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Strona główna - Regulations
§ I – Preliminary Provisions
1. In accordance with the requirements of the Act of August 19, 2011 on payment services and the Act of July 18, 2002 on the provision of electronic services, Blue
Media S.A. in Sopot creates these regulations for the provision of the payment transaction initiation service and the provision of the money transfer payment service.
2. The entity providing the services described in the Regulations is Blue Media Spółka Akcyjna with its registered office in Sopot, 6 Powstańców Warszawy Street, postal code: 81-718,
entered into the Register of Entrepreneurs kept by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register under
KRS number 0000320590, NIP 585-13-51-185, REGON 191781561, with a share capital of PLN 2,205,500 (paid in full), supervised by
Polish Financial Supervision Authority and entered into the register of domestic payment institutions under the number IP17/2013.
§ II – Definitions
1. Price list – a price list specifying fees and commissions due to the Company from the User for the provision of services covered by the Regulations, constituting an appendix to the Regulations. The price list is an integral part of the Regulations.
2. Access data – User’s authentication data in electronic banking and allowing access to the User’s designated payment account (e.g.
login and password).
3. Business days – all days of the week from Monday to Friday, excluding public holidays.
4. Receivables – the User’s monetary liability towards the Recipient for goods or services provided to the User by the Recipient (including those documented by an invoice or other accounting document issued by the Recipient) or for other receivables, resulting from the contract concluded by the User with the Recipient or other legal title and regulated by a transaction executed through the System.
5. Recipient – the recipient of the money transfer.
6. Regulations – these Regulations for the provision of the payment transaction initiation service and the money transfer payment service via the BM Online Payment System.
7. Website – the Recipient’s website or mobile application or run on his behalf, enabling the User to use the Service via the System.
8. Company – Blue Media Spółka Akcyjna with its registered office in Sopot, Powstańców Warszawy 6, postal code: 81-718, entered into the register of entrepreneurs
kept by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register under KRS number 0000320590, NIP 585-
13-51-185, REGON 191781561, with a share capital of PLN 2,205,500 (paid up in full), supervised by the Polish Financial Supervision Authority and entered
to the register of domestic payment institutions under the number IP17/2013.
9. System – BM Online Payment System, the Company’s IT and functional solution enabling Users to allow the Company to initiate a payment transaction order to the Company in order to perform the Money Transfer Service and to perform the Money Transfer Service.
10. Agreement – an agreement concluded by the User with the Company specifying the rules for the provision of Services via the System, concluded by way of the User’s acceptance of the Regulations.
11. Service – Payment Transaction Initiation Service and Money Transfer Service.
12. Payment transaction initiation service – payment transaction initiation service provided by the Company to the User in accordance with the rules resulting from the Regulations, consisting in initiating a transaction of transferring funds to the Company’s bank account in order to perform the money transfer service. The transaction is initiated at the User’s request from the User’s payment account maintained by a third party. The list of third parties maintaining accounts from which the User may perform the Payment Transaction Initiation Service may change; The User is informed about a detailed list of the above entities available in the System each time a payment order is generated. The payment transaction initiation service is provided by the Company only together with the Money Transfer Service.
13. Money transfer service – a money transfer service provided by the Company to the User in accordance with the rules resulting from the Regulations, consisting in the transfer of funds received from the User by the Company as a result of using the Payment Transaction Initiation Service and transferring them to the Recipient’s bank account, used for settling the Receivables, initiated on the basis of the User’s payment order and provided without the intermediation of a payment account maintained by the Company for the User.
14. Act – the Act of August 19, 2011 on payment services.
15. User – any entity using the Services described in Reg
in order to pay the Receivables to the Recipient, placing a payment order for the transfer of funds via the System in the amount indicated in the System or on the Website and using the Payment Transaction Initiation Service.
§ III – Type of Services
1. When providing the Services, the Company acts as the User’s supplier within the meaning of the Act.
2. Services are services provided electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services.
3. The payment transaction initiation service enables the User to initiate a money transfer payment order only with simultaneous use of
money transfer services. The money transfer service enables the User to make a money transfer through the Company to the indicated account
bank belonging to the Recipient, with the value and title of the transaction indicated in the System or on the Website.
4. Services are provided on the territory of the Republic of Poland.
5. The value of a single transaction carried out via the System may not exceed the equivalent of EUR 1,000 (at the average NBP exchange rate
applicable on the date of the transaction).
§ IV – Conditions for the provision of the Payment Transaction Initiation Service
1. The service of initiating a payment transaction is provided by the Company only to Users who, by accepting these Regulations, have concluded with the Company
Agreement on initiating a money transfer payment order with the simultaneous execution of a single payment transaction under the Money Transfer Service.
2. The User’s consent to initiate the transaction is tantamount to the User’s consent to express consent through the Company to the execution of the initiated payment order as part of the Payment Transaction Initiation Service and the payment order as part of the Money Transfer Service and does not require the User to submit additional statements.
3. The Company charges the User fees and commissions for the Payment Transaction Initiation Service in the amount specified in the Price List.
4. In order to grant consent for the transaction to be initiated by the Company, the User (i) confirms the details of the transaction to be made as part of the Money Transfer Service in accordance with the requirements set out in § V sec. 6 of the Regulations, (ii) accepts the Regulations, (iii) provides Access Data (depending on the technical solutions adopted by the user’s payment account provider, Access Data may be provided on the website of the electronic banking service or in the System), (iv) selects and indicates the number of the payment account from which the transaction on the Company’s account is to be initiated (if the third party maintains more than one payment account for the User within one set of Access Data), (v) provides the payment account provider with data allowing for additional authorization of the payment transaction by this provider (if such additional authorization is required by the payment account provider).
5. If the Access Data has been made available to the Company by the User, they will be processed by the Company for the period necessary to perform the Payment Transaction Initiation Service. The system enables the transfer of Access Data in an encrypted form (preventing reading by an unauthorized third party). Access data will not be made available by the Company to third parties at any stage of the Payment Transaction Initiation Service, with the exception of the payment account provider.
6. After submitting a payment order to the Company as part of the Payment Transaction Initiation Service, the Company shall immediately provide the User with a confirmation of the correct submission of the payment order to the provider maintaining the User’s account and other information required by the Act.
7. By using the Payment Transaction Initiation Service, the User consents to the Company providing the Recipient with information about the User and the transaction, in accordance with applicable law.
§ V – Conditions for the provision of the Money Transfer Service
1. The money transfer service is provided by the Company only to Users who, by accepting these Regulations, have concluded an agreement with the Company
o initiating a payment transaction and executing a single payment transaction as part of the Money Transfer Service.
2. The Company charges the User fees and commissions for the Money Transfer Service in the amount specified in the Price List.
3. The Company provides the User with the Money Transfer Service on the basis of a statement received from the User regarding the performance by the Company of
payment transaction (Payment order). The Payment Order is received as a result of the User’s prior use of the Transaction Initiation Service
payment order (then the Payment order is received by the Company automatically after initiating the transaction, without the need to submit additional statements
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User Pages). The receipt of the Payment Order by the Company takes place on the day on which the User’s account has been debited with the amount initiated by the Company.
payment transaction together with the fee due to the Company. If the Payment Order was received by the Company on a day which is not a Day for the Company
business day, it is assumed that the Payment Order was received on the first Business Day following that day, except for cases where, due to
for internal booking hours of the banks keeping the Company’s bank accounts, it is possible to receive a Payment Order on a day which is not a Business Day for the Company.
4. The Company performs the Money Transfer Service not later than by the end of the next Business Day after receiving the Payment Order in accordance with section 3 above. IN
in the event that the Company received a Payment Order on a day which is not a Business Day for the Company, and due to the internal booking hours of the banks maintaining the Company’s bank accounts, the execution of a payment transaction based on the received Payment Order is possible on that day, the Company will execute the payment transaction by the end of the day, in which the Company received the Payment Order. If, in accordance with the preceding sentence, the execution of the payment transaction is not possible on the day of receipt of the Payment Order, the Company shall execute the payment transaction by the end of the first Business Day following that day.
5. The Company will execute the Payment Order if the User’s account has funds equivalent to at least the value of the ordered transaction and fees or commissions due to the Company from the User, and the execution of the Payment Order is not contrary to the law.
6. In order for the Payment Order to be properly executed by the Company, the User is obliged to confirm the following information to the Company: name and surname or company of the Recipient, transaction title, payment transaction amount, unique transaction identifier. Confirmation of the above data takes place in the System and is tantamount to the User’s consent to perform the payment transaction.
7. The Company executes a payment transaction only in the Polish currency (PLN).
8. After receiving the Payment Order, the Company will inform the User in the form of a message sent to the e-mail address about receiving the Payment Order. In the event of refusal to execute the Payment Order, the Company will inform the User about this fact in the form of a message sent to the User’s e-mail address.
9. The User may not cancel the Payment Order from the moment of giving the Company consent to initiate the Payment Order within the meaning of § IV sec. 2.
10. Refunds are made to the bank accounts from which the Company received the payment.
11. The Company has the right to refuse to accept or execute a Payment Order submitted by the User:
a) in the absence of the appropriate amount of funds necessary to execute the Payment Order and cover the commission due to the Company on the payment account,
b) in the absence of the content of the Payment Order with the data necessary for its execution or providing contradictory or incomplete data,
c) for reasons related to security, in particular when there is a suspicion of a fraudulent or fictitious transaction, or the purpose or subject of which is inconsistent with applicable law (including the provisions of the Act on Counteracting Money Laundering or Terrorist Financing) or the principles of social coexistence, generating unacceptable by the Company risk level, as well as in the case of qualifying the transaction to the sanction lists applied by the Company.
12. In the event of a refusal to accept or execute a Payment Order, the Payment Order shall be deemed not to have been received, and the Company shall notify the User of the refusal and of the reasons for the refusal, unless such notification is inadmissible under separate provisions of law.
§ VI – Liability
1. The Company is liable to the User for non-performance or improper performance of the Money Transfer Service, subject to section 3, sec. 4 and sec. 5 below.
2. The User shall immediately notify the Company of identified unauthorized, non-executed or improperly executed payment transactions in a manner
indicated in § IX (Complaints and dispute resolution).
3. If the User fails to make the notification referred to in par. 2 above, within 13 months from the date on which the transaction was to be performed
5. The Company’s liability for non-performance or improper performance of a payment transaction is excluded in the event of force majeure or if non-performance or improper performance of a Payment Order results from other legal provisions.
6. If the User claims that there has been a non-performance or improper performance of a payment transaction initiated via the Payment Transaction Initiation Service, it is necessary to submit a complaint to the provider maintaining the User’s account.
7. The Company is not responsible for unavailability
or incorrect operation of the electronic banking interface operated by the User’s account provider.
§ VII – Personal data
1. The administrator of Users’ personal data is the Company.
2. The legal basis, purpose, period of personal data processing and the User’s rights, as well as other important information regarding the principles of personal data processing, are specified in detail in the Blue Media S.A. Privacy Policy. , taking into account the provisions of the 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
such data and repealing Directive 95/46/EC (“Regulation”).
3. Providing personal data is voluntary, but necessary for the implementation of the Service.
4. In case of questions regarding data processing or in order to exercise the User’s rights under the Regulation, it is possible to contact the inspector
protection of personal data at odo@bm.pl or in writing to the Company’s address: Blue Media S.A., ul. Powstańców Warszawy 6, 81-718 Sopot, postscript: data protection
personal.
§ VIII – Conditions for concluding and terminating the contract for the provision of the Service
1. Conclusion and termination of the Agreement for the provision of the Service takes place only through the System.
2. The conclusion of the Agreement takes place subject to the acceptance of the Regulations.
3. In order to conclude the Agreement and use the Services, it is necessary for the User to meet the following technical requirements:
a) having a device with a connection to the Internet and memory enabling the storage of documents in electronic form
(e.g. computer or mobile phone);
b) having a web browser enabling the correct display of the System, including downloading and saving documents in electronic form;
c) having software that allows the correct display of documents in PDF format;
d) having an active e-mail account;
e) having a payment account with on-line access, maintained by an entity on the list of entities serviced by the Company in
as part of the Payment Transaction Initiation Service (the current list of entities supported by the Company is displayed to the User in the System).
§ IX – Complaints and settlement of disputes
1. With respect to the provision of payment services, the Company is subject to the supervision of the Supervisory Commission
Financial (contact details: https://www.knf.gov.pl/o_nas/urzad_komisji/dane_teladresowe).
2. Complaints may be submitted:
a) in writing – in person at the Company or via a postal operator, courier or messenger to the Company’s address: ul. Powstańców Warszawy 6, 81-718 Sopot, or to the address for electronic deliveries referred to in art. 2 point 1 of the Act of November 18, 2020 on electronic deliveries;
b) electronically – via the complaint form available at:pomoc.bluemedia.pl/;
c) verbally – by phone at 58 7604 844 between 7:00-22:00 on working days and on Saturdays between 8:00-16:00 (call payable at the rates of the telecommunications operator appropriate for the User) or in person to protocol at the Company (between 8:00-16:00 on Business Days).
3. Filing a complaint is also possible through the User’s attorney who has a power of attorney granted in ordinary written form.
4. The complaint should contain a concise description of the reported objections, transaction number and indication of the User’s data along with his correspondence address (e.g. address of residence), unless: correspondence is not required or when the User has submitted a request to receive a response to the complaint by e-mail – then the User indicates the e-mail address for delivery of the response to the complaint (unless the Company has the User’s e-mail address).
5. At the User’s request, the Company confirms the receipt of the complaint to the User by e-mail or in writing.
6. The Company shall consider the complaint immediately, not later than within 15 Business Days from the date of its receipt.
7. In particularly complicated cases, which make it impossible to consider the complaint and provide a response within the time limit specified in para. 6, the Company explains to the User the reasons for the delay, indicates the circumstances that must be established to consider the complaint and indicates the expected date of considering the complaint and providing a response, which may not be longer than 35 Business Days from the date of receipt of the complaint.
8. If the complaint needs to be supplemented in accordance with the wording of sec. 4 The Company asks the User to complete it.
9. The response to the complaint is provided in paper form to the User’s correspondence address, unless the User has submitted a complaint using the complaint form available on the website Pomoc.blu
emedia.pl/ or when the User has submitted a request to receive a response by e-mail – then the response to the complaint is delivered to the e-mail address provided by the User.
10. The User should bear in mind that submitting a complaint immediately after the User has raised objections may facilitate and accelerate the reliable consideration of the complaint by the Company.
11. The complaint procedure does not exclude the User’s rights under the law.
12. If the Company does not take into account the claims arising from the complaint, the User has the right to apply for consideration of the case to the Financial Ombudsman (rf.gov.pl). The Financial Ombudsman is an entity authorized to out-of-court resolution of consumer disputes, as well as disputes between entrepreneurs regarding the provision of financial services.
13. Disputes arising from this Agreement, at the User’s request, may also be settled by the Arbitration Court at the Polish Financial Supervision Authority (www.knf.gov.pl – “Arbitration Court” tab).
14. Detailed information on the amicable dispute resolution procedure is available at www.polubowne.uokik.gov.pl/.
15. The User has the right to file a claim against the Company to a common court. The competent court for resolving disputes arising from this Agreement is the court competent according to the provisions of the Code of Civil Procedure (as a rule, the court competent for the address of the Company’s registered office).
16. The User has the right to lodge a complaint against the Company’s operation to the Polish Financial Supervision Authority, if the Company’s operation violates the law.
17. The User who is a consumer is also entitled to ask for help from the locally competent Poviat (Municipal) Consumer Ombudsman.
18. A user who is a consumer is provided with an electronic link to the ODR platform for out-of-court dispute resolution between consumers and entrepreneurs: ec.europa.eu/odr.
§ X – Reservations
1. It is not allowed to use the Services in order to violate or circumvent the law or the rules of fair trading, in particular making payments using payment instruments that do not belong to the User.
2. The User undertakes to use the Services in a manner consistent with the law and the principles of social coexistence, only for the purpose of paying the Recipient. It is forbidden for the User to introduce, when using the Services or via the System, content that the User is not authorized to enter, in particular content that violates any rights of third parties or is contrary to good practice.
3. The user bears the fees related to access to the Internet and data transmission in accordance with the tariff of his operator.
4. During the term of the Agreement, the User has the right to request at any time that the provisions of the Regulations be made available to him on a durable medium of information, including
also by e-mail or on paper. The Regulations may also be downloaded and then saved and stored by the User in his memory
devices.
5. The Company reserves the right to periodically carry out modernization and maintenance works and to update the systems enabling the provision of the Services covered by these Regulations, which may cause restrictions in the use of the Services, of which the Company will inform the User before using the Services. If it is necessary to perform the works referred to in the above sentence for reasons beyond the Company’s control, the Company shall inform about the works and the related interruption in the provision of the Service at the latest at the time of commencement of the works, and before using the Service. The Company is responsible for restrictions in the use of the service on the terms set out in the law.
§ XI – Communication
1. The language in which the Company communicates with the User and concludes the Agreement is Polish.
2. Unless the provisions of these Regulations provide otherwise, the User may communicate with the Company:
a) electronically, via the e-mail address Pomoc@bm.pl;
b) by phone, at the phone number 58 7604 844 – during the working hours of the Blue Media Help Center, available in the System;
c) in writing, at the address: Blue Media S.A., ul. Powstańców Warszawy 6, 81-718 Sopot.
3. The Company communicates with the User electronically, by phone or in writing, and unless the provisions of the Regulations or the law stipulate otherwise, the basic form of communication with the User is e-mail.
§ XII – Validity, termination, change and withdrawal from the Agreement
1. The Agreement is concluded for a definite period of time, covering the performance of the Payment Transaction Initiation Service and a single money transfer transaction, for the purposes of which it was concluded, and shall be terminated after the execution of the payment transaction under the Money Transfer Service.
2. The User may terminate the Agreement at any time with immediate effect. statement
A request to terminate the Agreement should be submitted to the Company’s address indicated in the Regulations.
3. In the event that, prior to the termination of the Agreement, the User submitted, within the meaning of § V sec. 3 of the Regulations A payment order that cannot be canceled by the User any more and would be executed after its termination, the Company executes this order in accordance with the provisions of the Agreement.
4. Due to the nature of the payment services provided under this Agreement and the fact that the Payment Order cannot be canceled by the User from the moment it is received by the Company, the Services are provided by the Company only after receiving a request from the User for their immediate execution. A statement on the request for immediate performance of the Service is submitted via the System.
5. The User who is a consumer has the right to withdraw from the Agreement without giving a reason by way of a statement submitted within fourteen days from the conclusion of the Agreement.
6. The declaration of withdrawal from the Agreement referred to in the preceding paragraph may be submitted, among others, to: in writing via the form, the template of which is attached to the Regulations.
7. Complete implementation of this Agreement, at the User’s request, results in the loss of the User’s right to withdraw from the Agreement.
8. In the event of withdrawal by the User from the Agreement, when before the expiry of the period referred to in par. 5, the Company has completed a payment transaction at the User’s request, the Company will be entitled to remuneration for the execution of this transaction, determined in accordance with the Price List.
§ XIII – Final provisions
1. The Regulations are available to every User.
2. Due to the fact that each time the conclusion of a new Agreement and acceptance of the Regulations are required to use the Services, the Company does not announce each change
of the Regulations. The Company regularly publishes the current Regulations in the System.
3. The law applicable to the conclusion and performance of the Agreement is Polish law.
Annex No. 1 to the Regulations of the payment service of initiating a payment transaction and providing the payment service of money transfer provided via the BM Online Payment System
PRICE LIST
Annex No. 2 to the Regulations of the payment service of initiating a payment transaction and providing the payment service of money transfer provided via the BM Online Payment System
TEMPLATE WITHDRAWAL FROM THE CONTRACT
(NOTE: this form must be completed and returned only if you wish to withdraw from the contract)
– Addressee: Blue Media S.A., ul. Powstańców Warszawy 6, 81-718 Sopot,
by e-mail: Pomoc@bm.pl or via the complaint form available at:pomoc.bluemedia.pl/
– I/We (*) hereby inform/inform (*) about my/our withdrawal from the contract for the sale of the following items (*) the contract for the supply of the following items (*) the contract for a specific task consisting in the performance of the following items (*) /for the provision of the following service (*)
– Date of conclusion of the contract (*) / receipt (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent on paper)
– Date
(*) Delete where not applicable
* We use the promotion regulations when the Partner decides
to incur commission costs.
Appendix No. 3 to the Regulations for the provision of the transaction initiation service
payment service and the provision of a money transfer payment service
via the BM Online Payment System
PROMOTION RULES
§ 1 Preliminary Provisions
1. The organizer of this promotional campaign (“Promotion”) is Blue Media Spółka Akcyjna with its registered office in Sopot, 6 Powstańców Warszawy Street, entered into the
entrepreneurs kept by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register under KRS number 0000320590,
NIP 585-13-51-185, Regon 191781561, with a share capital of PLN 2,205,500 (fully paid up), supervised by the Polish Financial Supervision Authority and entered into the register of domestic payment institutions under the number IP17/2013 and providing payment services of money transfer via the BM Online Payment System (“Organizer”).
2. The Promotion is conducted on the basis of these “Promotion Regulations” (“Promotion Regulations”) and concerns the amount of commission due to the Organizer from the User for the provision of the payment service via the BM Online Payment System (“System”).
3. These Promotion Regulations constitute an appendix to the Regulations for the provision of the payment transaction initiation service and the provision of the payment service of money transfer via the BM Online Payment System (“Regulations”).
§ 2 Rules and subject of the Promotion
1. During the Promotion period, the User will not be obliged to pay the commission due to the Organizer for the execution of payment transactions through
em
system.
2. The promotion lasts until it is canceled by the Organizer.
§ 3 Complaints
1. The User has the right to submit a complaint on the terms set out in the Regulations.
2. The complaint procedure does not exclude the User’s other rights under the law.
§ 4 Final Provisions
1. By using the Service during the period covered by the Promotion, the User agrees to the provisions of these Promotion Regulations.
2. These Promotion Regulations are available via the System.
3. Capitalized terms that are not otherwise defined in these Promotion Regulations shall have the meaning given to them in the Regulations.