Terms and conditions for Trustly Direct Debit payment

TRUSTLY’S GENERAL TERMS AND CONDITIONS FOR CONSENT AND PAYMENT VIA
TRUSTLY DIRECT DEBIT, VERSION 3.0 (THE “TERMS AND CONDITIONS”)

1. GENERAL INTRODUCTION TO THE SERVICE

1.1 Trustly Direct Debit is a service, developed by Trustly Group AB (registration number 556754-
8655), a Swedish licensed payment institution, (“Trustly”), pursuant to which you (the “User”)
can provide Trustly with a mandate to execute recurring payments from the User’s bank account
via direct debit to an online merchant providing the User with a product or a service (the
“Merchant”), (the “Service”).

1.2 By providing your consent and agreeing to these Terms and Conditions, the User provide
Trustly with a mandate to withdraw money from a bank account chosen by the User by direct
debit. The User will be advised of the sum to be withdrawn by the Merchant. The sum will be
withdrawn from the User’s bank account within seven bank days from Trustly’s initiating of the
withdrawal.

1.3 If there are insufficient funds in the account on the day when the sum is to be withdrawn, new
attempts may be made to withdraw the money. Alternatively, the User may be asked to pay the
sum using a different payment method. If there are insufficient funds in the account on the day
when the sum is to be withdrawn, fees and penalty interest may be payable in accordance with
what was previously agreed.

1.4 The Service is not offered by or affiliated with the User’s bank. The Service is provided to the
User by Trustly through the Merchant. Please read these Terms and Conditions carefully. In case
you do not accept the Terms and Conditions, do not proceed with the transaction.

1.5 These Terms and Conditions includes the information Trustly shall provide to the User in
accordance with Chapter 4 Section 10 in the Swedish Payment Service Act. The User may at any
time request a copy of these Terms and Conditions by sending a request to Trustly via the
channels listed under section 12 below.

1.6 The Terms and Conditions may be revised from time to time. In the event of a change of the
terms, the revised version will be labelled with a new version number. The User will be provided
with an updated version of the Terms and Conditions no later than 2 months before their
proposed date of application. The User can either accept or reject the changes before the date of
their proposed date of entry into force. The User shall be deemed to have accepted the relevant
changes to the Terms and Conditions if it does not notify the Trustly before the proposed date of
their entry into force. In the event that the User rejects the changes, the User has the right to
terminate the Terms and Conditions free of charge and with effect at any time until the date
when the changes would have applied.

2. THE MANDATE

2.1 CONSENT TO PAYMENT BY DIRECT DEBIT
The undersigned (“the payer”) consents for payment to be made by means of withdrawal from
the specified account or from an account subsequently specified by the payer, at the request of
the specified payee for payment to the payee, on a certain day (“the due date”) via direct debit.
The payer consents to the processing of personal data submitted in this consent by the payer’s
payment service provider, the payee, the payee’s payment service provider and
Bankgirocentralen BGC AB for the administration of the service. The controllers of personal data
for this personal data processing are the payer’s payment service provider, the payee, and the
payee’s payment service provider. The payer can, at any time, request access to and correction of
personal data by contacting the payer’s payment service provider. Additional information about
the processing of personal data in connection with payments can be found in the terms and
conditions of the account and in the agreement with the payee. The payer can, at any time, revoke
their consent, which means that the service will be terminated completely.

2.2 DESCRIPTION

2.2.1 General
Direct debit is a payment service that involves payment being made from the payer’s account on
the initiative of the payee. In order for the payer to be able to make payments by direct debit, the
payer must provide their consent to the payee to allow the payee to initiate payments from the
payer’s account. The payer’s payment service provider (e.g. bank or payment institution) must
also approve the account for use with direct debit and the payee must approve the payer as a
direct debit user.
The payer’s payment service provider is not obliged to request authorisation from, or inform, the
payer in advance of requested withdrawals. Withdrawals are charged to the payer’s account in
accordance with the rules valid for the payer’s payment service provider. The payer will be
informed of withdrawals by the payment service provider. The consent may be transferred at the
payer’s request to another account with the payment service provider or to an account with
another payment service provider.

2.2.2. Definition of banking day
A banking day refers to all days except Saturday, Sunday, Midsummer’s Eve, Christmas Eve or
New Year’s Eve or any other public holiday.

2.2.3 Information on payment
The payee will inform the payer of the sum, due date and payment method no later than eight
banking days before the due date. The payer may receive a notification prior to each individual
due date or one notification for several future due dates. If the notification refers to several future
due dates, the notification will be issued no later than eight banking days before the first due
date. However, this does not apply if the payer has approved withdrawal in connection with the
purchase or order of a product or service. In those circumstances, the payer will receive
notification from the payee of the sum, due date and payment method in connection with the
purchase and/or order. By signing this consent, the payer is consenting to completion of
payments that are covered by the payee’s notification as per this point.

2.2.4 There must be sufficient funds in the account
The payer must ensure there are sufficient funds in the account by 00.01 on the due date at the
latest. If the payer does not have sufficient funds in the account on the due date, this may mean
that payments cannot be completed. If there are insufficient funds for payment on the due date,
the payee may make further withdrawal attempts on the following banking days. The payer can
request information from the payee on the number of withdrawal attempts.

2.2.5 Stopping payment (revoking a payment order)
The payer may stop a payment by contacting either the payee no later than two banking days
before the due date or the payment service provider no later than the banking day prior to the
due date at the time specified by the payment service provider.
If the payer stops a payment as above, it means that the current payment will be stopped on that
individual occasion. If the payer wants all future payments initiated by the payee to be stopped,
the payer must revoke the consent.

2.2.6 Period of validity of the consent, revocation
The consent is valid until further notice. The payer is entitled to revoke the consent at any time
by contacting the payee or their payment service provider. In order to stop any payments not yet
made, the notification of revocation of the consent must reach the payee no later than five
banking days before the due date or the payee’s payment service provider no later than the
banking day before the due date at the time specified by the payment service provider.

2.2.7 The right of the payee and the payer’s payment service provider to cancel the direct debit
The payee is entitled to terminate the payer’s direct debit thirty days after the payee has informed
the payer accordingly. However, the payee is entitled to terminate the payer’s direct debit with
immediate effect if the payer has not had sufficient account funds on the due date on repeated occasions, or if the account to which the consent relates has been closed, or if the payee believes for any other reason that the payer should not participate in the direct debit scheme.
The payer’s payment service provider is entitled to terminate the payer’s direct debit in
accordance with the terms and conditions in force between the payer’s payment service provider
and the payer.

2.2.8 Additional requirement with respect to cancellation of payment order under the mandate
If the User want to cancel a payment with Trustly in accordance with the rights set out under
section 2.2.5 (Stopping payment (revoking a payment order)), the User must inform Trusty
thereof via the channels stipulated under section 12 no later than 16.00 CET two bank days prior
to the due date.

3. LOGIN INFORMATION, ETC. PROVIDED BY THE USER
Any direct debit mandate approved using personal authentication data (codes/passwords, etc.)
will be deemed as approved by the authorised user of the account. The login information supplied
by the User during the approval of the mandate will be collected and processed by Trustly.
Trustly will forward the information via the Service interface to the corresponding interface in
the User’s online bank over an established secure connection. All communication transferred
when using the Service is encrypted and the secret login information of the User is only
forwarded to the corresponding input-field of the selected bank but is never stored.

4. INFORMATION OF THE USER
By approving the direct debit mandate, the User acknowledges that information about the User is
collected from the User’s online bank and processed by Trustly in accordance with, and for the
purposes, set out in the Privacy Policy.

5. INFORMATION ON DIRECT DEBIT TRANSACTIONS

5.1 Upon a request from the User, Trustly shall provide the User with a list of payment
transactions conducted under the direct debit mandate containing the following information:
1. information that can be used to identify the payment transaction(s) and the payee(s) for
such transaction(s);
2. amount and currency used of each payment transaction;
3. information on value date for the payment transaction or the day when the payment
order was received; and
4. information on the exchange rate used (if any) in accordance with 11.2.

5.2 Trustly shall not have to provide the information set out above more than once per month.
The information will be sent via email to the User.

6. GENERAL REQUIREMENTS TO QUALIFY TO USE THE SERVICE
To use the Service, the User must be of at least eighteen (18) years of age, or of such age as
required by the Merchant, with capacity to enter into legally binding contracts and have the right
to dispose of the assets available on the User’s online bank. The User hereby guarantees that
these requirements are met. Moreover, the User guarantees that it shall not use the Service for
any purpose that is in violation of its agreements with third parties or applicable law. The User is
personally responsible for any and all such violations and acknowledges, by using the Service,
that the use of the same does not result in any such violation.

7. TRANSACTION TIMES
The User acknowledges that the payments conducted via direct debit is transferred via general
clearing systems, meaning it might in exceptional cases take up to three (3) banking days before
funds from the Users are settled with the Merchant.

8. SUSPENSION OF THE SERVICE
Trusty may have to suspend the Service to deal with technical changes or to update the Service to
reflect changes in relevant laws and regulatory requirements.

9. LIABILITY AND COMPENSATION

9.1 Trustly is liable to the User for payment transactions executed through the Service to the
extent set out in the Swedish Payment Services Act (as applicable from time to time). Unless
required by mandatory applicable law, Trustly shall in no case be liable to the User for any direct
or indirect loss or damages incurred due to the use of the Service.

9.2 The User’s purchase of goods, services, digital content or otherwise from the Merchant will at
all times be subject to the Merchant’s terms and conditions and Trustly shall in no way be liable
for the actions or inactions of the Merchant. Please ensure that you have reviewed and accepted
the Merchant’s terms and conditions before using the Service.

10. REFUNDS

10.1 The User is entitled to request a refund of a payment transaction conducted under these
Terms and Conditions in the following situation:
1. the exact amount of the payment transaction was not presented to the User when the
payment transaction was approved; and
2. the payment transactions amount exceeds the amount the User could have reasonably
expected based on its previous expenses pattern, conditions in these Terms and
Conditions and other relevant circumstances.

10.2 Any claim for a refund under section 10.1 must be presented to Trustly no later than eight
(8) weeks from the day the payment was debited on the User’s bank account.

10.3 Trustly shall within 10 day from receipt of a request for refund either refund the payment to
the User or explain the reasons for not refunding the User. In case Trustly does not refund the
User, the User can file a complaint against Trustly’s decision in accordance with section 17.2.

11. POTENTIAL CHARGES AND FEES APPLIED BY THE BANK OF THE USER

11.1 When executing a payment transaction through the Service, domestic or international
payments may occur from time to time in which case a fee chargeable to the User’s bank account
may apply according to the terms of the agreement between the User and its bank. By using the
Service, the User acknowledges that he or she is solely responsible for any and all fees applied by
his or her bank when executing domestic or international payments transactions.

11.2 Trustly does not charge the Users any fees for the provision of the Service via the Merchant.
However, a fx rate (2.75 % on top of the middle rate available at oanda.com) may apply if a User
pays for a product or service in another currency than which the product was offered in on the
Merchant’s website.

12. COMPLAINTS AND NOTIFICATIONS OF DELAYS, INTERRUPTIONS, MALFUNCTION ETC.

12.1 If the User notice any indication of malfunction of the Service, the User shall notify Trustly
promptly. Any questions or complaints relating to the Service shall be submitted to Trustly via
the contact form on Trustly’s Support Center available at https://trustly.com/en/usersupport/ or
sent to contactus@trustly.com. Users can also contact our Complaints Manager by sending a letter
to the address below:

Trustly Group AB
To: Complaints Manager

Norrtullsgatan 6, floor 7
113 29 Stockholm/Sweden

12.2 Trustly will respond to questions or complaints electronically and in English. However, the
User has the right to request that a response shall be translated into the official language where
the Service is offered.

12.3 Trustly follows the Swedish Financial Supervisory Authority’s general guidelines on
complaints management (FFFS 2002:23) and handles complaints in accordance with existing
regulations.

12.4 For further information on how Trustly handles questions or complaints, please
visit https://trustly.com/en/usersupport/.

13. FORCE MAJEURE
Trustly shall in no case be liable for any economic loss, delay or failure in performance to the
extent such loss, delay or failure is caused by fire, flood, explosion, war, strike, embargo,
governmental requirements, civil and military authority, data trespass, denial-of-service (DoS)
attack, unlawful action of the User or any other cause beyond Trustly’s reasonable control.

14. SUSPECTED CRIMINAL ACTIVITY, ETC.
Trustly unilaterally reserves the right to take appropriate measures, keep records of and suspend
a transaction of the User in the event of suspected criminal or illicit activity, imminent civil
actions by third parties due to the providing of the Service or any other act or omission such as
severe malfunction or misuse of the Service that might expose the User or Trustly to damage
regardless of the nature of such potential damage.

15. KNOW YOUR CUSTOMER (KYC)-REGULATIONS AND USER OBLIGATIONS TO PROVIDE
INFORMATION
The transactions carried out by the User are subject to monitoring in order to comply with
applicable provisions regarding measures to counter money laundering and terrorist financing.
The policies and practices applied are constantly revised and may vary from time to time and
depend on circumstances concerning the User, such as transaction pattern, geographical
position, etc. Records may be kept in order to comply with the applicable provisions and
additional information can be requested from the User to determine the answers to questions of
identity, purpose of transaction and origin of capital. By executing a payment transaction via the
Service, the User undertakes, at the request of Trustly, to supply all such information that may be
necessary for these purposes. The User understands that if such information is not submitted,
Trustly may refrain from making a withdrawal and, in the long term, may terminate the Service.

16. SEVERANCE
If any provision in these Terms and Conditions is found to be invalid or unenforceable by a court
or any competent jurisdiction or administrative authority, the invalidity or unenforceability of
the provision will not affect the other provisions of this agreement, which will continue to apply
fully. If any provision of these Terms and Conditions is found to be invalid or unenforceable in
any way but would cease to be invalid or unenforceable if some part of the provision were
deleted, the provision in question shall apply with such modification as may be necessary to
make it valid and enforceable.

17. GOVERNING LAW AND DISPUTE RESOLUTION

17.1 These general Terms and Conditions shall be governed by Swedish law. Disputes shall
initially be resolved through good faith negotiations between the parties after a claim has been
lodged by the user, after which Trustly shall examine the claim within thirty (30) days. If the
parties cannot reach an amicable settlement on the claim, the dispute shall be resolved in
accordance with the provisions for civil cases.

17.2 A User can also contact the National Board for Consumer Disputes (ARN). Please visit
Trustly’s Support Center available at https://trustly.com/en/usersupport/ for further
information on how a User can identify and contact the out-of-court complaint scheme in its
home country.
A User can also get advice and guidance on how to take a User’s complaint further through
Konsumenternas Bank- och Finansbyrå and through the local consumer advisory service of a
User.

Trustly Group AB (556754-8655) Norrtullsgatan 6, floor 7
113 29 Stockholm/Sweden
website: https://trustly.com/en/
email: contactus@trustly.com

Supervised by the Swedish Financial Supervisory Authority
Box 7821
103 97 Stockholm
Email: finansinspektionen@fi.se
Phone: +46 8 408 980 00
fraud@trustly.com
https://cdn.desk.com/
false
desk
Loading
seconds ago
a minute ago
minutes ago
an hour ago
hours ago
a day ago
days ago
about
false
Invalid characters found
/customer/en/portal/articles/autocomplete