Terms and Conditions for Use of Adyen Payment System on Heureka.cz

These Rules govern the use of the Adyen payment system for the purpose of paying prices for Retailers’ Goods in the Heureka Marketplace system.

1. introductory provisions

1.1. Adyen

1.1.1. The operator of the Adyen System is Adyen N.V., a company registered in the Netherlands, registration number: 34259528, registered office: Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, the Netherlands (hereinafter “Adyen”).

1.2. Retailer

1.2.1. Based hereon, a Retailer uses the Portal (the Heureka.cz or Heureka.sk Internet portal), on which it offers its Goods or services, concludes purchase contracts with Users and accepts payments of purchase prices for goods or services paid for through the Adyen System.

1.2.2. With regard to the special nature of payment services that Adyen provides and the duties of Adyen to entities using payment services and providing individual Payment Methods, the Operator and Adyen issue these Rules, which are binding on all Retailers to which Users pay the purchase price of goods or services purchased through the Portal using the Adyen System. These Rules are part of the Special Terms and Conditions for Use of Portal in accordance with Article 1.2.2 of the Terms and Conditions of Use of Heureka Portal, available at https://heureka.group/cz-cs/podminky-pouzivani/podminky-pouzivani-nakupni-galerie-heureka-cz/ (hereinafter the “Terms and Conditions”), which apply to the relationship between a Retailer and the Operator to the extent to which the Rules do not provide otherwise. The interpretation of terms in accordance with Article 1.3 of the Terms and Conditions applies to these Rules, unless the Rules designate a different term and define its interpretation.

1.3. Definitions of Terms:

1.3.1. Administrative Interface – administrative interface specified in more details in the Marketplace TaC;

1.3.2. AML Act – Act on Selected Measures against Money Laundering and Financing Terrorism;

1.3.3. Authorization Limit – the maximum monetary amount of one transaction that a Retailer is entitled to perform without authorization;

1.3.4. Retailer’s Bank – the financial institution with which a Retailer has an account designated in the registration form for the purpose of accepting payments of purchase prices;

1.3.5. Card Holder – a User, i.e. a buyer that pays for goods or services ordered over the Portal using a Payment Card;

1.3.6. Retailer’s e-mail Address – the Retailer’s contact e-mail address agreed in the Contract;

1.3.7. Identification – identification of a Retailer, which Adyen is obligated to perform under the conditions stated in the AML Act;

1.3.8. Card Association – the MasterCard International, Visa International and Diners Club International card associations;

1.3.9. Rules – these terms and conditions for use of Adyen payment system for purpose of paying Prices of goods on Heureka;

1.3.10. Heureka Marketplace – a service of the Operator that allows Retailers and Users to conclude Purchase Contracts through the Portal, under the terms and conditions stipulated in the Heureka Marketplace terms and conditions, available at https://heureka.group/cz-cs/podminky-pouzivani/podminky-pouzivani-heureka-marketplace/

1.3.11. Partner – a bank or other financial institution, including the center for authorization and billing with which Adyen co-operates when processing payments using the Adyen System;

1.3.13. Payment Gateway – an Internet authorization platform for the acceptance of payment cards operated by a licensed processing institution made available by Adyen to Users through which Customers input the data necessary to make a payment by a Payment Card, where the Payment Card is secured using 3D Secure technology;

1.3.14. Payment Card – a card issued by a Credit Association enabling the holder to make cashless payments for goods and services in the Internet environment;

1.3.15. Payment Method – a specific payment method through which a User can pay for goods and services offered over the Portal using the Adyen system. Individual Payment Methods, with the exception of ordinary bank transfers, include a solution as part of the Adyen System agreed by Adyen with the various Partners;

1.3.16. Payment Account – a virtual payment account with Adyen for a Retailer as part of the Adyen System in which Adyen records payments of individual Transactions booked in favor of a Retailer;

1.3.17. Bank Platform – a technical interface of a Processing Bank’s system enabling communication between the Bank’s system and the GPE Payment Gateway;

1.3.18. Authorized Worker – an employee or external  worker authorized by Adyen to provide support to Retailers and communicate with them in connection with the use of the Adyen System;

1.3.19. PSP – payment services provider or payment facilitator, i.e. an entity that can, based on co-operation with the bank, offer and provide a payment card acceptance service;

1.3.20. Contract – a contract on co-operation governing the parties’ rights and duties on the sale of goods and services through the Heureka Portal and using the Adyen System to settle the price of goods and services, concluded between the Operator and a Retailer in accordance with the Marketplace TaC;

1.3.21. Deduction of Monetary Amount – reduction of the amount that Adyen is obligated to pay to a Retailer by the amount of the Operator’s receivables from the Retailer due to compensation for damage resulting from a breach of the Contract by the Retailer or due to a duty to return the amount of the Transaction to the User; Adyen is only entitled to deduct a lump-sum monetary amount from a Retailer’s Payment Account in the cases and under the conditions expressly stated in these Rules, the Contract, the Marketplace TaC or a separate contract concluded between a Retailer and Adyen;

1.3.22. Adyen System – an online payment gateway administered by Adyen, offering the option of several Payment Methods;

1.3.23. Transaction – a set of operations performed using the Adyen System or the systems of individual Partners for the purpose of a User making a payment for goods or services of a Retailer offered over the Portal;

1.3.24. Card Issuer – a bank or other financial institution that is entitled to issue Payment Cards and that is a member of a Card Association;

1.3.25. Processing Bank – a bank with which Adyen has an agreed co-operation contract on the acceptance of Payment Cards;

1.4. Application of Rules

1.4.1. A Retailer uses the Adyen System to accept payments made by Users based on purchase contracts concluded with Users through the Portal, where it is also in a direct separate contractual relationship with Adyen. These Rules govern the rights and duties of a Retailer related to the fact that it uses the Adyen System. A condition for use of the Adyen System by a Retailer is the conclusion of a Contract with the Operator and a separate contract with Adyen.

1.4.2. These Rules apply to all Retailers that have concluded a Contract. If the Contract or the Marketplace TaC contain provisions different to these Rules, the provisions of the Contract have priority.

1.5. Identification of Retailer

1.5.1. In order to comply with the requirements stipulated by legal regulations and the Card Associations, a Retailer shall enter into a direct contractual relationship with Adyen through the Administrative Interface in order to make the Adyen System available to the Retailer, and the Retailer shall perform Know Your Customer (KYC) and AML verifications performed by Adyen in accordance with applicable legislation and Card Association rules.

1.5.2. For the purposes of Identification, a Retailer shall comply with all requirements and conditions stipulated by Adyen.

1.5.3. The full completion of the Identification process by a Retailer is a condition for the opportunity to use the Adyen System by the Retailer for the purpose of receiving payments of purchase prices paid through the Portal by a User. The conditions and requirements for Identification are stipulated in the Administrative Interface.

1.5.4. A Retailer acknowledges that Adyen, at its sole discretion, will approve or refuse Identification and may require a Retailer to provide additional information, and may contact a Retailer directly for this purpose (and shall include the Operator in such communication and copy it on all communications).

1.5.5. The full performance of Identification by a Retailer is a condition so that the Retailer can use the Adyen System through the Operator for the purposes of accepting payments of purchase prices paid by Users.

2. general rules of operation of Adyen system

2.1. Operation of Adyen System

2.1.1. The Retailer takes note that for the operation of the Adyen System, Adyen uses the products and systems offered and supplied by individual Partners. Adyen is therefore obligated to ensure compliance with the terms and conditions for the provision of its services with the conditions of use of the products and systems of the individual Partners.

2.2. General Provisions of Adyen System

2.2.1. Operations performed by Adyen as a part of the Adyen System are not banking operations. All transactions are set and performed only in the Czech currency (Czech koruna, CZK) or in Euros (EUR).

2.2.2. Individual Payment Methods are available through the Adyen System; the Operator performs their selection, activation and any deactivation.

2.2.3. The Operator uses third parties to provide other services related to payment processing (e.g. currency conversion, identity verification, fraud analysis, compliance with legal regulations, etc.).

2.2.4. The Operator may share a Retailer’s personal or transaction data with third parties for purposes related to payment processing.

2.2.5. In the event the Operator receives information that a Retailer’s activities breach the terms and conditions of use of third-party services, the Operator may, at its discretion, take action against the Retailer to ensure that the terms and conditions of use of third-party services are complied with (e.g. cancellation of a transaction, blocking of certain Payment Methods, etc.).

2.2.6. Any features of the Adyen System may be altered, suspended or discontinued at any time without prior notice and are subject to restrictions stipulated by the Operator or Adyen. As a security measure, the Operator may impose limits on Transactions on a User or Retailer. For example, the Operator may set limits on the value of any Transaction or the aggregate value of Transactions for a certain period. The Operator may also set limits on the number of Transactions per day or other time period. The Operator is not liable to the Retailer for (a) not executing a Transaction in excess of the limit set or (b) allowing a User to withdraw from a Transaction. The Operator may also deny a Retailer access to the Adyen System at any time and for any reason.

2.2.7. The Operator reserves the right to refuse or refund Transactions that it deems to be high risk, fraudulent, in breach of trade sanctions or otherwise breaching the Marketplace TaC.

2.2.8. The Operator shall maintain records of Transactions and shall not sell any secure data to a Retailer, including credit card numbers or bank account information. A Retailer only receives shipping information and limited User account information necessary to fulfil an order from the Operator. How we handle Users’ personal data is specified in more detail at https://heureka.group/cz-cs/podminky-pouzivani/ochrana-osobnich-udaju/.

3. basic rights and duties for using the Adyen system

3.1. Duties of Retailer when Using the Adyen System

3.1.1. A Retailer is not entitled to offer goods or services whose offering or sale is in conflict with legal regulations through the Portal. If the Operator ascertains that a Retailer is offering goods or services through the Portal whose sale or provision is prohibited by legal regulations or that conflicts with Adyen’s principles or the requirements of Partners or Card Associations, such as, in particular:

1. a) Pornographic products or services of an erotic nature;
2. b) Products displaying or promoting child pornography or other sexual practices meeting the definition of the criminal offence of disseminating pornography;
3. c) Intoxicating, psychotropic substances or poisons;
4. d) Prescription medicines;
5. e) Tobacco products;
6. f) Goods or services through which the assistance or promotion of criminal activity or the circumvention of effective technical means of copyright protection could occur;
7. g) Goods or services through which the opinions of the extreme right or the extreme left could be promoted;
8. h) Goods or services through which religious sects could be promoted;
9. i) Other goods or services that could damage the good name of the Operator, Adyen, other Retailers or the Adyen System with Partners or other third parties, it is entitled to refuse to process a payment for such goods or services; such a rejection of the processing of a payment or the complete suspension of the Adyen System is not a defect or breach of the Contract by the Operator.

In the event that the Operator suffers damage as a consequence of the sale of goods or services specified in this article, the Retailer is obligated to compensate the Operator in full for such damage. The Retailer is obligated to check compliance with the duty stated in this article of the Rules in an ongoing fashion.

3.1.2. The Retailer is obligated to retain documents on the provision of goods or services to a User (delivery bills or delivery slips in the case of physical delivery), data about the User, including a record of communication with him/her and data about his/her IP address in the case of electronic delivery, in the event of the provision of a service in the form of remote communication, the date and time of the communication with the User, the precise designation of the User and a record of communication (if possible), all for a period of no less than 18 months after the provision of the goods or services. The Retailer is obligated to provide the Operator with such documents if so requested.

3.1.3. After the completion of a Transaction and the sending of the goods or the provision of a service to the User, the Retailer is obligated to issue the User with a tax document containing all the requisites required by the legal regulations.

3.1.4 A Retailer must promptly contact the Operator and refund the full amount of a Transaction if for any reason it is unable to deliver the Goods and is unable to provide the Operator with proof of acceptance of Goods corresponding to the order.

3.1.5 When a User chooses payment methods, a Retailer may not disadvantage payments through the Adyen System in any way.

3.1.6 A Retailer may not authorize a third party to exercise rights and obligations under these Rules.

3.1.7 A Retailer acknowledges that Adyen is bound by the result of the authentication and authorization of a Transaction and is not entitled to accept payments for Transactions that have not been authorized and authenticated by the Card Issuer.

4. processing payments in Adyen system

4.1. General Provisions

4.1.1.  The Adyen System can be used solely for processing Transactions executed through Heureka Marketplace for the purpose of selling Goods in the Heureka Marketplace system. Using the Adyen System will result in a Retailer accepting payments through authorized credit and debit card transactions and other Payment Methods, such as Apple Pay and Google Pay, if they are available. In order for a Retailer to register to use the Adyen System and accept payments for Transactions executed through the Adyen System, the Retailer must provide all the information required to the Operator and Adyen and complete all required steps, including bank account verification. Without this information, no payment of funds can be made into the Retailer’s payment account. The Operator may deny the Retailer access to Heureka Marketplace services until the aforementioned information is provided.

4.2. Processing of Transactions Sent by Users in Favor of Retailers

4.2.1. The Operator informs a Retailer of the status of Transactions and the balance through the Administrative Interface.

4.2.2 A Retailer acknowledges that through Adyen the Operator is obliged to check the execution of authorization of a Transaction and verification of whether a Payment Card is valid at the moment of a Transaction, whether it is blocked or on the list of Payment Cards to be withheld and whether the Cardholder has sufficient funds in his/her/its bank account to pay for a Transaction.

4.2.3. Adyen performs settlement of Transactions reduced by the amount of commissions for the use of the Adyen System and the Heureka Marketplace service into the Seller’s bank account.

4.2.4 The Operator shall provide a Retailer with data concerning the Transactions settled, which is available in the Administrative Interface.

4.2.5. The Operator may withhold the amount of a Transaction if the payment related to the Transaction is not in accordance with the provisions of these Rules, or if the Cardholder, Card Issuer or Card Association makes an objection to the Transaction and Adyen or the Operator, after prior discussion with a Retailer, determines that such objection is reasonable, or if a Retailer breaches any obligation resulting from these Rules, or if there is a suspicion of other fraudulent conduct by a Retailer when using the Adyen System.

4.2.6. A Retailer is liable for any breach of these Rules, including liability for damages incurred by the Operator due to a complaint by a Cardholder, Card Issuer or Card Association. Any receivable due to damages shall be paid by a Retailer within 15 days of the date of receipt of a call for payment, unless such receivable is settled by set-off against the Retailer’s receivable for payment of funds received by the Operator on its Payment Account (deduction of funds).

4.2.7. The completion of the input of a payment order in accordance with the proposed Payment Method is regarded as being the authorization of a Transaction by the User. The acceptance of an order by the User’s bank or Card Issuer is regarded as being the moment of acceptance of a payment order. The User is not entitled to rescind a payment order from the moment of its acceptance by its bank or Card Issuer.

5. rights and duties of adyen

5.1. Adyen’s Right to Reject the Making of a Payment in the Adyen System or to Limit Access to the Adyen System

5.1.1. Adyen is entitled to refuse to process a payment made by a specific User, in particular:

1. a) If it reasonably suspects that the Transaction is not in compliance with legal regulations;
2. b) If it reasonably suspects that the Transaction was not performed with the consent of the owner of the credit card that was used for the relevant Transaction;c) If it reasonably suspects that the Transaction was not performed with the consent of the owner of the bank account that was used in the case of the relevant Transaction;
3. d) If it reasonably suspects that it is not a real Transaction (excluding testing).

5.1.2. Adyen is entitled to limit access to the Adyen System for a Retailer, in particular:

1. a) If there is a reasonable threat to the Adyen System from computer viruses on the Retailer’s part;
   b) If it learns of the unlawful nature of goods or services offered by the Retailer through the Portal;
2. c) If it learns that goods or services offered through the Portal are in conflict with the principles and duties set out in a Contract or these Rules (in particular Article 3.1.1 ).

5.1.3. The taking of the measures stated in Article 5.1.1 and 5.1.2 are not a defect of the Adyen System and are not regarded as a shutdown. In the event of the justified disabling of the Adyen System, a Retailer shall not be entitled to the refund of any commission or other fees and charges already paid, or any pro rata portion thereof.

5.2. Maintenance of Adyen System, Shutdowns and Dealing with Outages

5.2.1. Neither Adyen nor the Operator guarantees constant and uninterrupted access to the Administrative Interface or the constant and uninterrupted functionality of the Adyen System. Adyen is, however, obligated to make efforts that can justly be required of it to ensure that the processing of payments in the Adyen System takes place on time.

5.3. Personal Data and Duty of Confidentiality

5.3.1. The personal data of Retailers that are individuals using the System are processed by the Adyen System in accordance with the relevant legal regulations, including the relevant provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. The details of personal data processing by the Operator of the Portal, including the rights of affected persons, are described in the document Privacy Protection on Heureka Portal.

5.3.2. The Operator processes and uses a Retailer’s contact details solely for the purpose of communication with the Retailer, this data is not disclosed or provided to third parties, with the exception of:

1. a) Disclosure to the Operator’s employees;
2. b) Disclosure to processors with which the Operator has concluded a written contract on personal data processing;
3. c) Cases where it is necessary to perform a statutory duty;
4. d) Contractual Partners whose Payment Methods are offered, for the purpose of providing a payment service to the Retailer.

5.3.4. The Operator may disclose personal data to a Retailer exceptionally and only as a one-off, only in a case where a complaint is being dealt with in accordance with Article 7.1, where processing will only take place for the period the relevant complaint is being dealt with.

5.3.5. The Operator hereby declares that it processes personal data in accordance with the relevant legal regulations on personal data protection.

6. special provisions for payment card acceptance service

6.1. This article applies to Retailers with which brokering of the Payment Card acceptance service has been agreed, using acceptance of Payment Cards provided by a Processing Bank in which Adyen is in the position of PSP. With regard to the special nature of PSP activities, the provisions of this Article 6 have priority over other provisions of these Rules, if they are in conflict with them.

6.2. For the purpose of the provision of a payment service in accordance with this article, Adyen implemented a Payment Gateway among the Payment Methods on the Portal’s website for the various offers of Retailers, and arranges the connection of the Payment Gateway with a Processing Bank’s Platform. Adyen undertakes to accept payments made using Payment Cards to the User in favor of a Retailer on the Internet, and make such payments to a Retailer.

6.3. A Retailer undertakes to comply, during a Contract’s effective term, with the duties and restrictions in accordance with Articles 6.4 and 6.5.

6.4. For the purposes of this Article 6 of the Rules, Adyen is obligated/entitled:

6.4.1. To arrange, through a Processing Bank, the performance of authorization of a Transaction, i.e. verification of whether a Payment Card is valid at the moment of the Transaction, whether it is not blocked or whether it is on the list of Payment Cards designated for retention and whether the Card Holder has sufficient funds in his bank account to settle the Transaction;

6.4.2. To perform the settlement of executed Transactions, reduced by the amount of commissions for the operation of the Payment Gateway into Adyen’s Payment Account with a Retailer as a part of the Adyen System;

6.4.3. To enable a Retailer to perform Transactions in CZK and EUR; the Retailer’s bank account for the payment of Transaction amounts from the Payment Account must be in the currency in which the Transaction is performed; if a User makes a payment from an account maintained in a currency other than CZK or EUR, the performance of the settlement into the Retailer’s Payment Account will use for the conversion the “deviza” purchase exchange rate of the Processing Bank from the day the Transaction is processed by the Processing Bank; in the event that the currency of a Transaction and the currency of the Retailer’s bank account for the acceptance of payments from the Payment Account are the same, no conversion is performed.

6.4.4. To make data about settled Transactions available to the Operator in the Administrative Interface in accordance with this Article 6;

6.4.5. To notify the Operator of a decision of the Processing Bank on the legitimacy of a complaint made by the Payment Card Holder, Payment Card Issuer or Card Association;

6.4.6. Not to pay a Retailer the Transaction amount under a specific purchase contract concluded using the Portal in the event that a certain payment took place under conditions not complying with the provisions of this Article 6, or in the event that a Payment Card Holder, Card Issuer or Card Association makes a complaint against the Transaction and the Processing Bank or Adyen find the objection legitimate, following prior discussion with the Retailer, or in the event a Retailer breaches any duty resulting from this Article 6 of the Rules or if there is a suspicion of any other fraudulent conduct by the Retailer during the acceptance of Payment Cards;

6.4.7. To stop the performance of Transactions for a specific Retailer to an extent concerning acceptance of Payment Cards if a Processing Bank or Card Association makes a request for the exclusion of this Retailer’s Transactions from the provision of the Payment Card acceptance service.

6.5. The Retailer undertakes:

6.5.1. To promptly contact the Operator and return the monetary amount received in full in the event the Retailer is not able, for any reason, to deliver the goods or provide the services and is not able to provide Adyen with a document of acceptance of the goods corresponding to the User’s order;

6.5.2. To provide the Operator with the co-operation necessary to ensure the User is provided with the following information, through the Portal by the offer of goods or in another manner: a) the full name (personal name or trading name) of the Retailer (not the P.O. box); b) the address, telephone number, e-mail address, information concerning a place performing the role of customer center; c) a detailed description of the goods offered for sale; d) the price of goods or services (if the price is stated in a foreign currency, the Retailer is also obligated to state the price in CZK); e) information about the option of making a payment by payment card;

6.5.3. To notify Adyen in writing or electronically sufficiently in advance of all changes that could have an influence on the full performance of this Article 6 of the Rules, in particular changes to the organizational and legal form of the Retailer and its ownership structure, changes to the name (trading name) of the Retailer and its registered office (entered in the Commercial Register) and real headquarters, changes to the types of goods and services offered;

6.5.4. To inform Adyen or the Operator promptly of the start of insolvency proceedings, if appropriate, or about the submission of an application for the start of insolvency proceedings, the subject of which is the bankruptcy or impending bankruptcy of the Retailer; in the event of a breach of this duty, the Retailer is liable in full for damage arising in this context;

6.5.5. At the request of Adyen or the Operator, to pay, in full and on time, all outstanding amounts resulting, in particular, from legitimate complaints of Users, Card Issuers or Card Associations, and any and all fines and other contractual penalties that are billed by Card Associations as a consequence of a breach of duties by the Retailer to a Processing Bank and subsequently by the Processing Bank to Adyen, or that are stipulated for Adyen by a Processing Bank, if the duty to pay them arises due to a breach of the Retailer’s duties stipulated by these Rules.

6.6. Other Duties of Adyen and the Retailer in Connection with Provision of Payment Card Acceptance Service

6.6.1. The Retailer notes that the Operator and Adyen are bound by the result of authentication and authorization of a Transaction and are not authorized to accept Transaction payments that were not authorized and authenticated by a Card Issuer.

6.6.2. The Retailer is not entitled to authorize a third party to exercise the rights and duties under this Contract.

6.6.3. The Retailer is liable for a breach of the Contract, including liability for damage suffered by Adyen as a consequence of complaints by a Payment Card Holder, Card Issuer or Card Association. Any receivable due to compensation for damage will be paid by the Retailer to Adyen within 15 days of the receipt of the request for payment, unless such a receivable is paid by setting off against a receivable of the Retailer due to the payment of funds accepted into the Payment Account (deduction of monetary amount).

6.7. Termination of Payment Card Acceptance Service

6.7.1. Adyen is entitled to suspend the provision of the Payment Card acceptance service at the instruction of a Processing Bank or Card Association, if an excessive quantity of complaints is made against a Retailer, if a Retailer starts to offer some of the excluded goods or services without the Operator’s consent, if a Retailer does not perform any Transactions in accordance with this Article 6 of the Rules for more than six calendar months or in the event of the start of insolvency proceedings against a Retailer.

6.7.2. A Contract to the extent of the provision of the Payment Card acceptance service in accordance with this Article 6 terminates at the moment of termination of the contract on co-operation between a Processing Bank and Adyen based on which Adyen is entitled to provide the Payment Card acceptance service or at the moment of termination of the authorization of the Processing Bank to process Transactions made using Payment Cards. This provision has the nature of a termination condition.

7. dealing with complaints, liability for defects and for damage

7.1. Dealing with a User’s Complaints in the Event of Payments by Payment Card or by m-Payments

7.1.1. The User is entitled to complain about a Transaction executed using the Adyen System directly to the bank that issued him/her the relevant Payment Card or to another provider of payment services whose Payment Method Adyen offers (in particular mobile operators providing m-Payments – unless stated otherwise below in this article, these entities are jointly termed a “bank”). The User can, for example, complain that he has not received the ordered goods or services or that he did not receive them without defects or that the amount was illegitimately deducted twice from his account. In the event of such a complaint, the bank is entitled to request information and documents from Adyen about the Transaction in question and it is also entitled to unilaterally deduct funds from Adyen’s Payment Account in an amount corresponding to the Transaction, including the relevant charges or commissions, unless Adyen proves to it that the delivery of goods or provision of services was in accordance with a contract concluded through the Portal between the Retailer and the User.

7.1.2. With regard to the duties of Adyen and the rights of Users and the bank specified above in Article 7.1.1, a Retailer is obligated to provide Adyen and the Operator with all the necessary co-operation, in particular it is obligated to provide Adyen and the Operator with all the relevant information about the Transaction performed to which the User’s complaint and the bank’s requests concern and the Retailer is also obligated to provide the following documents concerning the relevant Transaction to Adyen and the Operator within 3 days of the receipt of its requests, in particular: a) the tax document issued to the User containing all the requisites in accordance with Act No. 235/2004 Coll., on value added tax, in particular the precise identification of the User; b) a copy of the confirmation of the sending of the goods or a confirmation of the provision of the service ordered or other similar documents through which it documents that the provision of the goods or services by the Retailer was in accordance with the contract concluded with the User, including documents on the provision of goods or services to a User in accordance with Article 3.1.2; c) identification data of the User that ordered the goods or services that are the subject of the complaint.

7.1.3. A Retailer is, for the purpose of any provision of documents requested in connection with dealing with a complaint of a User, obligated to store such documents for at least 24 months after the date the Order is processed. The Retailer is also obligated to ensure that, based on the delivery of its goods or services ordered through the Portal, documents with the requisites stated in Article 7.1.2 were issued.

7.1.4. A Retailer takes note that banks or Card Issuers will stipulate a period that is usually not more than ten (10) days for the clarification of a Transaction and complaint by a User. If a Retailer does not provide Adyen with the information and documents stated in Article 7.1.2 within ten (10) days of the date as of which it was called on to do so in writing, Adyen is entitled to unilaterally deduct funds from the Payment Account, including any charges, penalties or other payments. Adyen is also entitled to unilaterally deduct funds from the Payment Account if, despite the timely provision of information and documents by a Retailer, it comes to light that a User’s complaint was legitimate. Under these conditions, Adyen is entitled to not pay a Retailer, from the Payment Account, an amount corresponding to the amount deducted.

7.2. Liability for Defects and for Damage

7.2.1. A Retailer is liable to the Operator for damage that the Operator suffers in connection with the making of claims due to a breach of these Rules or the Marketplace TaC, due to a breach of a purchase or similar contract concluded between it and a User or due to a breach of the Identification duty in accordance with the Basket TaC.

7.2.2.  The Operator shall make all reasonable efforts, but expressly excludes its guarantee and liability for the continuous and uninterrupted operation of and access to the Adyen system or any of its features.

8. duration and termination of contract, final provisions

8.1. The duration of a Contract and the termination of a Contract are set out in the Marketplace TaC.

8.2. These Rules were issued by the Operator, which reserves the right to amend them. These rules are an integral part of the Marketplace TaC.

8.3. The rules for the making of unilateral amendments to these Rules by the Operator are stipulated in Article 9.1 of the Terms and Conditions.

8.4. If any of the provisions of these Rules is invalid or ineffective for any reason, this fact shall not cause the invalidity or ineffectiveness of the other parts of these Rules or the Contract.

8.5.  The Operator shall inform a Retailer of all transactions or other information concerning the Operator’s services through e-mails sent and received by a Retailer only using the e-mail address set up in the Administrative Interface, which is the Operator’s standard communication procedure and is considered a written message received on the next business day after the date of sending without any proof of sending and delivery of the e-mail.

8.6 A Retailer agrees that no countries, entities, persons or items that are prohibited by sanctions, embargoes, regulations or orders issued by governmental authorities will be involved in the use of the Adyen System.

These Rules come into effect on 5 March 2024.