Business Day from the date you send us a valid Payment Order only applies to payments between users with an account registered in the European Economic Area ("EEA") and made in sterling, euro or the EEA State currency which has not adopted the euro as its currency. Once you have given us the Payment Order, you cannot cancel it or withdraw your consent to the completion of the payment transaction, except in the case of Payments with prior approval, provided that it does so before the end of the working day preceding the date on which the next payment is to be made under the Authorisation of Payments with prior approval.
4.3 Payment order for withdrawal. Under the terms of these Terms and Conditions of Use, with the Withdrawal Payment Order, you order and authorize us to redeem Electronic Money from your Balance. Section 6 applies to this type of Payment Order.
4.4 Insufficient funds in the Balance. We have no obligation to execute the Payment Order if you do not have sufficient funds in your Balance. Paypal reserves the right not to make a payment made by you until funds are available (this also means, without limitation, that Paypal is not obliged to settle a refund transaction before it has received funds for the original transaction).
4.5 Limits for sending. If you have a periodic shipping limit in your Account, you can view it by logging into your Account and clicking the link to see the shipping limits on the "Overview" page. We may, at our reasonable discretion (for example, without limitation, to limit the risk of fraud or credit), impose lower limits on the amount of money you can send through our Service. To remove the shipping limit, you must follow the steps that we will notify you or that we will publish when applicable (which we can expose on the Overview page).
4.6 Transactions rejected. When you send E-money, even if E-money is available to the recipient, it is not necessary for the recipient to accept it. You agree that Paypal will not be liable for any damage resulting from a recipient’s decision not to accept a payment made through the Service. In such cases, it shall:
1. We will promptly refund any payment rejected or refunded to your balance or, if applicable, to your original Source of funds.
2. We will refund the unclaimed payments to your balance within 30 Days after the date on which the payment began.
4.7 Seller’s processing delay. When you pay certain sellers (for example, sellers working with Internet platforms) or make a payment for certain purchases (for example, purchases that have not yet been sent to you or that the seller can still modify), is:
1. authorizing the seller to collect a payment at a later time; and
2. ordenando a PayPal que pague al vendedor en el momento en que este solicite el pago.
The authorisation will normally be valid for 30 days. If you have a positive balance at the time of making the Authorization, you agree that Paypal may retain the amount of the payment as outstanding in your Booking Account until the seller collects your payment. If your payment requires us to perform a currency conversion, the final exchange rate (which includes a Currency Conversion Rate) will be determined and applied (in accordance with Section 8.2) at the time the seller processes the payment and completes the transaction.
Your Authorization allows the seller to modify the amount of the payment before collecting it (to take into account any modification of the purchase you have agreed with the seller, such as new taxes, shipping or postage, or discounts). Paypal may define a maximum amount for payment to the seller in certain circumstances that may be shown to it on the payment authorization page itself. Paypal is not obliged to verify any modification at any time (including the time when the payment is transferred). Paypal can transfer any amount according to your authorization, as well as upon receipt of instructions on the amount of the final payment by the seller (subject to any maximum amount defined and communicated by Paypal for the payment in question).
4.8 Pre-approved payments (also known as Automatic Payments). By providing an advance authorization to make Payments with prior approval:
· offers the third party the ability to collect or cancel payments of fixed or variable amounts from its Account only once, sporadically or periodically (sporadically or periodically) (as specified in the applicable payment agreement, a document that you accept when granting the Authorisation) until you cancel the Authorisation or the underlying agreement with the third party concerned; and
hereby authorises Paypal to pay to the third party (or to any other person indicated by it) from your Paypal Account amounts that you owe in accordance with the third party’s submission. This makes the recipient a trusted beneficiary for all payments made under that authorization, so we will not ask you to log in or approve payments when they are made. You agree that Paypal is not obliged to verify or confirm the amount presented to us by the third party in order to process this type of payment. You further acknowledge and agree that payments made under this clause are variable and may be made at different dates.
If you use the Paypal Location-Based Payment Functionality to make a Payment with prior approval to another User (usually a seller) who accepts payments using such functionality, you can authorize this User by selecting it in the Paypal Location Based Payment Functionality. By authorizing this User, we may restrict the total amount that the Authorized User may request from his Account within a specific time period, determined at our sole discretion.
If the payment with prior approval requires that we make a currency conversion, the amount of the Currency Conversion Rate (as set out in Annex 1) shall be determined at the time when the third party concerned processes the payment and completes the transaction. You agree that the exchange rate used at the time of each payment transaction will be different and that the execution of pre-approval Payments will be based on fluctuating exchange rates.
Potential Recipients of Payments acting under the above Authorizations and submitting a payment request to us under this provision, by this document:
1. guarantee Paypal that the amounts submitted will have been agreed and accepted by the User from whose Account they will be deducted (including changes to those amounts) and that they will notify the payer of this deduction; and
You agree that you cannot request a refund from Paypal for a pre-approved Payment unless:
1. at the time of the granting of the Authorisation, the amount of the payment transaction has not been specified and that this amount would exceed the reasonable expectations it had, taking into account its past expenditure patterns and the circumstances of the case; and
2. has not consented to the payment being made by third parties in accordance with Section 4.1(e); or
3. the information related to the payment initiated by third parties would not have been provided to him or her at least 4 weeks prior to the completion of the payment transaction to the seller; and
4. inform us of the request within 8 weeks from the date of payment; and
5. respond to our requests for information that we may reasonably need to review the circumstances of the case. We reserve the right to request additional information that we reasonably need to determine whether the above conditions have been met or to suspend the above conditions in part or in full.
4.9 Cancellation of Payments with prior approval. You can cancel a Payment with prior approval at any time up to 1 Business Day before the date on which the payment is scheduled. To cancel a Periodic Payment, log in to your Account, access the "Settings" tab and then access the "Profile" tab and, in the "Payment Settings" section, click "Periodic Payments" and follow the instructions to cancel the payment. In addition, if you cancel a Payment with prior approval, you may still be liable to the seller for payment and may be asked to pay the seller in some other way.
When using the Paypal Location-Based Payment Functionality to grant an Authorization for a Prepayment with prior approval to a User (usually a seller) who accepts payments through such functionality, You can only cancel the Authorization by following the steps to cancel the User’s selection in the Paypal Location Based Payment Functionality.
4.10 Mailing of electronic Money in several currencies. Money can send in American dollars, Canadian dollars, euros, pounds sterling, yenes, Brazilian Australian, real dollars, Czech crowns, Danish crowns, dollars hongkoneses, forints Hungarian, new Israeli shéquels, Mexican pesos, dollars neozelandeses, Norwegian crowns, zlotys Poles, Philippine pesos, dollars of Singapore, Swedish crowns, Swiss francs, bahts Thai and new dollars of Taiwan. There can be restrictions as regards where he can send certain currencies. On having sent money to a seller who has requested a currency different from the main currency of its Account, it will have to specify if he wants to pay away from the seller in the currency requested by the seller or in the main currency (in some cases, it is possible that the seller does not offer him this option). If he sends electronic money in a currency different from its main currency, we continue the following procedures:
If it has balance in the requested currency, we will deposit the funds for this deal from its balance.
If it has Balance in a different currency, we will realize a currencies conversion (in accordance with the section 8.2) and will use the Balance turned to deposit the funds for its deal.
If it has no balance, we will deposit the funds for the deal using its predetermined funds Sources.
4.11. To send SMS to buy of mobile PayPal. To send SMS to buy of mobile PayPal is a service that allows him to send and receive payments, as well as check its Balance, across the mobile phone. To send SMS to buy of mobile PayPal cannot be available out of Spain or for any providers of telephone services. Restrictions exist in the type of Source of funds that it is possible to use to realize a payment across Sending SMS to buy of mobile PayPal. He accepts that he is the holder of the telephone numbers that it registers in Sending SMS to buy of mobile PayPal and that he will inform us about immediate form by means of a call to the Service of Attention to the Client (the contact information can be in the Center of help of PayPal or initiating meeting in its account) if it changes the telephone number or loses its phone. If he does not inform us immediately and we keep on sending messages SMS to not valid telephone number, these circumstances there will not be able to demand any responsibility from us given. You will be responsible for any charge which you incur before its provider of services of telephony or third any other due to the use of Sending SMS to buy of mobile PayPal, as well as the charges for the services SMS and of information. Its provider of services of telephony is not the provider of the services of PayPal. He recognizes and accepts that if it uses the service to Send SMS to buy of mobile PayPal we will reveal its direction (that you will maintain as valid) to some sellers so that there could be sent to him the goods and services for that he asks.
5. Money reception.
PayPal can allow to any person (with or without Account PayPal) to initiate a payment in the one that is expressed or transfers electronic Money to its Account.
5.1. Elimination of the limit of reception. If it has a reception limit in its account, it can see it initiating meeting in its account and clicking in the tie to see the limits of the account in "General description". We can, to our reasonable tact (for example, and without restrictions, to reduce the risk of fraud or credit), to impose limits in the quantity of money that you can receive across our Service. To eliminate the reception limit, it must continue the steps that we will notify to him or that will publish when it should proceed (that we can exhibit in the general Description).
5.2 Payments review. Payments review is a process by means of which PayPal checks certain payment deals potentially of high risk. This can be due to the fact that PayPal suspects on good grounds that the Instrument of payment or the Account is used as regards restricted Activities (according to the established in the section 9) or for other motives that we determine to our reasonable tact. If a payment is subject to Review of payments, PayPal:
1. he will execute the Payment authorization initiated by the buyer;
2. to PayPal tact, it will restrict immediately on having produced such an execution to him the Instrument of payment of the buyer;
3. it will apply a retention to the payment, what means that the funds are retained in the Account of reservation of the seller;
4. it notifies the seller who delays the mailing of the article acquired by the buyer; and
PayPal has not all the necessary information to put the funds at the disposal of the seller in the Account of payment of the seller until the payments Review is finished and PayPal has decided that the payment is correct. When a payments Review finds a problem, the payment will be cancelled and the funds will return to the buyer from the Account of reservation of the seller. All the payments that complete the payments Review still can be cancelled according to the terms of these Conditions of use but they will be able to choose to the protection program of the seller if they fulfill the requisites of the protection Politics of the seller. PayPal will warn him by e-mail or across the Historic eyelash of deal of its account PayPal. A payment submitted to the Review of payments is only a review of the payment and it is implemented to reduce the risk that the PayPal users receive deals of high risk. A payment submitted to the Review of payments is neither a review nor a declaration of PayPal of the commercial dealings, of the character or the reputation of a part with regard to a payment deal and it is not necessary to consider to be an impairment of the respect deserved by any person.
5.3 Risk of Cancellations, Returns of charge and Claims. The reception of a payment in its Account PayPal is not the same as the reception of compensated funds. The notification of which electronic Dinero has sent him to himself is not equivalent to the reception of electronic Money in its Account unless he has accepted the payment. You recognize and he accepts that a payment deal has been completed and that you have received it, although it is subject to a Cancellation, Return of charge, Claim, Reservation or retention. When you receive a payment, you are responsible before PayPal of the finished amount of the above mentioned payment more costs which we incur or the tariffs if later it will be invalidated for any motive. In addition to other responsibilities, if a cancellation takes place or if it loses a return of charge or claim and cannot choose to a payment in accordance with the protection program of the seller, you will owe to PayPal an amount equivalent to the cancellation, return of charge or claim more Tariffs concentrated on the annex 1 (included the tariff for cargo return, if you proceed) and PayPal will carry a charge out in its Balance to recover this amount. If the balance in its account is insufficient to cover its responsibility, PayPal reserves the right to satisfy its debt using the payments received in its account and, in the opposite case, you promise to reimburse PayPal by means of other means. PayPal also can recover the amounts that it owes us for legal means, included, but without limiting itself to it, the employment of a company of debt cashing. If the issuer of a payment presents a cargo Return, the issuing entity of the credit card (and not PayPal) will determine who gains the cargo Return.
5.4 PayPal and its clients.
He promises not to give false informations about PayPal or to value it negatively like form of payment for its communications with the clients or for public bulletins.
If he allows to its clients to pay with PayPal, it will have to treat the payment with PayPal at least as well as other offered forms of payment.
PayPal does not recommend to apply supercargoes because this commercial practice can penalize the consumer and create confusion, friction and abandonment of the process of payment of unnecessary form. He promises to receive extra charges for the use of PayPal only in accordance with the current legislation. He accepts as well as if some type of extra charge charges from the buyers, you, and not PayPal, he will inform the buyer of the requested charge. PayPal does not have any responsibility before any buyer if you do not inform it about an extra charge. The nonperformance of some of the previous dispositions will constitute the rupture of these Conditions of use and will force PayPal to cancel them, according to the stipulated in the section 7.
5.5 Money reception in several currencies. It is not necessary that it maintains Balance in a concrete currency to accept the payments sent in the above mentioned currency. If it already maintains Balance in the currency in which it receives a payment, we will pay all the payments received in this currency in its Balance. When you (and not PayPal) offers a currencies conversion in the point of sale, you will inform the buyer of the exchange rate and the charges that will be applied to the payment deal. PayPal does not have any responsibility facing the buyer in the cases in which you have not informed him about the exchange rate and the charges. He admits that if it does not reveal to the buyer the exchange rate and the charges, it can constitute a crime for his part.
5.6 Taxes. It is his responsibility to determine what tariffs to apply to the payments that it realizes or receives, if it proceeds, and it is his responsibility to collect, to inform and to send the correct tax to the pertinent fiscal authority. PayPal is a person in charge of determining if they are applied imposed to the deal neither of collecting, of generating reports or of sending the taxes that are imposed to the deal.
5.7 Its politics of refunds, politics of privacy and safety. We recommend to him, if it is going to sell articles or services, to publish a politics of returns and a privacy politics in its web site. Its privacy politics must indicate definitely and of clear form that all the PayPal deals are subject to the Politics of privacy of PayPal. He must use the reasonable administrative, technical and physical measurements to maintain the safety and the confidentiality of all the information and the information of PayPal, it includes the information and the information about the users of PayPal and of PayPal. In addition to our rights exhibited in the section 10.2, where one determines that if there has been or there is a reasonable risk that a safety mistake takes place in its web site or its systems that might have as a result not authorized publication of information of the clients, we can adopt other measurements that we consider to be necessary or ask him to facilitate information related to the above mentioned mistake to us.
6. Retreat or swap of electronic Money
6.1 How to withdraw or to exchange electronic Money. It can withdraw funds transferring them electronically to its bank account (the functionality to withdraw funds sometimes is known like "transference on account bank") or, if he is a user registered in a Region of retreat with credit card, with its card of the marks MasterCard or Visa. The bank account or card for which it requests the application of electronic Money must be in the main currency of the above mentioned Account or in any another currency admitted by PayPal in its residence country. The Balances will be exchanged in the main currency of its Account. This means that:
If it transfers a balance in a currency different from the main currency of its Account, a currencies conversion Tariff will be applied to him as it is described in the section A3.1.1 of the Annex 1 to turn it into balance of its main currency (in accordance with the section 8.2).
If it transfers money to a bank account or card in a currency different from the main currency of its Account, a currencies conversion Tariff will be applied to him as it is described in the section A3.1.1 of the Annex 1 by the conversion of the amount of the currency transferred to the currency of its bank account or card (in accordance with the section 8.2).
Consult also the section 6.4 if the balance of its Account includes several currencies.
1. Limits of retreat or swap. He accepts to fulfill our requests to verify its identity before exchanging electronic Money for you, what will allow us to reduce the fraud risk, as well as fulfill our legal duties and against the money laundering. It can see its limits of periodic retreat (what includes the applicable ones to the retreat to its card of the marks Visa or MasterCard, as it proceeds), if they exist, initiating meeting in its Account and clicking in the tie "to See limits" in the page "General description". We can, to our reasonable tact (for example, and without restrictions, to reduce the risk of fraud or credit), to impose limits in the quantity of money that you can withdraw across our Service.
2. Methods of execution and period.
1. General. The swap deals from its payment Account will be executed inside the period established in the section 4.1,
2. Review of the deal. We will be able to check its retreat deal to minimize risks or to avoid the money laundering and to make sure that there are not realized restricted Activities (according to the established in the section 9) ("Risk of swap"). When we identify a swap Risk, we save ourselves the right to restrict its Instrument of Payment and/or to push its Payment authorization back. When it gives us instructions to realize a swap, we can treat this like one Payment authorization with future date that we will execute inside the period established in the section 4.1 once we determine that the swap Risk has happened. If we eliminate the restriction or happen to process its retreat, he accepts that the date of its Payment authorization will be that of the Working day in which the restriction was eliminated.
6.3 Elimination of the limit of retreat. To eliminate the retreat limit, it must continue the steps that we will notify to him or that will publish when it should proceed (that we can exhibit on the page general Description).
6.4 Money retreat in several currencies. If it has several currencies in its Balance, it will be able to choose from which he wants to withdraw funds but, unless he remembers otherwise, the retreat will be always realized in the main currency of its Account. If it can withdraw funds to its card of mark Visa or MasterCard, the retreat can be subject to a tariff as it is indicated in the Annex 1 of these Conditions of use and it can be realized in a currency different from the main currency if PayPal can admit the retreat into the basic currency of the card. Consult the section 6.1 to see how it is possible that a currencies conversion Tariff is applied to him for turning its Balance of or to the main currency of its Account on having withdrawn it.
7. Validity of its Account and way of closing it
These use Conditions come into force when he believes correctly an account PayPal and resolve themselves when the Account closes for any motive, with the exception of which they are still current as and in the time that we should need to proceed with the closing of its Account and to expire with the applicable legislation and the regulation (included, between others, the sections 1, 7, 8, 10, 14, 15, 16 and the Annex 1).
It can close its Account in any moment initiating meeting in her, clicking in the eyelash "Profile", in the tie "to Close account" and following the instructions. Consult <Center of help of PayPal> to obtain more information.
We can close its Account to our tact warning him with two months of advance. Also, we can close its Account in any moment in which:
· infringe the ready thing under these circumstances of use or let's have a right to close its Account as the section 10.2;
· do not gain access to its Account for three years; or
· let's suspect that one has gained access to its Account without its authorization.
When we decide to close its Account, we will warn him about the closing and, when it is feasible, we will provide the motives of the above mentioned closing to him, together with the aptitude to withdraw not opposed funds that we have retained.
On having closed its Account:
· we can cancel all the hanging deals and it will lose the Balances associated with the Mechanisms of special funds;
· we can suspend, border or cancel its access or the use of our Services, web sites, software, systems (included the networks and the servants used to provide any of the Services) controlled for our part or in our name or of the Services, in its entirety or partly;
· he will keep on being responsible for all the hanging obligations related to its Account before the closing in accordance with these use Conditions;
· we can maintain the information of its Account in our database in order to expire with our legal obligations; and
· we can retain its Balance after the closing in the quantity and during the time that turns out to be reasonably necessary to protect us or to protect a third one of the risk of Cancellations, Returns of charge, Claims, tariffs, fines, penalizations and other responsibilities of the nature that will be. After this time, it will be able to withdraw not opposed funds that we have retained. Get in touch with the Service of Attention to the Client of PayPal if it has some question on the funds retained in its Account in case of closing.
If the legal representative of an account Holder is incapacitated or deceased, get in touch with us in the Center of help of PayPal.
8. Tariffs and conversion of currencies.
The tariffs for Users registered in Spain represent in the annex 1. So that place does not stay to doubt, a user with an Account PayPal who is not registered in Spain will be subject to the tariffs of PayPal exhibited in the terms of the applicable Conditions of use in the country where the User is registered or according to the expressed in the table of Tariffs to which it is possible to gain access across the "foot of page" of every page of the web site of PayPal corresponding to the country where the user is registered. If other Tariffs apply for services or functionalities not mentioned in the annex 1 to themselves, these Tariffs will be notified to him in the Web sites of PayPal in which they are offered or these services or functionalities are provided.
8.2 Currencies conversion. If the deal bears a currencies conversion on the part of PayPal, this one will turn to the exchange rate determined for the pertinent foreign exchange. This will be the "Basic exchange rate".
The basic Exchange rate changes according to the available exchange rates on the foreign exchange markets wholesale or, if this way the law demands it, of the pertinent exchange rates of reference of the government to date of the conversion or of the previous working day.
A currencies conversion Tariff is added then (as it is described in the section A3.1 of the Annex 1 of these Conditions of use) to the basic Exchange rate, which result constitutes the definitive exchange rate of currency applied to its deal. In certain cases (I consulted the sections 4.7 and 4.8), this definitive exchange rate of currency can apply him to itself immediately and without previous notice.
He can gain access to the tool "Calculator of foreign exchange" across its Account and use it to know what definitive exchange rates (with the Tariff of already added conversion of currencies) will be applied to certain foreign exchanges at the moment of use of the proper tool.
When PayPal offers him a currencies conversion on having realized a deal, one will show him the exchange rate (that already includes the currencies conversion Tariff) that will be applied to the deal before he proceeds to authorize the payment deal. On having proceeded with the authorization of the deal of payment, accepted the conversion of currencies showed according to the exchange rate (that already includes the currencies conversion Tariff).
Before completing the payment, it can deactivate the conversion of currencies that PayPal realizes selecting "Other conversion options" on the page "Check its information" during the payment process.
When it is the seller and not PayPal the one that offers a currencies conversion in the point of sale, and you decide to authorize the deal of payment based on the exchange rate and the charges of the seller, PayPal does not take any responsibility as this currencies conversion.
In case of the payments which funds are deposited by a card of debit or of credit and that bear a currency conversion on the part of PayPal, after these use Conditions are established it gives its assent and authorizes PayPal so that there turns the currency instead of doing it the issuer of its credit card or debit.
If it receives a payment in a currency that is not the main one of its Account or of someone who does not have an Account PayPal, PayPal it will convert the amount of the payment to the main currency of its Account at the moment when the payment is carried out, according to the stipulated in this section 8.2 (except in case PayPal has been convenient the opposite) and you accept to include the conversion Tariff of currencies specified in the section A3.1.1 of the Annex 1 of these Conditions of use (that is included in the exchange rate to be paid) previously to the application of any another tariff for deal.
9. Restricted activities
9.1 Restricted activities. As regards the use that makes of our web site, its Account or the Services, or in the course of its interactions with PayPal, a User or a third one, you not:
1. It will damage these Conditions of use (what it includes, without limiting itself to it, the opening of several accounts PayPal, the Agreement of prosecution of card, the Politics of acceptable use or any other contract that it has established with PayPal (included the Politics);
2. It will damage no law, statute, contract or regulation (included, between others, which regulate the financial services, what includes the measurements against the money laundering, the consumer protections, the disloyal competition, the measurements antidiscrimination and the deceitful publicity);
3. It will infringe the copyright, patent, commercial mark, commercial secret or other rights of intellectual property of PayPal or of third any other or the rights of publicity or privacy;
4. It will promote of some form between its clients or third a payment instrument with credit commercialized under the mark PayPal (p. ej., credit card or credit line of PayPal) that it will offer like funds source for the payments realized with PayPal, without authorization previous in writing to PayPal and to the issuer of the above mentioned instrument of payment with credit, and/or that infringes the terms and conditions defined by PayPal and the issuer of the instrument in question for the promotion in;
5. It will act of obscene, slanderous, slanderous form, illegally threatening or illegally hostile;
6. It will provide false, inaccurate or deceitful information;
7. He will send or receive what on good grounds we think that there are potentially fraudulent or not authorized funds;
8. He will give up cooperating in an investigation or to provide assertion of the identity or another information that we request him;
9. It will not try "to play two bands" or to adopt any measurement that could mean an unjust enrichment during the course of a dispute receiving or trying to receive funds both from PayPal and from the seller, the bank or the company of the credit card for the same deal;
10. There will not use an anonymous representative, of physical or electronic form (for example, using a post-office box as its direction) or of any other form;
11. It will control an Account that is linked to another Account dedicated to any of these restricted Activities (it will be considered that an Account is "linked" to other one to the ends of the section 9.1.k when PayPal has reasons to think that both Accounts are under the control of the same legal person or group of legal persons [included natural persons], which is more probable when both Accounts share certain attributes as, for example, the same name of registered user, e-mail address, source of financing [p. ej. bank account] and/or Go. registered used to receive associates' services of PayPal [like an eBay pseudonym]);
12. It will carry on business or will use the Services so that I provoked complaints, Disputes, Claims, Cancellations, Returns of charge, tariffs, fines, penalizations or other responsibilities for PayPal, a User, a third one or you;
13. It will abuse (be already like a buyer or like a seller) our process of Resolution of disputes in Internet or the Protection of the buyer of PayPal;
14. It will provoke that PayPal receives a disproportionate quantity of Claims that have closed in favor of the claimant as regards its Account or company;
15. It will have a punctuation for credit of an agency of credit reports that shows a high level of risk associated with its use of the Services;
16. It will use its Account or the Services so that PayPal, Visa, MasterCard, American Express or our bank acquirer and/or our processors of payments think on good grounds that it is a question of an abuse of the process of cancellation of the bank, the system of credit cards or an infraction of the rules of the association of credit cards;
17. It will allow the Account to have a negative balance that reflects amounts due to us;
18. It will carry out activities that suppose us or we could be supposed by a credit risk or fraud, a sudden increase of exhibition or a significant or harmful level of any another form of exhibition (as thinks on good grounds PayPal basing on the information which he has);
19. It will use a credit card with its Account an advance is granted to itself in cash (or it will help others to realize this action);
20. He will gain access to the Services from a country that is not included on the PayPal page in the whole world;
21. It will reveal or distribute information of another User to a third one, will not even use the Information with commercial ends unless it receives the express assent of the User to do it;
22. He will send e-mail not requested a User will not even use the Services to receive payments for sending, or helping to send, e-mail not requested to third;
23. He will adopt no measurement that supposes not founded or disproportionate load for our Services, infrastructure, web sites, software or systems (included the networks and the servants used to provide any of the Services) controlled for our part or in our name;
24. It will facilitate viruses, troyanos, malware, worms or other routines of computer programming that try or could damage, interrupt, use unduly, interfere perjudicialmente, intercept or expropriate surreptitiously the systems, information, information or the Services or obtain access not authorized to them;
25. It will use robots, chandeliers, other automatic devices or manual processes to supervise or to copy our web site without our previous assent in writing;
26. It will use no device, software or routine to avoid our protocols of exclusion of robots nor will interfere, will interrupt, try to interfere or interrupt our infrastructure, web site, software, systems (included the networks and the servants used to provide any of the Services) controlled for our part or neither in our name, nor none of the Services or the use on the part of other Users of any of the Services;
27. It will copy, reproduce, will communicate to no third one, will alter, modify, will create derivative products, will show publicly or will prepare content from the PayPal web sites without our assent in writing or that of the third correspondent;
28. He will adopt no measurement that could make us lose any of the services of our providers of Internet services, processors of payment or other providers of services;
29. It will use the Service to prove the credit cards functioning;
30. It will reveal the passwords of its Accounts to nobody nor will use the password of another user. We do not become responsible for the losses which the use of its Account incurs, what it includes, without limiting itself to it, on the part of another person like result of the incorrect use of the passwords;
31. It will realize, or will stop realizing, will try to realize, stop realizing, no other act that he could interfere with the correct functioning of the Service or of the activities carried out as part of the Services or of any another form that is not the terms of these Conditions of use;
32. It will request or send a payment of personal deal for a business transaction; or
33. It will allow the use of the Service to exhibit PayPal to a risk of not fulfillment of the obligations of PayPal with regard to the regulations against the money laundering and the financing of terrorist activities, between others (what it includes, to title enunciativo but not limitative, when we could not verify its identity or you do not complete the steps to eliminate its limit of mailing, reception or retreat in accordance with the sections 4.5, 5.1 and 6.3, or when it exhibits PayPal to the risk of normative fines imposed by the European, American authorities or of other places for processing its deals);
34. It will integrate will not even use any of the Services without expiring completely with all the obligatory requisites communicated by means of any guide of integration or of programming or another papers published by PayPal occasionally; not
35. He will suffer (it will make us determine that a reasonable risk exists of) a safety mistake in its web site or the systems that there could have as a result not authorized publication of information about the clients.
He accepts that to take part in the above mentioned restricted Activities reduces its sure access (or that of any other client of PayPal) to its Instrument of Payment, Account or the Service in general or the use of these.
9.2 Protection of its instrument of payment.
He promises to adopt the following measurements to maintain the safety of its Instrument of payment:
1. Not to take part in restricted Activities;
2. To protect the information of its Sources of funds, its password and its PIN;
3. Not to allow to have others or to use the information relative to its Sources of funds, passwords or PIN;
4. Not to reveal the details of its Sources of funds or password, except on having used the Service;
5. To never write its password or its PIN so that another person could foresee it;
6. Not to choose a password or PIN that turns out to be easy to remember composed by a sequence of numbers or letters that it should turn out to be easy to foresee to him;
7. To make sure that nobody sees its password or PIN when it uses it; and
8. To insure itself of having closed meeting in all the excellent applications to carry payments of its device out when it is not using it to gain access to the Service or when other persons could gain access to him (for example, when he shares its device with other persons or uses across not sure public connections His Internet, as in a public area of "Free Wi-Fi");
9. To abstain from using any functionality that he keeps or stores its password or PIN in the device from which it carries the access out;
10. To continue all the reasonable instructions that we should give him to maintain the safety of its Instrument of payment;
11. To maintain the personal details of its Account a day. It is possible that we could not answer him if it gets in touch with us as regards its Account from a direction, a telephone number or an account of e-mail which information we do not have registered; and
12. To adopt all the reasonable measurements to protect the safety of the personal electronic device by means of which he gains access to the Services (which includes, between other elements, to use functions protected with PIN or password and formed personally to gain access to the Services). If it loses its device, he must inform us immediately and eliminate it of the configuration of its account PayPal.
9.3 Restricted activities and permissions. Nothing of the included in this section 9 prevents him from allowing to third to adopt certain measurements in its name, as it is described in the section 15.9 in accordance with the conditions of its licenses and the current legislation.
10. Its responsibility: measurements that we can adopt.
10.1 Its responsibility.
1. You are responsible for all the Cancellations, Returns of charge, Claims, tariffs, fines, penalizations and other responsibilities which there incurs PayPal, a user of PayPal or a third one caused by the use that you have made of the Services and/or caused by a nonperformance of these Conditions of use on the part of you. He accepts to reimburse to PayPal, to a User or to a third one the corresponding amounts for the above mentioned responsibility.
2. Responsibility before claims presented in accordance with the Protection of the buyer of PayPal. With independence of any another section of these Conditions of use, if PayPal takes a final decision in which you lose a Claim presented straight to PayPal by a buyer registered in any place of the world, it will have to reimburse PayPal for the responsibility which you have incurred. Its responsibility will include the finished price of buy of the article and the original costs of postage (and in some cases, it is possible that one does not return him the article). It is possible that the Protection of the seller of PayPal covers its responsibility; consult the section 11 further on.
3. I reimburse for its responsibility. In case you are responsible for some amount owed PayPal, PayPal it can withdraw from immediate form the above mentioned amount of its Balance (if it is available). If the balance in its account is insufficient to cover its responsibility, PayPal reserves the right to satisfy its debt using the payments received in its account and, in the opposite case, you promise to reimburse PayPal by means of other means. PayPal also can recover the amounts that it owes us for legal means, included, but without limiting itself to it, the employment of a company of debt cashing.
4. Temporary retentions for opposed deals. If a buyer presents a Claim, a Return of charge or a Cancellation in a payment that you have received, PayPal will apply a temporary retention in the funds of its Account to cover the total value of the Claim, the Return of charge or the Cancellation. A retention applied according to this disposition will not restrict its use of the Account as for funds different from those who are in dispute or under risk as the Claim, Return of charge or Cancellation unless we have another reason for it. If you gain the dispute or if the payment fulfills the requisites of a payment as the terms of the Protection of the seller of PayPal, we will annul the retention and will restore the access to the applicable funds. If you lose the dispute, PayPal will withdraw the funds of its Account.
This process also will be applicable to any claim that a present buyer to eBay against you across the process of resolution of conflicts of eBay, any time you have authorized to eBay to use its Account PayPal in order to pay you import that it should eBay or to the buyer (as it is the case) in accordance with the process of resolution of conflicts of eBay ("Amounts owed to eBay") and eBay it has notified the above mentioned claim to us. As the previous conditions are fulfilled, you authorize and it orders PayPal to process the payment of any Amount owed to eBay from its Account PayPal to eBay or to the buyer (as it is the case) in accordance with the instructions that eBay it provides to PayPal, but he accepts that PayPal could consider cancelled its authorization and payment authorization of a certain Amount owed to eBay, remaining PayPal exempt from its obligation to complete the above mentioned payment, if PayPal (according to its exclusive criterion) decides that the claim would have been solved in its favor of having appeared like Claim before PayPal. Also he can cancel this authorization and payment authorization getting in touch with the Service of Attention to the Client of PayPal. All the claims presented straight to eBay will be ruled exclusively by the eBay politics. The conditions of the protection program of the seller of PayPal do not cover the sellers as for the claims presented by the buyers straight to eBay.
10.2 Measurements adopted on the part of PayPal. If we have reasons to believe that it has taken part in restricted Activities, we can take several measures to protect PayPal, its users, third, or to yourself, from cancellations, returns of charge, claims, tariffs, fines, sanctions and responsibilities of any other type. The measurements that we can adopt are, without limiting themselves to them:
1. We can, in any moment and without responsibility, suspend, block, border, close or cancel its right to use its Instrument of Payment or its Account completely or for any deal in particular, what in turn it can suspend, block, border, close or cancel the access to its Account or to the Services (like the limitation of the access to any of its Sources of funds and its aptitude to send money, to realize retreats or to eliminate financial information). Normally we will inform him with advance of any suspension or cancellation, but we can, if it turns out to be reasonable (for example, if it breaks the use Conditions or we consider it to be opportune for safety reasons), to suspend or to cancel the right to use its Instrument of payment or its Account without previous notification;
2. To block its Account or to retain funds in the Account of reservation (even, without limitation, during more than 180 days if this way PayPal needs it, in the assumption of which there are applicable the rights of PayPal gathered in the section 10.2 for its participation in the restricted Activity contemplated in the section 9.1 ag.);
3. To push any payment deal back in any moment and for any motive having only that to notify the rejection and its motives, and how can it solve the problem, when it is possible, when it is requested and whenever the law does not prohibit it;
4. We can cancel a payment (included a payment to the Source of funds of the sender, if it corresponds) that infringes our Politics of acceptable use or the section 9, or that we suspect, with founded motives, which it her could be infringing;
5. We can get in touch with third and to reveal details of the restricted Activities of the way exhibited in our Politics of privacy;
6. It is possible that we ask him for information or request him that it modifies correct information that it has provided to us;
7. We can refuse to provide our Services to him in the future;
8. We can retain its funds in the quantity and during the time that turns out to be reasonably necessary to protect us from the responsibility risk. You recognize that, like guide not exhaustiva:Podemos to adopt legal measurements against you.
1. The risk of responsibility of PayPal with regard to payments with card that you receive can last until there has happened the risk of closing of a cargo Return in favor of the payer / buyer (as the regulations determine it on cards). This depends on certain factors, what it includes, to title enunciativo but not limitative:
1. The type of products or services for which you get the payment or
2. The delivery time of the products or the yield of the services for which it gets the payment (p. ej., the sale of earnings for events months before the date of the event can suppose a higher and more lasting risk of cargo Return than the sale of most of other articles or services);
2. The risk of responsibility of PayPal with regard to a Claim or a Dispute that they arise from a payment that you receive can last the time that the parts take in closing the Claim or the Dispute and all the appeals associated with the Claim or the Dispute, in accordance with the section 13 of these Conditions of use;
3. The risk of responsibility of PayPal with regard to any possible insolvency that you suffer can last the time and as the laws applicable to its insolvency restrict the adoption of legal measurements on the part of PayPal against you and
4. If you allow its Account to have a negative balance that reflects an amount due to PayPal, the risk of responsibility of PayPal can last the time and as you keep on owing this amount to PayPal and
10. We can suspend its right to enjoy the Protection of the seller or of the buyer of PayPal (also of retroactive form).
11. We can suspend, border or cancel its access or the use of our Services, web sites, software, systems (included the networks and servants used to provide any of the Services) controlled for our part or in our name, and its information.
Unless we indicate the opposite, you must not use to try to use its Instrument of Payment or its Account while they are suspended or closed. He must insure himself that all the agreements with selling or third of another type that payments should bear initiated for third (included the Payments with previous approval) defined in its Account should be cancelled immediately if it is cancelled, suspends or closes its Account. He will keep on being a person in charge in accordance with these Conditions of use of all the charges and other amounts generated by the use of its Account in any moment, with independence of the cancellation, suspension or closing.
10.3 Limited access. If we suspect that one has gained access to its Account without its authorization, we can suspend or limit the access to its Account or the Services (as limiting the access to any of its Sources of funds and its aptitude to send money, to withdraw it or to eliminate financial Information). If we limit the access to its Account, we will send to him a notification and will offer to him the opportunity to request the restoration of the access if it proceeds.
10.4 You reserve. PayPal, according to its exclusive criterion, can establish a Reservation in funds retained in its account when PayPal considers (with founded motives and basing on the available information in PayPal at the moment of realizing the Reservation and in what, under its exclusive criterion, it can be considered to be an acceptable risk level for PayPal in all the cases) that there can exist a level of higher higher risk of the associate acceptable thing to its Account. If PayPal applies a Reservation to the funds of its Account, the funds will remain retained in its reservation Account and will appear like "earrings" in its Balance of PayPal. If its account is subject to a Reservation, PayPal will do to him to come a notification specifying the terms of the Reservation. The terms can need that a certain percentage of the amounts received in its Account is retained during a concrete period of time, or that a certain money amount is retained in reservation or any other action that PayPal considers to be necessary for the protection opposite to the risk associated with its Account. PayPal can change the terms of the Reservation in any moment doing to him to come a notification of the new terms. It can close its Account if you are opposed to the Reservation. If its Account closes for any motive, we have a right to retain the Reservation during a period of up to 180 days. On having managed the risk of the accounts, also we limit the amount that it can withdraw from immediate form or we change the speed or the form of payment, to compensate amounts of its Balance and/or to need you from him, or to an associate of his, who agrees other safety forms with us (for example, providing a guarantee or needing from him that deposits funds with us like safety form for its obligations with us or with third). He accepts also to carry out, to its coast, any other action (what it includes, between other things, to sign the necessary documents and to register any form of document that we consider to be on good grounds necessary to perfect any form of safety interest, or of any other form) that turns out to be necessary to establish a Reservation or another form of accident control measure that we determine with founded motives.
10.5 Payments retention.
(a) You accept that if:
1. it receives a payment that bears a deal risk; or
2. there can be a higher level of the acceptable of risk or exhibition associated with its Account (based on the information available for PayPal in the excellent moment and in what PayPal could consider to be according to its exclusive criterion as an acceptable level of risk or exhibition for himself, its clients or providers of services in any circumstance),
PayPal can, according to its exclusive criterion (acting on good grounds), to apply a retention to this payment or to any other. If PayPal applies a retention to the funds of its Account, we will notify it to him (what it includes, to title enunciativo and not limitative, how long the funds will be retained), they will remain in the reservation Account and will appear like "earrings" in its PayPal balance. We will be able to notify the retention to him across third authorized (like platforms associated in which I realized deals).
2. (b) PayPal will cancel the retention applied to its payment in accordance with this disposition when PayPal determines that the Risk of deal or the risk associated with its Account has stopped existing. Bear in mind that, in spite of it arrives indicated, if you receive a Dispute, a Claim, a Return of charge or a Cancellation in the deal to which the retention has been applied, the funds (or an equal amount to the excellent payment) can remain retained in its reservation Account until the matter is solved in accordance with these use Conditions.
3. He promises to provide to PayPal the information that PayPal requests of reasonable form to determine if there does not exist already the Risk of deal or the risk related to its account. It can close its Account if you are opposed to the retention as this disposition. If its account closes for any motive, PayPal has a right to retain a payment as this disposition during a period of up to 180 days from the date in which there have been cancelled the finished obligations as the contract of sale (to which the payment is related in question).
10.6 Information about you.
a. PayPal reserves the right to request him additional information, apart from the mentioned one under these circumstances of use, to be able to expire with its obligations against the money laundering. He accepts to satisfy any request of additional information for that on good grounds we ask to be able to expire with our obligations against the money laundering. This can include, without limiting itself to it, requesting him that it faxes us, by e-mail or of some another way, certain documents identificativos. He accepts also to provide us, when we request it on good grounds and loading you with the expenses derived from it, information about its finance and operations, what includes, without any limitation, its most recent financial extracts (certificates or not), as well as extracts of deals of the seller (if it proceeds).
b. Securing of the cross-check
1. To obtain the Verified state, it must complete the following steps: 1) to Form the charge in bank account and to complete the Process of random deposit (available for clients who fulfill the requisites) or 2) to add a credit card and to complete the Program of extended use.
2. PayPal can, from time to time, put at its disposal other methods or procedures so that it could obtain the "Verified" state. On having catalogued a user as "Verified", alone PayPal affirms that the verified user has completed the steps described in the section 2.3 (a). Apart from the section 1.1 and of assigning the state Verified to a user, PayPal does not guarantee, takes up office does not even affirm of any other form that a verified user will complete a business transaction.
10.7 Revelation of the motivation of our actions.
The decision to carry out the actions exhibited in this section 10, as well as any other action that we decide to tackle in accordance with these use Conditions, already is the restriction or the enlargement of the access to the Service, our infrastructure, web sites, software or systems (included the networks and the servants used to provide any of the Services) controlled for our part or in our name (included, between others, any blockade, limitation, suspension, cancellation, retention and reservation), it can be based on essential confidential criteria for our management of the risk and the protection of PayPal, our clients or providers of services. Also, it is possible that the regulation or a governmental authority prohibit us to reveal certain information about these decisions to him. We do not have obligation to reveal to him either the details of the management of risks or our or safety procedures either the confidential information.
11. Protection program of the seller
11.1 What is the Protection of the seller of PayPal?
If you are the recipient of a payment carried out by a client ("Recipient of payment"), we will reimburse the amount of the Claims, the Returns of charge or the Cancellations realized against you basing on the following motives:
1. There was expressed a Return of charge or a Cancellation against you as a result of a «not authorized Payment» (except any «not authorized Payment» initiated in an environment not lodged by PayPal),
2. There was expressed a Return of charge or a Claim against you for motive of a not received "Article";
when PayPal receives from you proofs that it was sent or the article was delivered in accordance with the exposed requisites further on, in accordance with the additional provisions of this section 11 (what it includes, to title enunciativo and not limitative, the Requisites of the section 11.6).
Read the section 13 (Protection of the buyer of PayPal) to understand how a claim can arise against you. If it sells or commercializes buyers placed in other countries, he must read the protection politics of the buyer of PayPal of the countries where there are its buyers of destination (the protection politics of the buyer of pertinent PayPal is available here and also clicking in the "Legal" tie o "Legal agreements" in the low part of most of pages of the web site of PayPal), since this politics will be applied to you like Recipient of the payment or seller.
Read also the section 5.3 (Risk of Cancellations, Returns of charge and Claims) to know the risk of Cancellations, Returns of charge and Claims that should arise on having received a payment.
11.2 The Protection of the seller of PayPal is available for:
The Sellers with Accounts PayPal registered in Spain that receive payments by means of PayPal proceeding from buyers who realize a buy that fulfills the conditions (in the whole world and in all the places where PayPal is accepted); the Protection of the seller of PayPal does not apply itself for Claims, Returns of charge or Cancellations that have taken place because the bought article is very different from the described one not in case of the articles that you deliver or gather in person.
11.3 How much protection is provided by the Protection of the seller of PayPal?
PayPal will pay to him the whole amount of a payment that expires with the requisites and is subject to a Claim, a Return of charge or a Cancellation and will resign from the Tariff for cargo return, if it proceeds.
1. It is possible that we cancel its right to enjoy the Protection of the seller of PayPal if we have reasonable motives for believing that there is a major risk associated with its account. On having considered the risk level, we will take it into consideration siguiente:Podemos to suspend its right to take part in the Protection of the seller of PayPal if it is linked or associated with another account that has been suspended.
· The entire monetary amount and/or the number of Claims, Returns of charges or Cancellations presented against its account PayPal;
· A reasonable risk of its Account for the integrity of PayPal and our system; and
· Possible losses that affect us or to our users.
3. We will eliminate the suspension in case we already do not have reasonable motives for believing that there is a major risk associated with its account.
11.4 What happens when a buyer presents a Claim, a Return of charge or a Cancellation?
PayPal can retain of temporary form the funds of its Account to cover the whole quantity of the Claim, Return of charge or Cancellation. Consult the section 10.1.d to obtain more details on the process of temporary retention.
11.5 If the payment is not covered by the Protection of the seller of PayPal, PayPal will withdraw the funds of its Account and will return the payment to the buyer. Also, you will be responsible for the Tariff for PayPal cargo return, if it is applicable.
What are the requisites that it must fulfill to enjoy the Protection of the seller of PayPal?
If it has received more than 100 000 EUR a month at least once during a period of 6 consecutive months in its Account PayPal and/or applies an extra charge for the use of PayPal (when the applicable legislation allows him to do it), it does not fulfill the requisites for the Protection of the seller of PayPal and the section 11.5 is applied to him unless he has agreed another thing with PayPal. PayPal will check if it fulfills the requisites to enjoy the Protection of the seller in October and April of every calendar year.
To receive the coverage of the Protection of the seller of PayPal, it must fulfill all the following requisites:
1. He must respect the requisites specified in the section 11.3 as regards its account PayPal.
2. The deal must be marked by PayPal as covered by the Protection of the seller of PayPal on the page "Details of deal" of its Account.
3. If it is marked as such, the protection will be applied for not authorized Payments and not received Article.
4. In case of tangible articles, send the article to the direction of mailing that appears on the page "Details of the deal". If the article is delivered in person or if the seller sends the article to another direction (for example, if the buyer asks him to realize the mailing to another direction, in the assumption of which it is the "direction of the work" or a direction to do a "gift"), then it will not assemble the requisites for a refunding in accordance with the terms of the Protection of the seller of PayPal.
5. Gain access to the page "Details of the deal" initiating meeting in its Account PayPal, select later "Record" and, next, "Details" of the deal.
6. It must continue the requisites of delivery that are described next.
7. Account PayPal must accept the only payment of only one for the buy (the partial payments and the payments by installments are excluded).
8. He must answer quickly to the requests of papers and of another necessary information on the part of PayPal with well-taken motives and in order to investigate the matter.
11.7 What are the delivery requisites?
Type of mailing
Protection for not authorized Payment
Protection for not received Article
It tries postage (for tangible articles) or Tries delivery (for intangible or virtual articles or services)
It tries delivery
If the payment is for products reserved or done to measurement, it is needed that the postage is realized in the term specified in the politics of mailing or another specification that appears in the web site of the seller.
11.8 What is "Test of postage"?
Papers for Internet or physics of a postal company that includes the following thing:
1. The State of "envoy" (or equivalent) and date of the postage.
2. Direction of the recipient, who includes at least the city / locality or the ZIP code (or international equivalent).
3. Official acceptance of the company of courier service (for example, a postmark, a receipt or information of pursuit for Internet). Or, if it has a delivery Test, he does not need the postage Test.
11.9 What is "Test of delivery"?
"Delivery test (of tangible articles)" it refers to the electronic papers of a postal company that includes the following thing:
1. The State of "delivered" (or equivalent) and date of the delivery.
2. Direction of the recipient, who includes at least the city / locality or the ZIP code (or international equivalent).
"Delivery test (of intangible or virtual articles or services)" it recounts to any conclusive test that demonstrates that the buy order was carried out, what includes, between others, the following options:
1. The date in which the article was given.
2. The direction of the recipient (mail electrónico/IP, etc.), if it proceeds.
11.10: What examples are there of articles or deals that are not covered by the Protection of the seller?
1. Digital products and licenses of digital content. In the cases in which PayPal, according to its own criterion, could think that certain intangible articles, licenses of digital content and services fulfill the requisites punctually, unless he remembers the opposite in writing with PayPal, the following ones they will never fulfill them requisitos:Artículos that surrender (or they retire) in person.
1. Articles equivalent to cash (included, between others, articles about value stored like cards of gift and prepaid cards).
2.Payments realized as regards financial services and investments.
3. Deals realized across Zong, PayPal Integral Evolution (when the bought products are intangible articles, licenses of digital content or services) or Payments by phone (if it is available).
4. Claims, Returns of charge and Cancellations for article very different from the described one.
5. Articles acquired across classified announcements.
6. Disputes opened straight with PayPal in the Center of resolutions in accordance with the section 14 of these Conditions of use.
7. Payments in gold (be already in its physical form or like value quoted in Stock Exchange).
8. Deals of Payments in series of PayPal.
12. Errors and not authorized deals.
12.1 Identification of errors and/or not authorized deals. It can consult its deals record in any moment, alone debit initiate a meeting in its Account in the PayPal web site and click in the "Historic" eyelash. It is very important that he informs immediately PayPal if it has motives for believing that any of the following activities has taken place: (i) he has sent to himself a deal not authorized from its Account, (ii) an access not authorized to its Account has taken place, (iii) its password or number PIN for mobile has turned out to be awkward, (iv) it has got lost, they have stolen him or there has been deactivated any device that it has used to gain access to the Services or (v) someone has transferred or can have transferred money from its Account without its permission (even when it links its Account with the platform of a third one, like a place or an application, to initiate payments from this platform, but a payment has been carried out from its Account for a deal across this platform that you have not done) (jointly so called "undue Access to the Account"). He must inform us immediately also if it has reasons to believe that an error of any other type has taken place in its Account. To notify immediately any PayPal of the facts mentioned previously, he promises to supervise attentively its account of electronic Money regularly. We will not try to make him responsible for any not authorized use of its Account on the part of anybody, whenever we think that you do not act deliberately to allow to a third person to gain access to its GO of PayPal and/or its contraseña/PIN. We will make him responsible for not authorized use of its Account if we have tests that they suggest that it has acted deliberately to allow some third one to obtain access to its Go. of PayPal or its password, of which it has acted fraudulently or of which it has stopped expiring (deliberate or negligently) with its obligations relative to the use of its Instrument of payment of the way exhibited under these circumstances of use.
12.2 Notification to PayPal of errors, not authorized deals or undue use or not authorized of its payment Instrument. It must notify us if he believes that there has been or that there will be an error, not authorized deal, or an undue use or not authorized of its Instrument of Payment or in its Account, calling to the Service of Attention to the Client of PayPal to the number that appears in the PayPal web site, or getting in touch with us by means of this report form, or writing to PayPal, TO / TO: Error Resolution Department 22-24 Boulevard Royal L-2449, Luxembourg. If initially it provides this information to us by phone, we can need from him that he sends its consultation in writing within a period of 10 Working days from the telephone contact. Refill the affidavit form and send it for Internet or by mail to PayPal, Attn: Error Resolution Department 22-24 Boulevard Royal L-2449, Luxembourg. It must provide to us all the information which he has on the circumstances of any error, not authorized deal or undue use or not authorized of its Instrument of payment or its Account and continue all the reasonable steps requested to help PayPal in its investigation. We can provide to third information that we consider to be excellent in such circumstances in accordance with our privacy Politics.
12.3 Review of reports of errors. Without detriment to its legal rights, we will inform him about the result of our investigation within a period of 20 Working days since we should receive its notification. If we have committed an error, we will correct it quickly. Nevertheless, if we needed more time, we can take a maximum of 60 Days in investigating its consultation. If we decide that we need more time, we might pay again provisionally in its Account, within a period of 10 Working days since we receive its notification, the amount that believes that it is the correct one in order to which he could have the electronic Money during the time that we take in realizing the investigation. If initially it provides this information to us by phone and we have not received its consultation in writing within a period of 10 Working days from its telephone notification, we will not have to pay the amount again provisionally in its Account.
We will inform him about the results of our investigation in less than 3 Working days from its ending. If we determine that there was no error, we will send to him an explanation in writing and will recover the amount paid in its account as regards the supposed error. He can ask us for copies of the documents that we should use in the investigation (and this will not affect to the Tariff of request of records specified in the annex 1).
12.4 Responsibility for not authorized deals. Without detriment to its legal rights, if he reports that there has been an undue access to its Account, we verify it and there are no tests that indicate fraud or deliberate or serious negligence for his part, we reimburse the totality of the amounts of all the not authorized deals realized with its Account, any time he has informed us about the undue access to its account without delay and in any case in a term not superior to 13 months from the date in which there was realized the first deal derived from such undue access to its Account. When we should believe on good grounds that a more exhaustive investigation is needed to clarify the circumstances that make a detour to the undue Access to its Account of the one that has found out, we will continue the same process that exhibited in the previous section 12.3 for the above mentioned investigation.
12.5 Right to a refund. It has a right to a refund of the total value of any deal of payment carried out with an Authorization, whenever there are fulfilled the conditions that are applied to the refunds as the section 4.8.
12.6 Errors. If we discover a prosecution error, we will rectify the error. If the error had as a result that you were receiving less money than you were corresponding to him, PayPal will pay the difference in its Account. If, as a result of the error, it received more money than it was corresponding to him, PayPal will load the additional funds in its Account PayPal. If a payment was realized to its funds Source by error, PayPal can correct the error loading or paying the amount (as it proceeds) in its Sources of corresponding funds. If the error is due to the fact that we have not completed a deal on time or have done it with a wrong amount, we will have to restore the amount corresponding to a deal of payment that we have not processed or have processed of incorrect form and we will be responsible for the losses and damages that reasonably could be considered to be straight caused by this error, unless:
1. without there being any negligence for our part you having not sufficient funds to realize the deal,
2. our system was not working correctly and you knew it when you initiated the deal, or
3. there exist circumstances that escape of our control (fires or floods or loss of the Internet connection) that prevent the deal, in spite of the reasonable precautions from taking.
In spite of any other term of these Conditions of use, PayPal will not be a person in charge of that will not be completed or there will be completed incorrectly a deal of payment (it is already initiated by you or by another PayPal client) if you have not notified to PayPal the above mentioned deal of payment completed incorrectly without undue delays or in any case not later than 13 months from the cargo date, on having had knowledge of the above mentioned deal of payment.
13. Protection of the buyer of PayPal
13.1 What types of problems have coverage?
1. The Protection of the buyer of PayPal can help him with any of these problemas:Si its problem owes to a deal that he has not authorized (included, between others, a duplicated or incorrect payment, on having used the Functionality of payments based on the place of PayPal), will have to report of the deal not authorized in the safety Center of PayPal following the tie "safety Center" located in the low part of the page of beginning of the Web site of PayPal.
1. It has not received the article that paid with PayPal not received: "Article".
2. It has received an article that he has paid with PayPal, but it is "very different from the described one". The section 13.9 contains more information about the meaning of "very differently from the described one".
13.2 What are the requisites of the Protection of the buyer of PayPal?
It must fulfill all these requisites so that the payment is covered by the Protection of the buyer of PayPal:
1. Its payment must correspond to an article that fulfills the requisites and have been realized from its Account PayPal (I consulted the section 13.3 to obtain information detailed about the requisites of the articles);
2. To send the payment to the seller to turn de:Abrir a dispute within a period of 180 days from the date in which he sent the payment and to continue the process of resolution of disputes in Internet that is described further on in: "How can I solve my problem?" in the section 13.5.
1. in case of claims related to buys, the eyelash "to Send money" of the PayPal web site clicking in the eyelash "Buys" or the process of payment of PayPal of the seller;
2.in case of claims for article very different from the described one, the eyelash to Send money of the web site of PayPal clicking in the eyelash "Buys", or the process of payment of PayPal of the seller (what includes, without any limitation, the Functionality of payments based on the place of PayPal, if the seller uses it); and
13.3 What type of payments do the requisites fulfill for refund in accordance with the Protection of the buyer of PayPal?
The buys of most of products and services fulfill the requisites (included tickets of plane, intangible articles as rights of access to digital contents and other licenses), except the following ones:
· real estate buys (included, between others, residential properties);
· buys of any interest in a company;
· vehicles buys (included, between others, vehicles of engine, motorcycles, trailers, airships and ships), except the personal and portable light vehicles that are used by recreational ends, like bicycles and skateboards;
· payments in platforms of micropatronage or of loans colaborativos;
· buys of personalized articles (unless the claim is for not received Article);
· buys of products and services prohibited by the politics of acceptable use of PayPal;
· buys of industrial machinery used in the sector of the manufacture;
· office equipment buys or for factories;
· buys of articles equivalent to cash (included, between others, articles about value stored like cards of gift and prepaid cards);
· buys of products and services by means of Zong, Payment Pro or Payments by phone (if they are available);
· personal deals;
· bets, games or any activity that implies the possibility of gaining an award;
· payments realized as regards financial services and investments;
· payments to state organisms (except government-owned enterprises or agents that act by order of state organisms);
· buys of articles gathered in person, or for which the collection is organized in its name (included in a retail point of sale) and that you claim as not received;
· payments in gold (be already in its physical form or like value quoted in Stock Exchange); and
· Deals of Payments in series of PayPal.
PayPal can, to its exclusive criterion, close automatically any Dispute or Claim that you have presented and of which PayPal suspects that he does not keep any relation with a buy that fulfills the requisites, as it has been described previously.
13.4 What coverage do I have with the Protection of the buyer of PayPal?
1. If PayPal solves a claim in its favor, alone PayPal will reimburse the complete price of buy of the article and the original expenses of postage.
2. PayPal will not reimburse the postage and packing which it incurs on having returned a very different article to described to the seller or in another place specified by PayPal. If the seller presents proofs that the articles were delivered to its direction, it is possible that PayPal decides in favor of the seller although it should not receive the articles. Consult the section 13.10 to know to what additional protection it can have a right.
13.5 How can I solve my problem?
If it cannot solve a problem straight with the seller, go to the Center of resolutions and continue this process:
1. To open a dispute
Cove a dispute within a period of 180 days from the date in which it realized the payment of the article that he wants to oppose. We might not accept any Dispute that opens in relation to this article after the expiration of this period (bear this in mind if he accepts a delivery time with the seller later to the expiration of this period).
2. To raise the Dispute to Claim
If you and the seller do not manage to come to an agreement, raise the Dispute to Claim within a period of 20 days after opening the above mentioned Dispute. It is its responsibility to continue these period.
He must wait at least 7 days from the date of payment to raise a Dispute for not received Article, unless PayPal stipulates the opposite. If it does not raise the Dispute to Claim within a period of 20 days, PayPal will close the Dispute and you will not fulfill the requisites for a payment as the terms of the Protection of the buyer of PayPal. Only he is allowed to modify or to change a Claim after presenting it in case he wants to add more information or if he wants to change the motive of the Dispute / claim of "Article not received" to "very differently from the described one" (but only if it is related to the only payment). In the opposite case, it will not be able to modify or change a Claim after presenting it.
3. To answer to the requests of information of PayPal quickly
During the Claim process, PayPal can ask him to provide papers that endorses its position. It is possible to ask him to provide tests of delivery, receipts, evaluations of third, police denunciations or any thing that PayPal specifies. PayPal can ask the seller to present proofs in a concrete term that the Recipient of the payment has delivered or given the object of the buy to the buyer according to the agreed with the last one, even in case the buy does not fulfill the requisites to be covered by the Protection of the buyer of PayPal in accordance with the section 13.3. If the seller does not present the tests mentioned on time, PayPal might decide in favor of the buyer. If the seller presents these tests on time, it is possible that PayPal decides in favor of the seller although the buyer should protest not to have received the buy.
4. To satisfy the requests of mailing of PayPal quickly
In case of claims for article very different from the described one, PayPal might demand from him that he should return the article to the seller (to a direction that PayPal provides him during the Claim process), or to PayPal or to a third one (assuming you the expenses) and that provides the delivery Test. The requisites of Test of delivery appear in the section 11.9 (above). Take the due precautions at the time of packing the article again in order to limit the damages risk to the article during its transport. PayPal can ask him also to destroy the article and that I provided tests of its destruction.