New Regulations

Chapter I

General provisions and definitions

§ 01.

  1. The Regulations were issued by Payholding Sp. z o.o. based in Wrocław, postal code 53-413 at Gwiaździsta 66, Lok. 22 floor, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for Wrocław-Fabryczna, 6th Commercial Department of the National Court Register under number 0000472748, Regon: 022207267 NIP: 894-30-47-640, share capital 700,000 PLN, which manages the website .pluskantor.pl and in the further content of the Regulations is referred to as the Operator.
  2. Pursuant to the Act on Electronic Services – Article 8 paragraph 1 point 1 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
  3. In matters not covered by the Regulations, the law applies accordingly.

§ 02.

The words used in this Regulation shall mean:

  1. 1. User – a natural or legal person or an organizational unit without legal personality who, via the Internet, submits an offer to buy or sell a currency on the Currency Exchange, available at www.pluskantor.pl
  2. Beneficiary – within the meaning of the provisions on counteracting money laundering and financing of terrorism;
  3. User Account – an individual registration account assigned to each User on the Website, where the registration of submitted currency exchange orders, completed transactions and user made deposits / withdrawals from or to bank accounts given by the user.
  4. BOK – Customer Service Office separated in the organizational structure of the Operator;
  5. SHA cost option – an option in which all fees related to the transfer are divided between the principal and the beneficiary of the transfer
  6. OUR cost option – an option in which all fees related to the execution of the transfer, i.e. costs of the client’s bank, intermediary banks and the beneficiary’s bank, are covered by the payer. In practice, this means that the transfer amount will be deducted from the payer’s account along with all costs collected by banks participating in the transaction. However, the recipient will receive the target amount without incurring costs.
  7. www.pluskantor.pl – a website enabling Users to use tools / applications thanks to which it is possible to match pairs of opposite currency orders, also known as the Currency Exchange;
  8. Registration – is synonymous with Account Assumption;
  9. Regulations – these Regulations, which are available free of charge for each User at https://pluskantor.pl/regulamin/ and are created in accordance with the Act on the provision of electronic services;
  10. www.pluskantor.pl rate – currency exchange rate updated on the basis of the FOREX market or the best available rate proposed by the Users;
  11. Order – submission of an offer to sell or buy currency by the User at the Operator at the exchange office, taking into account the limitations resulting from the provisions of law and the provisions of these Regulations;
  12. Offer – is synonymous with the definition of the Order;
  13. Transaction – a purchase or sale agreement concluded between the User and the Operator.19. Act on the protection of personal data – Legal basis for the protection of personal data: REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data; repeal of Directive 95/46 / EC (general regulation on data protection)
  14. Foreign Exchange Law – the Act of 27 July 2002. Foreign Exchange Law (Journal of Laws of 2002 No. 141, item 1178, as amended);
  15. Anti-Money Laundering Act – means the Act of March 1st, 2018 on Counteracting Money Laundering and Terrorism Financing (Journal of Laws, item 22018, item 723, dated 2018)
  16. Transfer – transfer of funds to the Account indicated by the Operator in the appropriate currency, when placing the Order by the User or transfer of funds to the User’s account after the exchange of currency;
  17. Account – a bank account maintained by the Operator, carried out for the User in accordance with the applicable provisions of the Banking Law;
  18. The compliance of the User’s data – indicated in the transfer made using a bank account and the data that the User left at the Operator during the Registration. At the same time, the title of the transfer and login of the given user are verified;
  19. Additional documents – the Operator has the right to require the User to submit additional documents (eg series and ID card number, passport, permanent residence card or other ID document), for verification, failure to submit relevant documents entitles the Operator to suspend transaction and withdrawal funds for the User;
  20. Working Days – days from Monday to Friday, excluding public holidays in Poland,
  21. www.pluskantor.pl availability – availability of https://pluskantor.pl/ on the Internet 7 days a week for 24 hours a day;
  22. Technical requirements – technical requirements necessary for the User to use the pluskantor.pl website freely: having a computer with access to the Internet, an installed Internet browser that supports encrypted SSL connections, Cookie and Java Scripts files and having a mobile phone, also an email address, in order to receive confirmation of the transaction. To read PDF files is a program that the user should provide himself.
  23. RODO – shall be understood as Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. on the free movement of such data and the repeal of Directive 95/46 / EC (general regulation on data protection).
  24. Table of Fees and Commissions – Table of Fees and Commissions for the provision of services offered by the Operator on the Website, which constitutes an attachment to the Regulations and is an integral part of the Regulations.
  25. Operator – Payholding Sp. z o.o. with headquarters in Wrocław, at Gwiaździsta street 66, 22nd floor, 53-413 Wrocław, owner of the Pluskantor.pl website entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna, 6th Commercial Division of the National Court Register under number 0000472748, Regon: 022207267 Tax Identification Number: 894-30-47 -640, share capital PLN 700,000

§ 03.

  1. The content of the Regulations is made available to the User free of charge on the Website, in a way that allows to obtain, reproduce and record its content using the ICT system used by the User.

Chapter II

Conclusion of the contract and registration of the User.

§ 04.

  1. An agreement for the provision of electronic services is considered to be concluded with the Operator after the proper completion of the Registration process.
  2. The contract is concluded for an indefinite period.
  3. The Operator provides the Website with a currency exchange service: PLN, EUR, CHF, USD, GBP and RUB indicated on the Website.
  4. The conclusion of the contract takes place on the Registration Card and comes into effect when the following conditions are met:
  5. a) complete all fields of the form on the pluskantor.pl website;
  6. b) data must be provided in accordance with the facts;
  7. c) the User confirms that he has read the Regulations and accepts all its provisions;
  8. d) approval of the Registration is done by clicking the Create Account button.
  9. Acceptance of the Regulations by the User is synonymous with submitting by the User statements that he has read the Regulations and constitutes an integral part of the Table of Fees and Commissions, and accepts their content without any reservations.
  10. User registration includes:
  11. a) in the case of a natural person: name, surname, postal address (zip code, town, street, house number, pesel) mobile phone number;
  12. b) in the case of a legal person, an organizational unit without legal personality, or a natural person running a business: the company (name) and organizational form of business, address, NIP and REGON, representative data such as name, surname, mobile number;
  13. c) providing an email address which will constitute a login to the Website and will be indicated to receive messages from the Operator.
  14. One person may have only one User Account. The Account User may not share the User Account with other persons and may not transfer the User Account to other persons.
  15. The User is obliged to store the Password of Access to the Website in a safe place and not to disclose it to third parties. The Operator undertakes to enable the recovery of the Access Password to the Website via the Pluskantor.pl website.
  16. Upon completing the registration, the User will receive an e-mail message to the e-mail address indicated by the User, and the acceptance of the content of the received e-mail will be tantamount to obtaining access to the Website.

§ 05.

  1. The User bears full responsibility for the correctness of the data provided, which has been provided to the Operator and is obliged to update them on the website.
  2. In case of doubts as to the authenticity of data provided by the User, the Operator may request the submission of relevant documents (eg ID card, passport, driving license) confirming the transferred data and suspend the provision of services to the User until the situation is clarified.
  3. In the event of a breach or justifiable suspicion that the User has infringed the law, the Operator is entitled to refuse further services to the User and block the account.
  4. The Operator is not liable for unrealized operations, suspension of payments and withdrawals, account blockage or freezing of funds, if the performance of these activities has been performed in accordance with the application of the legal obligation on the operator and resulting from other legal provisions.
  5. The User acknowledges that justified suspicion of legal infringment may be made available to relevant state authorities, including law enforcement authorities.
  6. The Operator reserves the right to verify Users other than the methods described above.

§ 06.

  1. It is forbidden to adopt a User name that is offensive, contrary to good practices or rules of social coexistence, or being the own name subject to legal protection, in particular the name of the User having the address “WWW” or name, pseudonym or the name of a well-known person.

Chapter III

Payment and identification of funds.

§ 07.

  1. The payment shall consist in the User making a transfer of funds to the relevant Bank Account on the basis of data provided by the User, in particular the relevant currency and the bank account from which the payment will be made.
  2. The payment made by the User shall be recorded on the User’s Account, in the actual amount received by the Operator, in particular when the User is obliged to cover all costs of the transfer and any costs that the Operator will be charged by intermediary banks, in accordance with the fees and commissions rates applied through intermediary banks.
  3. The Operator may return funds to the User’s account in the event of discrepancies between the data resulting from the Registration form and the data from the transfer.
  4. If there are reasonable doubts as to the compliance of the data, the Operator may ask the User for clarification.
  5. In the event of obvious errors, personal data may be corrected by the Operator, of which the User will be notified by e-mail sent to the address provided on the Website.
  6. If the cause of the data inconsistency is not established, the Operator shall immediately return the amount of the received transfer to the bank account from which the transfer took place, less the cost associated with the return of the funds.
  7. The return transfer shall be made not later than within 30 days.
  8. If the User’s verification is successful, the funds will automatically appear on the “My Pluskantor” tab, in the Pay ins item.

Chapter IV

Currency Exchange Order

§ 08.

  1. The Operator enables Users to submit Sale Offers or Currency Purchase Offers specified by the Operator on the Website.
  2. The Operator accepts only the Currency Exchange Order, for which the User has full coverage from the cash in the Wallet in the currency that was paid to the Website.
  3. The user using the “New Exchange Request” Panel by clicking with the mouse indicates the currency, which is set by default in accordance with the Current Portfolio measures, e.g. PLN. The user clicks, selects the currency for which he wants to exchange eg EUR and he accepts by clicking the Accept button.
  4. The Currency Exchange Order may be made in whole or in part by the User.
  5. The amount which the User orders for exchange can not be less than: 1 PLN, 1 EUR, 1 USD, 1 GB, 1 CHF, 1 RUB.
  6. The amount which the User has to pay for withdrawals can not be less than: 5 PLN, 5 EUR, 5, USD, 5 GBP, 5 CHF, 5 RUB and costs related to the transfer fee, according to the table of fees for a given bank.
  7. Clicking the Accept button is tantamount to submitting an instruction to the Operator.
  8. During the period of Offer activity, the rates displayed by the Operator are dynamic.

§ 09.

  1. Using the currency exchange transaction with deferred payment date is called “Hot Order”.
  2. In order to use the currency exchange service with a deferred payment date, the User must have 5% of the total transaction value on his account at Pluskantor.pl, in order to secure it.
  3. Exchange of currency with deferred payment is based on the possibility of exchange eg PLN / EUR, according to the online exchange rate at the time of order, with the reservation that the User is obliged to provide on his account the funds necessary to settle the ordered currency exchange transaction at the latest on the second business day after the day of order completion by 15.00.
  4. In order to remind about the completion of the transaction with deferred payment date, one day before the transaction the User will receive information by e-mail and three hours before the deadline will receive information in the form of SMS to the mobile phone left during the registration process.
  5. If the User provides funds in his account necessary to settle the ordered currency exchange transaction no later than on the second business day after the day of order completion by 15.00, the transaction is settled and the User gains access to the currency.
  6. If the User does not provide funds in his account necessary to settle the ordered currency exchange transaction and click on the “Settlement” button no later than on the second business day after the day of order completion until 15.00:
  7. The Operator is entitled to a transaction fee of 5% of the value of the currency exchange transaction;
  8. In the case referred to in point 6 of these Regulations, the User undertakes to cover the transaction fee due to the Operator and expresses irrevocable consent to cover and collect this transaction fee by the Operator from the deposit.
  9. Proof confirming the User’s payment of the transaction fee to the Operator will be available for download by the User in the “Transaction and Operation History”.

§ 10.

 

  1. After concluding the Transaction, the Operator records cash.
  2. The User receives from the Operator an e-mail message to the address defined in the User’s Account containing information about the Transaction carried out.

Chapter V

Proofs of purchase and sale

§ 11.

  1. The Operator is obliged to provide the User with proof of the service related to the execution of currency exchange transactions.
  2. Each time, transaction evidence will be available to the User in electronic form for download.
  3. The operator guarantees the authenticity of origin and integrity of the contents of issued and sent documents.
  4. Evidence confirming the purchase of the currency will be issued in accordance with the data provided by the User at the Registration.

Chapter VI

Rules regarding fees

§ 12.

  1. Registration and use of the currency calculator is a service provided to the User free of charge.
  2. The Operator may add the costs related to the bank charge as a transfer to the Operator’s account or as a withdrawal of funds from the Operator’s account to the account indicated by the User.
  3. The User has the right at any time to dispose of his funds after carrying out the foreign exchange transactions.

Chapter VII

Disbursement of funds

§ 13.

  1. The User has the right to leave funds on the account or to instruct the Operator to issue a Payment of the Funds at any time.
  2. Placing a withdrawal request requires confirmation by an SMS code sent to the User’s telephone number provided on the Pluskantor.pl website for authorization.
  3. The date of payment and cash flow payment to the bank account defined in the User’s Account depends on the bank to which we order the payment, type of transfer and bank operating hours.

§ 14.

  1. The Operator shall not be liable for any unpaid payments or delays in the transfer of funds that resulted from the entry of an incorrect bank account number, incorrect recipient’s data and resulting from the lack of additional data not specified in the regulations, which are necessary for the implementation payment.

Chapter VIII

Correspondence

§ 15.

  1. All correspondence addressed to the Operator should be sent to the following e-mail address: pomoc@pluskantor.pl or in writing to the following address: Payholding Sp. z o.o., Gwiaździsta street 66,22nd floor, 53-413 Wrocław.
  2. The Operator performs the function of personal data administrator in accordance with the regulations – the legal basis of the RODO, on the protection of personal data, in relation to the User’s personal data provided in connection with the performance of the services set out in these Regulations.

Chapter IX

Privacy policy and personal data security

§ 16.

  1. The User completing the Registration form provides his personal data on a voluntary basis, which are processed by the Operator in order to perform the service in accordance with these Regulations.
  2. User’s personal data may not be transferred by the Operator to other Users and other entities without the consent of the User – Legal basis REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to data processing personal data and on the free movement of such data and the repeal of Directive 95/46 / EC (general regulation on data protection).
  3. In accordance with the Act of 27 April 2016 on the protection of personal data, the User has the right to inspect their data and the right to request their correction or removal – Legal basis REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (EU) 2016/679 dated 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC (general regulation on data protection).
  4. The Operator, in connection with the provision of services on the Website (described in § 4), processes personal data of the User respecting his privacy, in accordance with the law. The rules for the processing of your personal data are set out in the Privacy Policy.
  5. If the User has knowledge that his personal data has changed, he is obliged to enter correct data on the “My Data and Bank Accounts”. If this activity is discontinued by the User, the Operator is entitled to suspend the provision of services covered by these Regulations.

Chapter X

Complaints

§ 17.

  1. The User may submit a complaint regarding the provision by the Operator for the Use of the service.
  2. All complaints should be submitted in writing to the following address: Payholding Sp. z o.o., Gwiaździsta street 66, 22nd floor, 53-413 Wrocław, or by e-mail to the email address: pomoc@pluskantor.pl.
  3. Complaints are considered within 14 days from the date of its receipt. The User will receive a response to complaints to the e-mail address he has provided with the Registration Data. If it is not possible to reply within 14 days, the Operator will provide information on the reason for the inability to meet the deadline. I will set a deadline, however, not longer than 60 days from the date of receipt of the complaint.
  4. The Customer has the right to appeal against the position of the Operator contained in the response to the Complaint within 30 days from the date of receipt of the reply. The client may bring an action to the competent common court.

 

Chapter XI

Final Provisions

§ 18.

  1. The Operator is not liable for damages caused by the inability to use www.pluskantor.pl, as a result of the User’s failure to meet technical requirements.
  2. The Operator shall not be liable for damages that may arise as a result of the Orders erroneously issued by the User, including orders submitted erroneously.
  3. The Operator is not responsible for Instructions issued on behalf of the User, but without his knowledge and consent by third parties who have obtained access to www.pluskantor.pl as a result of ineffective securing of the Password and Login by the User.
  4. The Operator is not liable for losses, damages, claims or damages, including loss of profit or loss of benefits incurred by the User due to the use or inability to use pluskantor.pl.
  5. The Operator is not responsible for costs, damages, expenses and other liabilities in the event of insolvency, the decision to suspend the Bank’s operations or bankruptcy of any Bank with which the Operator cooperates and is integrated.
  6. The operator is not responsible for the displayed exchange rates, because due to the internet connection they may be displayed with a delay and therefore they may not be real at the moment.
  7. The operator is not responsible for any delays that result from bank system failures. All transactions whose performance will be delayed as a result of such failures will be carried out on the next business day after the failure has been removed by the bank.
  8. The Operator is not responsible for the effects of force majeure, eg possible disasters, strikes, wars or other unforeseen circumstances and random events.
  9. The Operator is not liable for non-performance or improper performance of obligations under the Regulations, unless the non-performance or improper performance of obligations is caused by circumstances beyond the Operator’s control despite due diligence (force majeure). In the event of a force majeure performance of services will be suspended for a period equal to the period of force majeure.
  10. The operator is not responsible for the fact that the bank does not make transfers on holidays.

 

Chapter XII

Withdrawal from the contract

§ 19.

The User has the right to withdraw from the contract without giving a reason within 14 days from the date of its conclusion. In order to terminate the contract for the provision of electronic services, you must send a notice in writing to: Payholding Sp. z o.o., Gwiaździsta street 66, 22nd floor, 53-413 Wrocław. or by email at pomoc@pluskantor.pl from an e-mail which is a login to the Website.

Chapter XIII

Amendments to the Regulations, termination of the contract

§ 20.

  1. The User may at any time resign from the services provided on the basis of the Regulations without incurring any additional costs, except for any bank charges for return transfers. In order to terminate the contract for the provision of electronic services, you must send a notice in writing to: Payholding Sp. z o.o., Gwiaździsta street 66, 22nd floor, 53-413 Wrocław. or by email at pomoc@pluskantor.pl from an e-mail which is a login to the Website. The contract will be terminated within 3 business days of receipt of the notice notice.
  2. The currencies paid by the User and the currencies exchanged as a result of matching the Bids after the User’s withdrawal order will be returned within 3 working days from the date of receipt of the notice.
  3. If you click Block account, the only cost that may occur is the cost of the transfer regarding the withdrawal of funds to the account of another bank in accordance with the User’s written instruction.
  4. The Operator reserves the right to introduce changes to the Regulations.
  5. Any changes to the Regulations enter into force within 7 days from the date they are placed on the website www.pluskantor.pl. Information about changes in the Regulations may also be sent to Users by e-mail to the e-mail address provided during Registration.
  6. Lack of acceptance of changes by the User in the Regulations is tantamount to termination of the contract with the Operator.
  7. If the Operator determines that the User is taking actions that are unlawful, with the purposes and interests of the Website www.pluskantor.pl or Users and good practices, in particular by phishing information from other Users, giving false personal data, persistent non-compliance with obligations resulting from from the concluded agreements, actions violating the personal interests of other Users and other activities that may cause damage to other Users or the Operator, the Operator is entitled to block access to the User’s account and return to the Account previously paid funds with the costs of making a return transfer.

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