General terms and conditions for the provision of payment services
Effective from July 1, 2022
Preamble
These general terms and conditions of Besteron a.s., with registered office at Teslava 20a, 821 02
Bratislava, ID: 47 866 233, of a company registered in the Commercial Register maintained by the District Court Bratislava I, Section: Sa, Insert number: 6004/B, (hereinafter referred to as "Besteron a.s.") are prepared by Besteron a.s. in accordance with the provisions of § 273 of the Commercial Code and establish the rights a obligations Besteron a.s. and clients and the principles of the legal relationship between these entities. The company Besteron a.s. is a legal entity based in the territory of the Slovak Republic, which is at
based on the permit granted by the National Bank of Slovakia, no. 100-000-113-764 to no. sp. NBS1-000-
020-313 dated July 2, 2018, which entered into force on July 11, 2018, entitled to provide payment services according to the provisions of § 2, par. 1, letter e) Act - acceptance of payments operations. Besteron a.s. it is also authorized according to the annex of Directive 2007/64/EC on payment services in the internal market for free cross-border operation while the states in which Besteron a.s. authorized to operate are published at www.nbs.sk.
General terms and conditions are an integral part of the contractual relationship between Besteron a.s.
and the Client and are based on generally binding legal regulations. All annexes to the Agreement (including these GTC as an annex and integral part of the Agreement) constitute it an integral part. In the event of any conflict between the provisions and/or wording of the articles of the Agreement and the provisions and/or wording of the annexes to the Agreement (including these GTC as annexes and an integral part of the Agreement), the provisions and/or wording of them take precedence articles of the Agreement. In the event of any conflict between the provisions of the annexes (including the GTC) hereto The annex with a higher serial number takes precedence over the annex with a lower serial number. These GTC also include the Privacy Policy, which they describe as Besteron a.s. processes personal data of individual data subjects. Besteron a.s. is entitled Terms of protection privacy at any time to change and replace with new ways such as these GTC.
1. Introductory provisions and Definitions of terms
Acquirer - means an entity that holds a license from card companies (e.g. VISA, Mastercard) to accept payment cards and settle and process payment operations. Besteron a.s. cooperates with the following acquirers:
SKPAY, a. s. with registered office: Nám SNP 35, 811 01 Bratislava, ID number: 46 552 723, registered in the Commercial Register of the District Court Bratislava I, section: Sa, insert no.: 5488/B is a payment institution and electronic money institution licensed by the National Bank of Slovakia no. ODB-627/2015-6, which entered into force on July 1, 2015, as amended on July 4, 2018. SKPAY is a licensee of the VISA and Mastercard card schemes for the acceptance of payment cards.
PayU S.A. with registered office: ul. Grunwaldzka 186, 60-166 Poznań, Republic of Poland, registered in the business register, KRS 0000274399 with tax identification number NIP: 7792308495. PayU holds a license for the provision of payment services, as well as a license for the VISA and Mastercard card schemes for the acceptance of payment cards.
Authentication - means the procedure that enables the Payment Service Provider and Besteron a.s. to verify the identity of the user (Payer) of the payment services or the authorization of the use of the payment means, including the use of personalized security elements of the user (Payer) payment services;
Besteron - means the payment system operated by Besteron a.s. designed for execution of payment operations between the Client and the Customer in real time;
Besteron a.s. - means a business company - a private joint-stock company established by law of the Slovak Republic, with registered office at Teslava 20a, 821 02 Bratislava, ID: 47 866 233, the company is registered in the Commercial Register maintained by the Bratislava I District Court, Section: Sa, Insert number: 6004/B, which is authorized to provide payment services based on the granted Permit according to the Law and in accordance with the NBS permit;
Price - means the price for the goods or services that the Customer ordered from the Client;
Price list - means a written document published on the Besteron website (www.besteron.sk), which contains an overview of the services provided by Besteron a.s. stating their prices or individually negotiated price conditions for the provision of services by Besteron a.s. for specific Client; The price list forms an integral part of these GTC and the Agreement;
Confidential information - means business, legal, financial, operational and other facts, information and data related to this Agreement, including its possible amendments, or related to them, with the exception of information that is publicly known on the date of conclusion of this Agreement or that is already this day they have imported from commonly available sources, information that happened after the day of closing this Contracts publicly known or which after this date can already be procured from commonly available sources, other than as a result of a breach of the obligation of the Contracting Party to maintain confidentiality according to this Contracts, information from the nature of which it follows that the Contracting Party is not interested in their secrecy, if their Not expressly designated as confidential by the contracting party;
Implementation manual - means a written document - an integration manual that contains a description
communications between the Client, Customer and Besteron a.s. whose purpose is to outline the process flow processing and implementation of the payment session by displaying the interaction between the Client, Customer and Besteron a.s.; Besteron a.s. is entitled to change the Implementation Manual at any time, which it is obliged to do Inform the client immediately;
Unique Identifier – means a combination of letters, numbers or symbols announced by Besteron a.s. as a provider of payment services to the Client as a user of payment services and which the user of the payment services provides for the purpose of unambiguous identification of another user payment services or his payment account for payment operations and which serves for identification of the Client and which is assigned to the Client by Besteron a. s.. The unique identifier is specified in the Agreement;
Client - means a natural person or a legal entity who is also a financial recipient means of the payment operation in accordance with the provisions of § 2, par. 5 of the Act on and is a client of Besteron a.s. in terms of the Agreement;
MMP – means the minimum monthly payment that the Client is obliged to pay to Besteron a.s. for
the relevant calendar month; the amount of MMP is indicated in the Besteron Price List, or it is individual
negotiated with the Client in the Contract; Unless otherwise stated in the Agreement, the transaction fee according to The price list is calculated on the MMP; NBS - means the National Bank of Slovakia, with registered office at Imricha Karvaša 1, 813 25 Bratislava, IČO: 30844789;
Unauthorized payment operation - means a payment operation for which it was not granted consent in the required form and form;
Commercial Code - means Act No. 513/1991 Coll. Commercial Code as amended;
PCI DSS - Payment Card Industry Data Security Standard of payment cards) – a set of rules regarding the security of payment cards established by the Council for PCI data security enumerated by the Payment Schemes for standardization of issues relating to cardholder data protection. Detailed rules and required verification method appropriate to the method acquiring payment cards are available at www.pcisecuritystandards.org;
Payer - means a natural person or legal entity who is a customer of the Client and who is a client of the Client pays for goods or services through Besteron;
Payment operation - means any transfer of funds between payment accounts held at the payment service provider;
Privacy protection conditions - are part of the contractual relationship between Besteron a.s. and the Client established by these GTC, which regulate the conditions under which Besteron a.s. processes and loads with personal data of individual data subjects;
Politically exposed person - means a person defined in § 6 of Act no. 297/2008 Coll. about
on the legalization of income from criminal activity and on protection against the financing of terrorism and on amendments of certain laws, a natural person who is or has been entrusted with an important public function. For an important public function is considered: a) head of state, prime minister, deputy prime minister, minister, head of the central body of state administration, state secretary or similar representative of the minister, b) member of the legislature, c) judge of the supreme court, judge of the supreme administrative court, judge of the Constitutional Court or other higher-level judicial bodies, against whose decision s
with the exception of special cases, it is no longer possible to dismiss, President of the Judicial Council of the Slovak Republic, vice president of the Judicial Council of the Slovak Republic, president of the Specialized Criminal Court, vice president of the Specialized Criminal Court, president of the regional court, vice president of the regional court court, the chairman of the district court or the deputy chairman of the district court, d) a member of the court of auditors or of the Council of the Central Bank, e) ambassador, chargé d'affaires, f) high-ranking member of the armed forces, armed forces or armed security forces, g) member of the governing body, supervisory body body or control body of a state-owned enterprise or business company belonging to owned by the state, or h) general prosecutor, deputy general prosecutor, special
prosecutor, deputy special prosecutor, regional prosecutor, deputy regional prosecutor,
district prosecutor or deputy district prosecutor, i) a person in another similar position s
national significance or regional significance or other similar function performed in the institutions of the European Union or in international organizations, j) member of a statutory body
of a political party or political movement. A politically exposed person for the purposes of this definition
also includes a natural person who is a husband, wife or a person who has a similar status as
husband or wife of the person in the previous sentence, child, son-in-law, daughter-in-law of the person mentioned in in the preceding sentence, or a person who has a similar status to the person's son-in-law or daughter-in-law mentioned in the previous sentence, or her parent. A politically exposed person is also understood as a physical person a person who is known to be the ultimate beneficiary of the same client's benefits or otherwise controls the same client as the person mentioned in the first sentence of this definition, or does business together with the person mentioned in the first sentence of this definition, or a client that was established for the benefit of the person mentioned in paragraph in the first sentence of this definition;
Payment service provider – payment service provider means the entity listed in § 2 par. 2. of the Act. It can be e.g. the issuer of the payment card/electronic money and/or the person who establishes or maintains a payment account for the Payer or the Client.
Permit - means issued by the National Bank of Slovakia, permit registration number no. 100-000-
113-764 to no. sp. NBS1-000-020-313 dated July 2, 2018, which entered into force on July 11
2018 for the provision of payment services according to the provisions of § 2, par. 1, letter e) Law - reception
payment operations;
Working day - means the day on which Besteron a.s. as well as other providers of payment services that participate in the execution of the payment operation and which is also not a day days off and non-working days according to Act no. 241/1993 Coll. on national holidays, days of rest and memorial days as amended and according to Act no. 311/2001 Coll. Labor Code as amended; as a rule, this is Monday to Friday;
Subjects of intellectual property – means software, data, copyrights, trademarks, service marks, rights (registered or unregistered) to design, trademarks, certificates about the trademark, rights to topographies, pseudonyms, domains, trade name and other indications of origin, goodwill relating to the above and registration of the above and application for registration above of the above, including all extensions, changes or renewals of any registration or application; rights to inventions, discoveries and ideas, regardless of the possibility of applying for a patent for these inventions, by discovery and idea; patents, patent applications, including all their extensions, changes or renewals ; rights to non-public information, trade secrets, know-how, models, processes, procedures, research and invention records, test information, market research, software classifieds information, regardless of the possibility of applying for a patent related to the above, and the right according to any legal order, restrict the use or publication of the above by any person; documents and all documentation regardless of the possibility of applying for a patent to these documents and documentation; copyright registrations and applications, renewal or the extension of such registrations and applications; and rights arising from licenses and other similar rights from intellectual property;
Beneficiary – means the person who is the recipient of the funds of the payment operation;
GTC - means these General Terms and Conditions as amended;
Billing – means crediting the net amount to the Client's account, i.e. the amount after deducting the relevant contractual fee;
Customer - means a natural person or legal entity who is a customer of the Client; If it's not stated otherwise, the Customer also means the Payer in accordance with these GTC;
Law - means Law no. 492/2009 Coll. on payment services and on changes and additions to some
laws;
Agreement or Framework Agreement - means the Framework Agreement concluded between Besteron a.s. and the Client, which establishes an obligation relationship between Besteron a.s. and the Client and whose subject is mainly adjustment rights and obligations Besteron a.s. and the Client when providing payment services in accordance with the Act. The general terms and conditions and the price list are an integral part of the contract. Different arrangements in the Contract, they take precedence over arrangements according to the General Terms and Conditions;
Contractual parties - means the Client and Besteron a.s.
2. General provisions on Besteron
2.1. The Besteron application is a payment system intended for carrying out Payment operations between
Clients and Customers in real time. The system is designed and implemented in a modern way
Service Oriented Architecture (SOA). This method of implementation ensures the maximum availability of services, and the ability to respond to the needs of application growth, such as expanding services,
number of users and others. The individual components are designed so that they can be combined,
or replace without the need to interfere with other components.
2.2. Besteron enables the execution of Payment Operations by various payment methods (in particular
payment card, internet banking or other electronic banking payment applications).
The current list of payment methods supported by the Besteron system is published on
website www.besteron.sk.
2.3. The company Besteron a. s., which is the operator of the Besteron system, provides Clients
payment services, namely the acceptance of Payment operations, the result of which is a financial credit
funds to the Recipient's payment account. Besteron a.s. provides services in accordance
with the provisions of the Act and on the basis of the License granted by the NBS. Besteron a.s. when providing the payment service, the Client uses the services of an acquirer, who ensures the acceptance of Payment Operations for Besteron a. with. settlement with Mastercard and VISA card schemes.
2.4. If the Client is interested in cooperation with the company Besteron a.s. and utilization
of the Besteron system, fill out the registration form on the website www.besteron.sk. Upon acceptance
of the completed form will be initiated by Besteron a.s. the Client's internal approval process, as a result
whose electronic report on the Client's approval/non-approval is communicated to the Client. Included
this electronic message also contains a draft Agreement with Besteron a.s.. The contract is considered concluded the moment when Besteron a.s. confirms the acceptance of the draft Agreement to the Client.
2.5. Cooperation between the Client and Besteron a.s. takes place on the basis of the concluded Framework Agreement in the wording of its possible amendments and annexes, in accordance with these GTC, the Law and others generally binding legal regulations valid and effective in the Slovak Republic.
2.6. Besteron a.s. provides the Client with information in accordance with the provisions of § 38 – 41 of the Act once a month in the Besteron interface, no later than 10 days after the end of the relevant one
calendar month.
2.7. The Client will make the appropriate form or other electronic solution available to its Customers
allowing to perform the Payment operation. The details of the Payment operation performed in this way belong to the Client then automatically made available through the Besteron system.
2.8. The form, form and procedure for granting consent for the execution of the Payment Operation and revocation of such consent: The customer chooses the form of payment through Besteron by clicking on the button Besteron or another electronic solution where all available payment methods are displayed.
Subsequently, the Customer chooses a specific payment method (e.g. payment via bank button or payment card). After choosing a payment method, the Customer is automatically redirected to authentication zone. During authentication, the complete will appear to the Customer payment order indicating the amount and type of payment gateway. The client confirms the payment order in the manner required by the chosen means of payment, in particular by clicking on button "Pay" or "Send payment" or a button with the same or similar meaning (hereinafter referred to as "Pay"). By clicking the "Pay" button, the Customer expresses his consent with the Payment Operation and takes note of the nature of the executed Payment Operation and the method settlement of his obligation, while at the same time confirming the payment (by pressing the "Pay" button) expresses his consent to this way of settlement of his obligation. Realization of Payment
operations to the Client, an agreement between the Client and Besteron a.s. in accordance with which Besteron a.s. undertakes to pay for the Customer his obligation to the Client on payment of the price for goods or services. Payment of the price for the goods or services will be made through billing.
2.9. The moment of acceptance of the payment order means the moment when the payment service provider
The Customer accepted the payment order, which was submitted directly by the Customer. If at the time of acceptance
is not a working day of the Customer's payment service provider, the payment order is considered to be
received on the next business day. The payment service provider can determine the time before the end
working day, after which every received payment order is considered received in
the next working day.
2.10. As a user of payment services, the customer may not revoke the payment order after the moment of acceptance of the payment order by the Customer's payment service provider, if not stated further in these GTC provided otherwise. If the Customer has given consent to perform the Payment Operation, the Payment Operation is considered authorized. The Customer authorizes the Payment Operation before its execution. Consent to perform multiple recurring Payment operations can be revoked, starting from the moment
of appeals, the following Payment operation is considered unauthorized.
2.11. Besteron a.s. will perform the payment service without undue delay in accordance with the chosen one the Client's program; the maximum period for performing the payment service is usually 14 working days.
Payments received after 6:00 p.m. are considered received only on the next working day, payments received
during non-working days and holidays, they are considered received on the next working day.
2.12. The Client is entitled to inspect the Besteron system at any time in the part that concerns the Client, namely for example, enter a request to display movements on the account, filter movements on the account, and that in the following way:
a) The client selects an item in the statement display menu;
b) The client selects a filter for displaying data;
c) The Besteron system will display all Client data subject to the specified filter.
2.13. The Client is not authorized to set a minimum or maximum in relation to its Customers
the limit of the price of goods and/or services at which it is possible to make a payment for it through
Besteron.
2.14. At the same time, the client is not entitled to change the prices of goods and/or services depending on the method the payment chosen by the Customer in such a way that there is no undue advantage or
disadvantaging the Besteron payment method. The client is not entitled to charge a specific fee
payment method.
2.15. The client is not authorized to be an intermediary involved in making payments
through the Besteron payment method for another person. It is expressly prohibited to use
implementation of the Besteron system of one Client for running online stores
or other forms of business activity of other persons. At the same time, the Client is not authorized to use
the Besteron system for other own online stores or other forms of business activity,
as those stated in the Contract. A breach of these obligations constitutes a material breach
Contracts and Besteron a.s. reserves the right in such case to suspend the implementation of any
Payment operations.
2.16. The Client's funds located in the bank account of Besteron a.s. they do not bear interest.
3. Formation, change and termination of the contractual relationship between Besteron a.s. and the Client
3.1. Besteron a.s. provides payment services for the Client based on the concluded Framework Agreement
in accordance with the Price List, these GTC, the rules of payment service providers, the Law,
Commercial Code and other generally binding legal regulations of the Slovak Republic
of the Republic. If the Client does not comply with the terms of the concluded Framework Agreement or these GTC, rules payment service providers, the Act, the Commercial Code and others in general
binding legal regulations of the Slovak Republic, and if as a result of such non-compliance
additional costs will be incurred, including any penalties imposed, Besteron a.s. can these
to charge the full amount of costs and penalties to the Client.
3.2. Framework contract between Besteron a.s. and is concluded in writing by the Client.
3.3. The Client, by concluding the Agreement with a reference to the binding nature of these General Terms and Conditions, in the form of the attached form, which may be part of the Contract, declares bindingly that he is not a Politically Exposed Person if it does not follow otherwise from the Framework Agreement. If there is any change in the statement under of the previous sentence of this point of GTC, the Client is obliged to Besteron a.s. in writing inform within 3 working days from the date of such change. Falsehood of statement under of the first sentence, or failure to notify a change in the declaration according to the previous sentence of this point of the Agreement, is considered a substantial breach of the Client's contractual obligations and establishes the right Besteron a.s. to withdraw from the Agreement; Withdrawal from the Agreement does not affect Besteron's claim for damages.
3.4. The contract between Besteron a.s. and it is concluded with the Client for a fixed or indefinite period.
3.5. Besteron a.s. will provide the Client with an Implementation without undue delay after the conclusion of the Agreement manual and will enable the Client to use Besteron.
3.6. The client acknowledges and agrees that enabling the use of the Besteron system is subject to
implementation and approval process, within which Besteron a.s. will assess whether the Client meets all legal and contractual requirements for using the Besteron system. The client is obliged
endure the implementation and approval process for each individual online store or other
the form of business activity in which the Besteron service will be used. Adding a new one
internet store or other form of business activity that was not the Client stated in the Framework Agreement is possible on the basis of an addendum to the already concluded Framework Agreement or on the basis of a new Agreement. The above also applies to the definition of goods and services which The Client provides its Customers.
3.7. The duration of the Framework Agreement will end:
a) by agreement of the Contracting Parties as of the date specified in such agreement on the termination of the duration of the Framework contracts;
b) upon expiry of the agreed period; if the Contract was concluded for a fixed period;
c) termination;
d) withdrawing from the Agreement for legal reasons;
e) the demise of Besteron a.s. or a Client without a legal successor,
f) the death of the Client, if the Client is a natural person-entrepreneur;
g) termination of the Client's business activity, if the Client is a natural person - entrepreneur;
h) the termination of the Besteron Permit., or the day of delivery of the NBS decision on withdrawal
Permissions.
3.8. The client is entitled to terminate the Contract concluded for an indefinite period with a notice period of
1 month (in a word: one month). The notice period begins on the first day of the calendar
of the month following the month in which the written notice was delivered to the other Contracting Party
side. The duration of the Agreement ends with the expiration of the notice period. Besteron a.s. as a provider of payment services is entitled to terminate the Contract concluded for an indefinite period with a notice of termination for a period of 2 months (in words: two months); this does not apply if Besteron a.s. resigns Contract due to the fact that the Client acted in a demonstrably fraudulent manner. Neither the client nor Besteron a.s. they are not entitled to terminate the Agreement concluded for a fixed period without reason.
3.9. Besteron a.s. is entitled to terminate the Framework Agreement with effect from the date of delivery of the termination
To the client if:
a) during a period of six months, there was no payment operation based on the Agreement,
b) The client has violated the Framework Agreement (including the General Terms and Conditions and all of its appendices) and will not remedy it in the replacement reasonable period of no longer than 10 working days, which was given to him from parties Besteron a.s. provided (without the need for a prompt),
c) The Client repeatedly or grossly violates the Agreement (including GTC and its appendices),
d) Besteron a.s. has a reasonable suspicion that the Client has acted contrary to the general
binding legal regulations, good morals, with the principles of honest business
communication or significant changes in the Client's circumstances have occurred, which do not give rise to a guarantee fulfillment of the terms of the Agreement,
e) Besteron a.s. has a reasonable suspicion that the Client is violating the provider's rules
payment systems, harms the reputation of Besteron a. s., violates intellectual rights
ownership, sells goods or provides services in violation of the legal order,
f) the payment service provider will request Besteron a. s. to stop providing the service
Besteron to a specific Client,
g) Besteron a.s. ceased operation of the Besteron system for any reason or
h) in any other justified cases.
3.10. The client is obliged to pay the payment service provider Besteron a.s. the entire amount regularly
of charged fees for payment services (MMP) during the entire duration of the Framework Agreement up to
until the end of the duration of the Framework Agreement, which can only be terminated with effect towards the end calendar month. In the event that the Contract between Besteron a.s. and the Client
during the calendar month, the Client is obliged to start paying MMP from the first day
of the month following the month in which the Agreement between Besteron and. with. and the Client.
3.11. Besteron a.s. is entitled depending on the changes in the relevant legislation, or its own
business policy, or based on the decision of Besteron a.s. change or completely replace
Price list and/or these GTC. This change Besteron a.s. will publish in its business premises
and on its website www.besteron.sk together with the determination of the validity and effectiveness of such change, while publication will be ensured by Besteron a.s. at least 2 months before the proposed
the effective date of the changes. For the avoidance of doubt, Besteron a.s. is entitled to change or
to completely replace the individually negotiated price conditions for the provision of services.
3.12. If the Client does not agree to the change of these GTC and/or the Price List, he is obliged to notify in writing Besteron a.s. no later than the effective date of the change, that he does not accept the changes to the terms and conditions. If the Client does not notify Besteron a.s. before the proposed effective date of the changes that does not accept the changes according to point 3.11 of this article of the GTC, it is assumed that the Client made these changes accepted. If the Client does not agree to the changes to the GTC and/or the Price List according to point 3.11 of this article of the GTC, has the right to immediately terminate the duration of the Framework Agreement without fees before the proposed one effective date of these changes.
3.13. The client is obliged immediately after the termination of the contractual relationship with Besteron a.s. stop using Besteron application, remove it from your systems and online stores, stop using it
the Besteron sign, as well as any other signs, logos, trade names, etc., which the Client
used in connection with the Agreement, including the designation of contractual partners Besteron a.s.
3.14. Besteron a.s. has the right from the Client:
a) demand copies of documents and signatures on documents certified by a notary or other authority v
within the meaning of applicable legal regulations;
b) request an official translation into the Slovak language of those foreign language documents which
submission of Besteron a.s. demands;
c) to demand that foreign documents issued or verified by courts and authorities abroad, which
submission of Besteron a.s. required, were provided with the prescribed verifications (legalization
clause, super legalization clause, apostille);
d) require supplementing the submitted document or documenting another and/or additional document.
4. Rights and obligations of the contracting parties
4.1. Besteron a.s. is required:
a) provide payment services with professional care, in accordance with applicable legal
regulations, maintain confidentiality about the contractual relationship with the Client;
b) keep records of the payment made, for at least 5 years (in words: five
years) in an archive with sufficient security against access by a third party;
c) hand over the Implementation Manual to the Client without undue delay after the conclusion of the Agreement
and enable the Client to implement Besteron;
d) provide cooperation to the Client in the implementation of Besteron;
e) make available to the Client information about payment services and completed payments
through the Besteron interface;
f) in the event of causing any error in the provision of payment services, make corrections
without undue delay after its discovery;
g) send the Client a statement and an invoice after the end of the calendar month.
4.2. Besteron a.s. is entitled to:
a) refuse to carry out the transaction if he has doubts about its compliance with the valid ones
legal regulations or internal regulations Besteron a.s.;
b) at any time transfer any claim against the Client to a third party, even without
prior consent of the Client;
c) charge a Besteron fee for each payment made in favor of the Client and. with. in accordance with
By the contract, these GTC and the Price List, in such a way that she is entitled to withdraw the relevant amount of remuneration
from the funds belonging to the Client in each individual case;
d) charge MMP in accordance with the Agreement, these GTC and the Price List, in such a way that it is authorized
withdraw the relevant amount of the reward from the funds belonging to the Client;
e) charge the Client a contractual penalty of 0.03% per day for late payment of any
payments according to the Contract and General Terms and Conditions and possibly withdraw this from the funds that belong to them
To the client; the payment of the contractual penalty does not affect the right of Besteron a.s. for damages; f) to charge fees for over-standard services (e.g. chargebacks) and possibly withdraw them
from funds belonging to the Client.
4.3. Besteron a.s. is entitled to block the Client's funds for the necessary time, namely
in the following cases:
a) such an obligation results from a generally binding legal regulation;
b) such an obligation arises from the decision of the court or other authority authorized to issue
such decision;
c) bankruptcy was declared against the Client, restructuring was allowed, or there was a proposal for
declaration of bankruptcy rejected due to lack of assets, the Client entered into liquidation, or if
it was decided to dissolve the Client's company without a legal successor;
d) towards the Client, or persons authorized to act on his behalf, criminal proceedings have been initiated;
e) there is reasonable suspicion that the Client's funds, or some of them come from
from criminal activity, or are intended for its commission;
f) if the Client repeatedly violates his obligations under the Agreement and GTC and Besteron a.s. threatens from
damage caused by such action of the Client.
4.4. The client is obliged to:
a) notify Besteron a.s. in written or electronic form
(by electronic media) all changes related to his data, namely - change
business name/name, change of seat/place of business, change of statutory body,
method of acting on behalf of the Client, if the Client is a legal entity, change of authorized persons
act on behalf of the Client, change the delivery address, if it is different from the address of the seat/place of business,
a change in the composition of the supervisory board, if it is established, as well as a change of persons with a share in
capital and voting rights of the Client, as well as data related to the Internet
trade;
b) notify Besteron a.s. all the facts that can lead to its unreasonableness
enrichment or unauthorized enrichment of third parties and damage to Besteron a.s.,
such as crediting a payment that does not belong to him, loss or theft of documents relating to
of the contractual relationship between Besteron a.s. and the Client, the Client's stamps, entry into bankruptcy, etc.;
c) pay Besteron a.s. remuneration for services provided under this Agreement and GTC in the amount
according to the Price List;
d) clearly and comprehensibly state in its terms and conditions that the execution of the payment
operations through the Besteron payment system are subject to these GTC and inform
Customers that the Besteron Privacy Policy and. with. regulate the processing of personal data
data performed by Besteron a.s.;
e) to carry out its business activity in accordance with generally binding legal regulations;
f) any Payment operations between the Client and the Customer carried out through
of the Besteron system must be implemented in good faith and the Client is obliged to refuse the Payment
operation as far as he knows or should know when exercising professional care that the execution
The payment operation is contrary to generally binding legal regulations or contradicts
rules of payment service providers.
4.5. The client is not authorized without the prior written consent of Besteron a.s. proceed to
to a third party its claim against Besteron a.s. or otherwise dispose of it, if such
the claim exists. The client is not authorized to establish without prior written consent
Besteron a.s. lien on the Client's claim against Besteron a. s.. The client is not authorized
set off any claim you have against Besteron's claim without precedent
written consent Besteron a.s..
4.6. The client acknowledges that if, at Besteron's discretion assessed as risky,
Besteron a.s. is entitled to apply an individual Price List or other security measures against him
requirements and related fees.
5. Communication and Delivery
5.1. Communication between Besteron a.s. and Clients are given priority in the Slovak language
through the Besteron system application after the Client logs into his account and interface
Besteron.
5.2. Besteron a.s. delivers to the Client in person, by courier service, by mail or electronically
by means of communication (e-mail or other electronic medium) to the last known address
The client.
5.3. In the case of personal delivery (which is considered to be the collection of documents at the headquarters of Besteron a. s.
By the client or an authorized person), documents are considered to have been delivered by handing them over, a
even if the addressee refuses to accept them.
5.4. When documents are delivered by post, the documents are considered delivered in the country on the third day after
by storing them at the recipient's post office, if an earlier date of delivery is not proven.
5.5. Documents delivered by courier service are considered delivered even when
the receiving party refuses to accept the shipment, or the moment the shipment is returned to the sender
as undeliverable if an earlier delivery date is not proven.
5.6. The letter is considered delivered even if the shipment is returned as undeliverable according to
previous points.
5.7. Documents delivered via e-mail or other electronic media are charged for
delivered the day after they are sent, if an earlier date of delivery is not proven.
5.8. The client is obliged to ensure that Besteron a.s. always had complete and correct information and is
obliged to inform Besteron a.s. about any change in business name/name, address, registered office,
residence or information about the website of the online store. If the Client violates the obligation according to
of the previous sentence of this point of GTC, i.e. does not inform Besteron a.s. about such a change, he believes
delivery to the Client's last known address as duly completed.
5.9. The client agrees that any telephone communication between Besteron a.s. and she was a client
recorded and archived Besteron a.s., even without prior notice to Besteron a.s.
6. Liability for damage
6.1. Besteron a.s. is only responsible for damages caused exclusively by Besteron a.s..
6.2. Following the provision of the previous point of this article of the General Terms and Conditions of the Contracting Parties
state that for legal relations Besteron a.s. and the Client is the principle of objective responsibility
Besteron a. with. excluded. In the event of the obligation Besteron a.s. compensate the Client for the damage caused too bad, it's not Besteron a.s. obliged to pay the lost profit of the Client.
6.3. Besteron a.s. is not responsible for damages caused by force majeure such as accidents, natural disasters disasters, power outages, crisis situations, epidemics, state military alert and
other circumstances beyond Besteron's control, or which are exclusionary circumstances
liability according to generally binding regulations.
6.4. Besteron a.s. and the Client have agreed that the maximum amount of damages that Besteron a.s.
undertakes to compensate the Client in case of breach of contractual obligations Besteron a.s. and beyond
assuming the right to it arises, is limited by the sum of the fees paid by the Client
companies Besteron a.s. for the period of the last 12 months preceding the moment
the emergence of the Client's claim to compensation for damages.
6.5. Besteron a.s. bears all fees and all interest that are payable to the user
services applied as a result of non-execution or incorrect execution of a payment operation
caused by Besteron a.s..
6.6. The client is obliged to replace Besteron and. with. any damage that occurs Besteron a.s. in
as a result of a breach of the Client's obligation arising from the contractual relationship with Besteron a.s..
The client is obliged to replace Besteron a.s. any and all losses incurred by Besteron a.s. in
as a result of the action or non-action by the Client, in the full amount notified to him by Besteron a.s..
6.7. The client as a promiser declares Besteron a.s. as the recipient of the promise according to the provisions of § 725 of the Commercial Code, that Besteron a.s. compensates for any damage it incurs in
as a result of the Client's actions that are in conflict with his contractual or legal obligations, or as a result of the omission of the procedure for which the Client was obliged, including any
other costs associated with the aforementioned, in particular, but not exclusively, sanctions, fees, costs
proceedings, fines, other direct and indirect costs Besteron a.s. associated with the above.
The client is obliged to compensate the damage within 10 calendar days from the delivery of the request to Besteron a.s. how promisee to replace it.
6.8. The client is entitled to redress from Besteron a.s. in the case of Unauthorized or erroneous
of the cleared payment operation, if Besteron a.s. without undue delay from the date of discovery
Unauthorized or incorrectly executed payment operation, but within 13 months at the latest
from the day funds are debited from the payment account or funds are credited
of funds to the payment account reported that he found it to be unauthorized or erroneous
performed payment operation on the basis of which he is entitled to redress. In order
for the avoidance of doubt, the contracting parties state that in the case according to the previous sentence
of this point of the General Terms and Conditions, the Client is not entitled to compensation for damages or other compensation except the right to
correction.
7. Complaints procedure
7.1. The complaints procedure regulates the relations between Besteron a.s. and the Client
when handling claims and complaints of the Client and regulates legal relations between the Client
and Besteron a.s. when handling complaints regarding the correctness and quality of services which
provided by Besteron a.s. To the client. The complaint procedure is part of these GTC.
7.2. If the Client believes that the services provided by Besteron a.s. they have a defect, he can file
complaint to the Complaints Department Besteron a. s.. Complaints Section Besteron a.s. at the same time leads
record of claims.
7.3. Complaint sent to Besteron a.s. is submitted in writing in the Slovak language, namely
by mail, electronically, or through the Besteron system (interface). The complaint must be
filed by an authorized person.
7.4. The client is entitled to file a claim under the above conditions with Besteron a.s. to 90 days from the date of detection of the defect.
7.5. The costs associated with the preparation and submission of the complaint, including its attachments, are borne by the Client
the claimant. The costs associated with handling the claim are borne by Besteron a.s..
7.6. Besteron a.s. is obliged to process the Client's complaint without undue delay, but no later than
30 days from the date of submission of the Client's complaint in writing and in the manner in which the complaint was made
applied (by post, electronically or through the Besteron interface). In justified
complex cases (especially when it comes to a more comprehensive complaint, a serious problem, etc.) is
company Besteron a.s. entitled to extend the deadline for handling the complaint by others in writing
no more than 30 days; on such an extension of the deadline for handling the complaint Besteron a.s. The client notify without undue delay, no later than within 30 days from the date of delivery
complaints. The total handling of the Client's complaint in complex cases may not exceed 6
months.
7.7. If the payment service user who is a consumer is not satisfied with the method
processing the claim or if he believes that Besteron a.s. violated his rights, he is entitled
turn to Besteron a.s. with a request for correction. If Besteron a.s. is
negative or does not respond to it within 30 days, the user of payment services who is
consumers, submit a proposal to start an alternative dispute resolution subject alternative
resolution of a dispute with authorization to resolve such a dispute, while having the right to choose the entity
alternative dispute resolution. The list of alternative dispute resolution entities is available at
address: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebi
telskych-disputes-1/list-of-subjects-of-alternative-resolution-of-consumer-disputes-1.
7.8. The client undertakes to deal with and is obliged to deal with all submitted claims, complaints, etc
claims made by the Customer in connection with the sale of goods or the provision of services from
by the Client, directly with the Customer, including claims, complaints or other claims
applied by the Customer directly at Besteron a.s. and/or its contractual partners. Behind this
for this purpose, the Client is obliged to develop its own complaint procedure and publish it on its website. In the event that the Customer applies a claim, complaint or other claim directly to
Besteron a.s. and/or its contractual partner is Besteron a.s. and/or its contractual partner
entitled to forward such claim, complaint or other claim directly to the Client. The client in
in this context, it also undertakes to provide Besteron a.s. all necessary cooperation, documents and
explanations within 5 calendar days.
7.9. The client is obliged to store and archive for the needs of possible claims, complaints or others
claims by Customers, all documents or electronic confirmations of Payments
operations, for a period of 5 (five) years from the date of their execution and upon their request
make available or provide without undue delay Besteron a.s.
7.10. In the event that the Client ensures the delivery of the goods to the place specified by the Customer, he bears the responsibility
responsibility for loss, loss, damage to the shipment or for any delay in delivery
goods until they are delivered to their destination. For each delivery of goods, the Client is obliged from
to ask the carrier for proof of delivery so that he can demonstrate that the goods or services were delivered
Delivered to the Customer and that the Customer has taken them over.
8. Intellectual Property
8.1. The client who concluded with Besteron a.s. The contract is obligatory on the main page of its website
pages to place the Besteron logo in a visible place, without undue delay after
implementation of Besteron. Placing the Besteron logo on the Client's website will be done
in accordance with the manual determined by Besteron a.s..
8.2. The Client is not authorized to use the Intellectual Property Objects of Besteron a.s. without
prior express written consent of Besteron a.s.; the provision of point 9.1 of the General Terms and Conditions does not is affected by this provision.
9. Protection of Confidential Information
9.1. The contracting parties are obliged to keep confidential all information and documents about
matters related to the other contracting party and its business, which it acquired with its own
activities or in connection with the Agreement and its fulfillment and which are not publicly accessible, in particular
information about payment operations and the use of funds through
means of payment. The contracting parties are obliged to keep this information confidential, store,
adequately back up and protect against unauthorized access, disclosure, misuse,
alteration, damage, destruction, loss or theft. Information and documents about
matters related to the Client and his business, Besteron a.s. provide to third parties
persons only with the prior written consent of the Client, or upon his written instruction, if
these GTC do not provide otherwise.
9.2. The obligation of the Contracting Parties to maintain confidentiality about Confidential Information does not apply to
information that:
a) were published as non-confidential even before the signing of the Contract, which must be proven on
on the basis of the provided documents that prove this fact;
b) should be made available on the basis of an obligation established by law, court decision,
prosecutor's office or other authorized public authority, while in this case Contractual
the party that is obliged to make the information available shall immediately deliver it to the other Contracting Party
written notice of this fact before making this information and information available
make available only for such purposes;
c) are or can be obtained from legally freely available sources;
d) were obtained through independent development.
9.3. The contracting parties are obliged to ensure proper and timely confidentiality of Confidential Information
and maintaining the confidentiality of Confidential Information in accordance with generally applicable,
customary and observed rules, principles and practices for secrecy and preservation
confidentiality obligations regarding such information. 9.4. The contracting parties are obliged to ensure proper and timely confidentiality of Confidential Information
and maintaining the confidentiality of Confidential Information even among its employees,
of statutory bodies, members of statutory bodies, supervisory bodies, supervisory members
bodies, representatives, proxies, subcontractors as well as other cooperating third parties
persons, as long as such Confidential Information has been provided, transmitted, communicated and/or
made available in accordance with these GTC and the Agreement.
10. Governing law
10.1. The contract, its interpretation and the relationships that arose on its basis are generally binding
by the laws of the Slovak Republic, with the fact that the Contracting Parties have agreed that the use
of any provision of any generally binding legislation of the Slovak Republic
of the Republic, which is not mandatory, is expressly excluded to the extent that its use would
could change (either in whole or in part) the meaning, purpose and/or interpretation of any
the provisions of the Agreement and/or these GTC.
10.2. Any dispute, discrepancy and/or contradiction of the Contracting Parties arising from the Contract or in
any connection with the Agreement (including any and all disputes relating to it
conclusion, validity, effectiveness, existence and/or termination) will be dealt with preferentially
mutual negotiations of the Contracting Parties conducted in good faith and with good intentions.
10.3. The contracting parties have agreed that all possible disputes between the contracting parties at
the provision of payment services within the meaning of the Agreement will be dealt with preferentially by agreement. Unless
the contracting parties do not reach an agreement, it is possible to resolve any dispute after the agreement of the contracting parties
also in the form of arbitration proceedings according to Act no. 244/2002 Coll. on arbitration proceedings
as amended.
11. Waiver
11.1. Failure to exercise any right under, based on and/or in connection with the Contractual Agreement
party, or a delay in its application does not constitute a waiver of this right. Any
Waiver of rights under, on the basis of and/or in connection with the Agreement is not a Contracting Party
effective unless made in writing and delivered to the other Contracting Party. Any surrender
rights under, on the basis of and/or in connection with the Agreement by the Contracting Party does not constitute a waiver
with any other right under, on the basis of and/or in connection with the Contractual Agreement
aside.
11.2. In accordance with the Agreement and these General Terms and Conditions, the agreed extension of time for fulfillment by the Contracting Parties
of a specific obligation from the Contract and/or these GTC does not mean an extension of time for fulfillment
any other specific obligation from the Contract and/or these GTC.
12. Safety and remedial measures
12.1. The client is obliged to comply with the security measures resulting from these GTC, as well as
resulting from other generally binding legal regulations valid and effective in the territory
Slovak Republic.
12.2. Furthermore, the client is obliged to use only secure means to connect to the system
internet banking, or connection with Besteron.
12.3. The client is obliged to comply with the rules of payment service providers and in the case of any
of contradictions between the provisions of the Agreement and the rules of payment service providers
rules of payment service providers take precedence. The client is obliged to fulfill the obligations
resulting from PCI-DSS in the case of processing payment card data.
12.4. The client is obliged not to make his data available to third parties.
13. Final provisions
13.1. Legal relationship between the Client and Besteron a.s. is governed by the rules of payment providers
services, the Agreement, its annexes, these GTC and generally binding legal regulations
valid in the Slovak Republic, in the order indicated. The provisions of these GTC have
precedence over business practices, if the Contracting Parties in a specific case
they will not agree otherwise.
13.2. Contracts and General Terms and Conditions, including all annexes, are drawn up in the Slovak language. For equivalence with
a photocopy or scan of these general commercial terms is also considered valid as an original
conditions, unless proven otherwise.
13.3. The contracting parties declare that they have full legal capacity and their contractual capacity
freedom is not limited in any way. The contracting parties further declare that the Contract
concluded on the basis of their true, free and serious will, which they expressed clearly and clearly,
They concluded the contract in good faith and in good faith and did not conclude it either in error or in distress for
conspicuously disadvantageous conditions, have read the Agreement and these General Terms and Conditions, the content of the Agreement and General Terms and Conditions
understood and signed the Agreement with their own hand as a sign of agreement with the content of the Agreement and GTC.
13.4. By concluding the Agreement, the Client gives express consent to Besteron a.s. to society
Besteron a.s. used the Client's data for marketing purposes, in particular to send the Client
up-to-date information about the Besteron service, its changes and innovations, as well as business information
regarding the business partners of Besteron a.s., all in accordance with the valid and effective
legal regulation. Such consent of the Client according to the previous sentence is valid for the duration
Contracts between Besteron a.s. and the Client.
13.5. Individual provisions of the Agreement and these GTC are enforceable independently of each other and void
and/or unenforceability of any of them shall have no effect on the validity and/or
enforceability of other provisions of the Agreement/these GTC, with the exception of cases where, in particular,
due to the importance of the nature or other circumstance relating to such provision of the Agreement/s
It is clear from the General Terms and Conditions that a given provision of the Agreement/these General Terms and Conditions cannot be separated from the others
of the relevant provisions of the Agreement/these GTC.
13.6. In the event that any of the provisions of the Agreement or these General Terms and Conditions become generally applicable
of binding legal regulations of the Slovak Republic invalid and/or unenforceable, validity
and/or the enforceability of other provisions of the Contract/these GTC remain unaffected and Contractual
the parties undertake to immediately start negotiations in good faith and agree on a replacement
of such provision by a new provision which will have effects as similar as possible to the effects
of the original provision, taking into account in particular the context and overall legal and economic
the purpose of the given provision as well as of the Agreement/these GTC.
13.7. These General Terms and Conditions enter into force on July 1, 2022.