TRANSACTION DISPUTES. 13.1 If You believe You did not authorise a particular transaction or that a transaction was incorrectly carried out, in order to get a refund You must contact Our Customer Services team without undue delay - as soon as You notice the problem, and in any case no later than 4 weeks after the amount of the transaction has been deducted from the Card. We will as soon as practicable, and in any event no later than the end of the Business Day following the day on which We become aware of the unauthorized transaction, refund any unauthorised transaction and any associated transaction fees and charges payable under this Agreement subject to the rest of this clause 13 except in cases where We have a reasonable suspicion that You have acted fraudulently, or have authorised the transaction, in which case We will conduct an investigation as quickly as possible and notify You of the outcome. If the investigation shows that the transaction was indeed unauthorized, we will refund you as set out above in this clause 13.1. 13.2 If a transaction initiated by a retailer (for example, this happens when You use Your Card in a shop) has been incorrectly executed and We receive proof from the retailer’s payment service provider that We are liable for the incorrectly executed transaction, We will refund as appropriate and immediately the transaction and any associated transaction fees and charges payable under this Agreement. We are not liable for any incorrectly executed transactions if we can show that the payment was actually received by the retailer’s payment service provider, in which case they will be liable. [If a transaction initiated by You has been incorrectly executed, We will refund without undue delay the transaction and any associated transaction fees and charges payable under this Agreement except where any payment instructions You gave Us were incorrect, in which case We will make reasonable efforts to recover the funds but may charge You a reasonable fee to cover our administration costs, of which we will notify You in advance.] 13.3 [If You initiate a payment to someone in the EEA and it is received by them later than this Agreement stipulates (clause 4.4), You can notify Us so that We can ask the recipient’s payment service provider to correct the amount of any fees and charges on the account of the recipient (so that it is as if they received the payment on time and are not at a loss).]
Appears in 6 contracts
Samples: Prepaid Card Terms and Conditions, Prepaid Card Terms and Conditions, Prepaid Card Terms and Conditions
TRANSACTION DISPUTES. 13.1 14.1 If You believe You did not authorise a particular transaction or that a transaction was incorrectly carried out, in order to get a refund You must contact Our Customer Services team without undue delay - as soon as You notice the problem. Depending on the circumstances, and in any case no later than 4 weeks after the amount of the transaction has been deducted from the Card. Our Customer Services team may require You to complete a dispute declaration form.
14.2 We will refund any unauthorised or incorrectly executed transaction as soon as practicable, and in any event no later than reasonably possible unless We have reason to believe that the end incident may have been caused by Your breach of the Business Day following the day on which We become aware of the unauthorized transactionAgreement, refund any unauthorised transaction and any associated transaction fees and charges payable under this Agreement subject to the rest of this clause 13 except in cases through Your gross negligence or where We have reasonable grounds to suspect fraud by You. We shall not be held liable for any such transactions if You have failed to notify Us of a reasonable suspicion problem without undue delay – in those circumstances, You may be held liable. You shall also be liable for any unauthorised use of the Card by a person who is not the signatory of the Card if you have provided the Card to such a person or otherwise consented to such use of the Card, or have failed to observe the obligations to keep Your Card safe in accordance with clause 11.
14.3 If Our investigations show that any disputed transaction was authorised by You or You may have acted fraudulently or with gross negligence, We may reverse any refund made and You will be liable for all losses We suffer in connection with the transaction including but not limited to the cost of any investigation carried out by us in relation to the transaction.
14.4 In certain circumstances, We may refuse to complete a transaction that You have acted fraudulently, or have authorised authorised. These circumstances include:
14.4.1 if We are concerned about the transaction, in which case We will conduct an investigation as quickly as possible and notify You security of the outcome. If the investigation shows that the transaction was indeed unauthorized, we will refund you as set out above in this clause 13.1.
13.2 If a transaction initiated by a retailer (for example, this happens when You use Your Card or We suspect Your Card is being used in a shop) has been incorrectly executed and We receive proof from the retailer’s payment service provider that We fraudulent or suspicious manner;
14.4.2 if there are liable for the incorrectly executed transaction, We will refund as appropriate and immediately not sufficient Available Funds to cover the transaction and any all associated transaction fees and charges payable under at the time that We receive notification of the transaction;
14.4.3 if We have reasonable grounds to believe You are acting in breach of this Agreement. We ; or
14.4.4 if there are not liable for any incorrectly executed transactions if we can show that the errors, failures (mechanical or otherwise) or refusals by merchants, payment was actually received by the retailer’s processors or payment service provider, in which case they will be liable. [If a transaction initiated by You has been incorrectly executed, We will refund without undue delay the transaction and any associated transaction fees and charges payable under this Agreement except where any payment instructions You gave Us were incorrect, in which case We will make reasonable efforts to recover the funds but may charge You a reasonable fee to cover our administration costs, of which we will notify You in advanceschemes processing transactions.]
13.3 [If You initiate a payment to someone in the EEA and it is received by them later than this Agreement stipulates (clause 4.4), You can notify Us so that We can ask the recipient’s payment service provider to correct the amount of any fees and charges on the account of the recipient (so that it is as if they received the payment on time and are not at a loss).]
Appears in 5 contracts
Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions
TRANSACTION DISPUTES. 13.1 23.1. If You believe You did not authorise a particular transaction or that a transaction was incorrectly carried outexecuted, in order to get obtain a refund You must contact Our Customer Services team Service Department without undue delay - in accordance with Clause 26 – as soon as You notice the problemissue, and in any case no later than 4 weeks 13 months after the amount of the transaction has been deducted from the Cardcard. We will will, as soon as practicableis reasonably practicable and together with Partners, and in any event reimburse (no later than the end close of business on the Business Day day following the day on which We become date that we became aware of the unauthorized unauthorised transaction, refund ) any unauthorised transaction transactions and any associated related transaction fees and charges payable due under this Agreement Agreement, subject to the remainder of this Clause 23, unless We maintain a concrete, circumstantial suspicion of fraudulent conduct on Your part. In such a case, We will initiate an investigation as soon as is practically possible and inform You of the result. If this investigation shows that the transaction in question was indeed unauthorised and was not fraudulent, grossly negligent or intentional on Your part, we will process a refund in accordance with this Clause 23.1. Otherwise 23.3 shall apply.
23.2. Subject to the remainder of this Clause 23, we limit Your liability for any damages arising from unauthorised transactions to £35 or Euro equivalent.
23.3. In the following cases, You will be liable for all losses incurred in relation to an unauthorised transaction, provided that we are not at fault:
23.3.1. You have demonstrably acted fraudulently; or
23.3.2. You bear demonstrable responsibility for intentional or gross negligence.
23.4. Subject to the rest of this clause 13 23, we will limit Your liability to £35 or Euro equivalent for any losses incurred in respect of unauthorised transactions arising from the use of a lost or stolen Card, or the misappropriation of the Card’s details, except where:
23.4.1. the loss, theft or misappropriation of the Card was not detectable by You before the unauthorised transaction took place (unless You acted fraudulently, in cases which case You are liable for all losses incurred in respect of the unauthorised transaction), or
23.4.2. the loss was caused by acts or omissions of one of Our employees or agents, in which case You are not liable for any losses.
23.5. If our investigations reveal that a disputed transaction has been authorised by You or that You have been found to have acted fraudulently or with gross negligence, we together with Partners may reverse any refunds made to You and You shall be liable for all damages incurred by us in connection with the transaction, including, but not limited to, the cost of any investigation conducted by us or Partners in connection with the transaction. We will offer You reasonable notice of any reverse refunds as soon as is practicable.
23.6. Under certain circumstances, a transaction will be initiated (but not fully executed). This may result in the value of the transaction being deducted from the balance on Your card and will therefore no longer be available for use – We refer to this as “pending authorisation” or “blocking”. In such cases, You must inform Our Customer Service Department in accordance with Clause 26, describing the facts of the case. We will then investigate with the relevant third parties and will ensure Your balance is adjusted in accordance with the applicable legal requirements.
23.7. Except where We have a reasonable suspicion that You have acted fraudulently, You will not be liable for any losses incurred in respect of an unauthorised transaction:
23.7.1. which arise after Your notification to Us;
23.7.2. where We have failed to provide You with the appropriate means of notification, as found in clause 21.1.
23.8. Under certain circumstances, We may be required to refuse to complete a transaction authorised by You. These circumstances include the following cases:
23.8.1. We have grounds for reasonable suspicion regarding the security of Your card (PIN disclosed, card lost/stolen) or have authorised We maintain a concrete, circumstantial suspicion that Your card is being used in a fraudulent or unauthorised manner;
23.8.2. there are not sufficient Available Funds to cover the transaction and all associated fees at the time that We receive notification of the transaction;
23.8.3. there is an outstanding shortfall on the balance of Your Card;
23.8.4. if We maintain a concrete, in which case We will conduct an investigation as quickly as possible and notify circumstantial suspicion that You are acting contrary to this Agreement;
23.8.5. there are errors, failures (mechanical or otherwise) or refusals by retailers, payment processors or payment schemes processing transactions;
23.8.6. a transaction might take you over any of your card limits;
23.8.7. we reasonably believe that we need to do so to keep to the rules of the outcomepayment system under which your card is issued;
23.8.8. If the investigation shows we reasonably believe that the transaction was indeed unauthorizedit is necessary to do so to comply with any law or as a matter of good practice; or
23.8.9. We are required to do so by law.
23.9. Unless we are violating any laws, we will refund inform you, as soon as practically possible, of the rejection and the reasons for the rejection in cases where we refuse to conclude a transaction in accordance with clause 23.7 and together with you as set out above if necessary tell you what to do to correct any factual errors that have resulted in this clause 13.1the denial.
13.2 23.10. If we have reasonable suspicions regarding the security of your card (PIN disclosed, card lost/stolen) or if there is a transaction initiated by specific suspicion that your card is being used fraudulently or unauthorised, we can temporarily block your card. We will inform you in advance of such a retailer (temporary block and the reasons for examplethis, or, if this happens when You use Your Card in is not possible, as soon as practically possible afterwards, unless this would endanger adequate security measures or would otherwise be illegal. We will lift the temporary block as soon as practicable or, if necessary, issue a shop) has been incorrectly executed and We receive proof from new card free of charge as soon as the retailer’s payment service provider that We are liable reasons for the incorrectly executed transaction, We will refund as appropriate and immediately the transaction and any associated transaction fees and charges payable under this Agreement. We are not liable for any incorrectly executed transactions if we can show that the payment was actually received by the retailer’s payment service provider, in which case they will be liable. [If a transaction initiated by You has been incorrectly executed, We will refund without undue delay the transaction and any associated transaction fees and charges payable under this Agreement except where any payment instructions You gave Us were incorrect, in which case We will make reasonable efforts to recover the funds but may charge You a reasonable fee to cover our administration costs, of which we will notify You in advancetemporary block no longer exist.]
13.3 [If You initiate a payment to someone in the EEA and it is received by them later than this Agreement stipulates (clause 4.4), You can notify Us so that We can ask the recipient’s payment service provider to correct the amount of any fees and charges on the account of the recipient (so that it is as if they received the payment on time and are not at a loss).]
Appears in 2 contracts
Samples: General Services Agreement, General Services Agreement
TRANSACTION DISPUTES. 13.1 14.1 If You believe You did not authorise a particular transaction or that a transaction was incorrectly carried out, in order to get a refund You must contact Our Customer Services team without undue delay - as soon as You notice the problem. Depending on the circumstances, Our Customer Services team may require You to complete a dispute declaration form.
14.2 We will refund any unauthorised or incorrectly executed transaction immediately unless we have reason to believe that the incident may have been caused by a breach of the Agreement, through gross negligence or where We have reasonable grounds to suspect fraud. We shall not be held liable for a transaction that has been incorrectly executed if You have failed to notify Us of a problem without undue delay – in those circumstances, You may be held liable.
14.3 If Our investigations show that any disputed transaction was authorised by You or You may have acted fraudulently or with gross negligence, We may reverse any refund made and You will be liable for all losses We suffer in connection with the transaction including but not limited to the cost of any case no later than 4 weeks after investigation carried out by us in relation to the transaction.
14.4 In certain circumstances, a transaction will be initiated but not fully completed. Where this happens, this may result in the value of the transaction being deducted from the Card balance and therefore unavailable for use – We refer to this as a “hanging authorisation” or “block”. In these cases, You will need to contact Our Customer Service team in accordance with Condition 15 and present relevant evidence to show that the transaction has been cancelled or reversed.
14.5 In certain circumstances, We may refuse to complete a transaction that You have authorised. These circumstances include:
14.5.1 if We are concerned about the security of Your Card or We suspect Your Card is being used in a fraudulent or suspicious manner;
14.5.2 if there are not sufficient Available Funds to cover the transaction and all associated fees at the time that We receive notification of the transaction;
14.5.3 if there is an outstanding shortfall on the balance of Your Card;
14.5.4 if We have reasonable grounds to believe You are acting in breach of this Agreement; or
14.5.5 if there are errors, failures (mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing transactions.
14.6 Unless it would be unlawful for Us to do so, where We refuse to complete a transaction for You in accordance with Condition 14.5 above, We will notify You as soon as reasonably practicable, that it has been refused and the reasons why it has been refused, together where relevant, with the procedure for correcting any factual errors that led to the refusal. We may charge You each time We notify You that Your payment request has been refused.
14.7 You may claim a refund for a transaction that You authorised provided that:
14.7.1 Your authorisation did not specify the exact amount when You consented to the transaction; and
14.7.2 the amount of the transaction has been exceeded the amount that You could reasonably have expected it to be (taking into account Your previous spending pattern on the Card, the Terms and Conditions and the circumstances of this case). Such a refund must be requested from Our Customer Services team within 8 weeks of the amount being deducted from the Card. We will as soon as practicable, and in any event no later than the end of the Business Day following the day on which We become aware of the unauthorized transaction, may require You to provide Us with evidence to substantiate Your claim. The refund any unauthorised transaction and any associated transaction fees and charges payable under this Agreement subject shall be equal to the rest of this clause 13 except in cases where We have a reasonable suspicion that You have acted fraudulently, or have authorised the transaction, in which case We will conduct an investigation as quickly as possible and notify You of the outcome. If the investigation shows that the transaction was indeed unauthorized, we will refund you as set out above in this clause 13.1.
13.2 If a transaction initiated by a retailer (for example, this happens when You use Your Card in a shop) has been incorrectly executed and We receive proof from the retailer’s payment service provider that We are liable for the incorrectly executed transaction, We will refund as appropriate and immediately the transaction and any associated transaction fees and charges payable under this Agreement. We are not liable for any incorrectly executed transactions if we can show that the payment was actually received by the retailer’s payment service provider, in which case they will be liable. [If a transaction initiated by You has been incorrectly executed, We will refund without undue delay the transaction and any associated transaction fees and charges payable under this Agreement except where any payment instructions You gave Us were incorrect, in which case We will make reasonable efforts to recover the funds but may charge You a reasonable fee to cover our administration costs, of which we will notify You in advance.]
13.3 [If You initiate a payment to someone in the EEA and it is received by them later than this Agreement stipulates (clause 4.4), You can notify Us so that We can ask the recipient’s payment service provider to correct the amount of the transaction. Any such refund will not be subject to any fees and charges on the account of the recipient (so that it is as if they received the payment on time and are not at a loss)fee.]
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
TRANSACTION DISPUTES. 13.1 14.1. If You believe You did not authorise authorize a particular transaction or that a transaction was incorrectly carried out, in order to get a refund You must contact Our Customer Services team without undue delay - as -as soon as You notice the problem. Depending on the circumstances, Our Customer Services team may require You to complete a dispute declaration form, and note that an associated cost of 20 GBP/EUR/USD depending on card currency will be applied anytime a dispute declaration form is required.
14.2. We will refund any unauthorized transaction immediately unless We have reason to believe that the incident may have been caused by a breach of the Agreement, through gross negligence or where We have reasonable grounds to suspect fraud. We shall not be held liable for a transaction that has been incorrectly executed if You have failed to notify Us of a problem without undue delay – in those circumstances, You may be held liable.
14.3. If Our investigations show that any case no later than 4 weeks after disputed transaction was authorized by You or You may have acted fraudulently or with gross negligence, We may reverse any refund made and You will be liable for all losses We suffer in connection with the transaction including but not limited to the cost of any investigation carried out by us in relation to the transaction.
14.4. In certain circumstances, a transaction will be initiated but not fully completed. Where this happens, this may result in the value of the transaction being deducted from the Card balance and therefore unavailable for use – We refer to this as a “hanging authorization” or “block”. In these cases, You will need to contact Our Customer Service team in accordance with Condition 15 and present relevant evidence to show that the transaction has been cancelled or reversed.
14.5. In certain circumstances, We may refuse to complete a transaction that You have authorized. These circumstances include:
14.5.1. if We are concerned about the security of Your Card or We suspect Your Card is being used in a fraudulent or suspicious manner;
14.5.2. if tif there are not sufficient Available Funds to cover the transaction and all associated fees at the time that We receive notification of the transaction;
14.5.3. if there is an outstanding shortfall on the balance of Your Card;
14.5.4. if We have reasonable grounds to believe You are acting in breach of this Agreement; or
14.5.5. if there are errors, failures (mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing transactions.
14.6. Unless it would be unlawful for Us to do so, where We refuse to complete a transaction for You in accordance with Condition 14.5 above, We will notify You as soon as reasonably practicable, that it has been refused and the reasons why it has been refused, together where relevant, with the procedure for correcting any factual errors that led to the refusal. We may charge You each time We notify You that Your payment request has been refused.
14.7. You may claim a refund for a transaction that You authorized provided that:
14.7.1. Your authorization did not specify the exact amount when You consented to the transaction; and
14.7.2. the amount of the transaction has been exceeded the amount that You could reasonably have expected it to be (taking into account Your previous spending pattern on the Card, the Terms and Conditions and the circumstances of this case). Such a refund must be requested from Our Customer Services team within 8 weeks of the amount being deducted from the Card. We will as soon as practicable, and in any event no later than the end of the Business Day following the day on which We become aware of the unauthorized transaction, may require You to provide Us with evidence to substantiate Your claim. The refund any unauthorised transaction and any associated transaction fees and charges payable under this Agreement subject shall be equal to the rest of this clause 13 except in cases where We have a reasonable suspicion that You have acted fraudulently, or have authorised the transaction, in which case We will conduct an investigation as quickly as possible and notify You of the outcome. If the investigation shows that the transaction was indeed unauthorized, we will refund you as set out above in this clause 13.1.
13.2 If a transaction initiated by a retailer (for example, this happens when You use Your Card in a shop) has been incorrectly executed and We receive proof from the retailer’s payment service provider that We are liable for the incorrectly executed transaction, We will refund as appropriate and immediately the transaction and any associated transaction fees and charges payable under this Agreement. We are not liable for any incorrectly executed transactions if we can show that the payment was actually received by the retailer’s payment service provider, in which case they will be liable. [If a transaction initiated by You has been incorrectly executed, We will refund without undue delay the transaction and any associated transaction fees and charges payable under this Agreement except where any payment instructions You gave Us were incorrect, in which case We will make reasonable efforts to recover the funds but may charge You a reasonable fee to cover our administration costs, of which we will notify You in advance.]
13.3 [If You initiate a payment to someone in the EEA and it is received by them later than this Agreement stipulates (clause 4.4), You can notify Us so that We can ask the recipient’s payment service provider to correct the amount of the transaction. Any such refund will not be subject to any fees and charges on the account of the recipient (so that it is as if they received the payment on time and are not at a loss)fee.]
Appears in 2 contracts
Samples: Terms and Conditions for Prepaid Cards, Terms and Conditions for Prepaid Cards
TRANSACTION DISPUTES. 13.1 14.1 If You believe You did not authorise authorize a particular transaction or that a transaction was incorrectly carried out, in order to get a refund You must contact Our Customer Services team Team without undue delay - as soon as You notice the problem, and in any case no later than 4 weeks after the amount of the transaction has been deducted from the Card. We will as soon as practicable, and in any event no later than the end of the Business Day following the day on which We become aware of the unauthorized transaction, refund any unauthorised transaction and any associated transaction fees and charges payable under this Agreement subject /Account.
14.2 Subject to the rest of this clause 13 except 14, we will limit your liability for any losses incurred in cases where We have respect of unauthorized transactions arising from the use of a reasonable suspicion that You have acted fraudulentlylost or stolen Card, or have authorised the transactionmisappropriation of the Card’s details, except where:
14.2.1 The loss, theft or misappropriation of the Card was not detectable by You before the unauthorized transaction took place (unless you acted fraudulently or negligently, in which case We will conduct an investigation as quickly as possible and notify You of the outcome. If the investigation shows that the transaction was indeed unauthorized, we will refund you as set out above in this clause 13.1.
13.2 If a transaction initiated by a retailer (for example, this happens when You use Your Card in a shop) has been incorrectly executed and We receive proof from the retailer’s payment service provider that We are liable for all losses incurred in respect of the incorrectly executed unauthorized transaction), We will refund as appropriate and immediately the transaction and any associated transaction fees and charges payable under this Agreement. We or
14.2.2 The loss was caused by acts or omissions of one of our employees or agents, in which case You are not liable for any incorrectly executed transactions losses.
14.3 You will be liable for all losses incurred in respect of an unauthorized transaction if we can You:
14.3.1 have acted fraudulently; or
14.3.2 have intentionally or with gross negligence failed to:
14.3.2.1 look after and use Your Card in accordance with the Agreement; or
14.3.2.2 notify Us of the problem in accordance with clause 12.1.
14.4 Except where You have acted fraudulently or negligently, You will not be liable for any losses incurred in respect of an unauthorized transaction:
14.4.1 which arise after Your notification to Us;
14.4.2 where We have failed to provide You with the appropriate means of notification, as found in clause 12.1;
14.5 Depending on the circumstances, Our Customer Services Team may require You to complete a dispute declaration form. We may conduct an investigation either before or after any refund has been made. We will let You know as soon as possible the outcome of any such investigation. If Our investigations show that any disputed transaction was authorized by You or You may have acted fraudulently or with gross negligence, We may reverse any refund made and You will be liable for all losses We suffer in connection with the transaction including but not limited to the cost of any investigation carried out by Us in relation to the transaction. We will give You reasonable notice of any reverse refund.
14.6 In certain circumstances, a transaction will be initiated but not fully completed. Where this happens, this may result in the value of the transaction being deducted from the Card balance and therefore unavailable for use – We refer to this as a “hanging authorizations” or “hold”. In these cases, You will need to contact Our Customer Service team in accordance with clause 15 and present relevant evidence to show that the transaction has been cancelled or reversed.
14.7 In certain circumstances, We may without notice refuse to complete a transaction that You have authorized. These circumstances include:
14.7.1 if We have reasonable concerns about the security of Your Card or We suspect Your Card is being used in a fraudulent or unauthorized manner;
14.7.2 if there are not sufficient Available Funds to cover the transaction and all associated fees at the time that We receive notification of the transaction;
14.7.3 if there is an outstanding shortfall on the balance of Your Card;
14.7.4 if We have reasonable grounds to believe You are acting in breach of this Agreement;
14.7.5 if there are errors, failures (mechanical or otherwise) or refusals by retailers, payment was actually received processors or payment schemes processing transactions; or
14.7.6 if We are required to do so by law.
14.8 Unless it would be unlawful for Us to do so, where We refuse to complete a transaction for You in accordance with clause 14.9 above, We will notify You as soon as reasonably practicable of the retailer’s payment service providerrefusal and the reasons for the refusal, together, where relevant, with the procedure for correcting any factual errors that led to the refusal.
14.9 We may suspend Your Card, in which case they You will not be liableable to use it for any transactions, if We have reasonable concerns about the security of Your Card or We suspect Your Card is being used in a fraudulent or unauthorized manner. [If a transaction initiated by You has been incorrectly executed, We will refund without undue delay the transaction and any associated transaction fees and charges payable under this Agreement except where any payment instructions You gave Us were incorrect, in which case We will make reasonable efforts to recover the funds but may charge You a reasonable fee to cover our administration costs, of which we will notify You of any such suspension in advance, or immediately after if this is not possible, and of the reasons for the suspension unless to do so would compromise reasonable security measures or otherwise be unlawful. We will lift the suspension and, where appropriate, issue a new Card free of charge as soon as practicable once the reasons for the suspension cease to exist.]
13.3 [If 14.10 You initiate may claim a payment refund for a transaction that You authorized provided that: Your authorizations did not specify the exact amount when You consented to someone in the EEA and it is received transaction. Such a refund must be requested from Our Customer Services Team within 4 weeks of the amount being deducted from the Card. We may require You to provide Us with evidence to substantiate Your claim. Any refund or justification for refusing a refund will be provided within 15 Business Days of receiving Your refund request or, where applicable, within 15 Business Days of receiving any further evidence requested by them later than this Agreement stipulates (clause 4.4), You can notify Us so that We can ask the recipient’s payment service provider Us. Any refund shall be equal to correct the amount of any fees and charges on the account of the recipient (so that it is as if they received the payment on time and are not at a loss)transaction.]
Appears in 1 contract
TRANSACTION DISPUTES. 13.1 14.1 If You believe You did not authorise authorize a particular transaction par�cular transac�on or that a transaction transac�on was incorrectly carried out, in order to get a refund You must contact Our Customer Services team without undue delay - -as soon as You no�ce the problem. Depending on the circumstances, Our Customer Services team may require You to complete a dispute declara�on form and note that Fees may apply for any associated inves�ga�on.
14.2 We will refund any unauthorized transac�on immediately unless We have reason to believe that the incident may have been caused by a breach of the Agreement, through gross negligence or where We have reasonable grounds to suspect fraud. We shall not be held liable for a transac�on that has been incorrectly executed if You have failed to no�fy Us of a problem without undue delay – in those circumstances, You may be held liable.
14.3 If Our inves�ga�ons show that any disputed transac�on was authorized by You or You may have acted fraudulently or with gross negligence, We may reverse any refund made and You will be liable for all losses We suffer in connec�on with the transac�on including but not limited to the cost of any inves�ga�on carried out by us in rela�on to the transac�on.
14.4 In certain circumstances, a transac�on will be ini�ated but not fully completed. Where this happens, this may result in the value of the transac�on being deducted from the Card balance and therefore unavailable for use – We refer to this as a “hanging authoriza�on” or “block”. In these cases, You will need to contact Our Customer Service team in accordance with Condi�on 15 and present relevant evidence to show that the transac�on has been cancelled or reversed.
14.5 In certain circumstances, We may refuse to complete a transac�on that You have authorized. These circumstances include:
14.5.1 if We are concerned about the security of Your Card or We suspect Your Card is being used in a fraudulent or suspicious manner;
14.5.2 if there are not sufficient Available Funds to cover the transac�on and all associated fees at the �me that We receive no�fica�on of the transac�on;
14.5.3 if there is an outstanding shor�all on the balance of Your Card;
14.5.4 if We have reasonable grounds to believe You are ac�ng in breach of this Agreement; or
14.5.5 if there are errors, failures (mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing transac�ons.
14.6 Unless it would be unlawful for Us to do so, where We refuse to complete a transac�on for You in accordance with Condi�on 14.5 above, We will no�fy You as soon as reasonably prac�cable, that it has been refused and the reasons why it has been refused, together where relevant, with the procedure for correc�ng any factual errors that led to the refusal. We may charge You notice each �me We no�fy You that Your payment request has been refused.
14.7 You may claim a refund for a transac�on that You authorized provided that:
14.7.1 Your authoriza�on did not specify the problem, and in any case no later than 4 weeks after exact amount when You consented to the transac�on; and
14.7.2 the amount of the transaction has been transac�on exceeded the amount that You could reasonably have expected it to be (taking into account Your previous spending pa�ern on the Card, the Terms and Xxxxx�on s and the circumstances of this case). Such a refund must be requested from Our Customer Services team within 8 weeks of the amount being deducted from the Card. We will as soon as practicable, and in any event no later than the end of the Business Day following the day on which We become aware of the unauthorized transaction, may require You to provide Us with evidence to substan�ate Your claim. The refund any unauthorised transaction and any associated transaction fees and charges payable under this Agreement subject shall be equal to the rest of this clause 13 except in cases where We have a reasonable suspicion that You have acted fraudulently, or have authorised the transaction, in which case We will conduct an investigation as quickly as possible and notify You of the outcome. If the investigation shows that the transaction was indeed unauthorized, we will refund you as set out above in this clause 13.1.
13.2 If a transaction initiated by a retailer (for example, this happens when You use Your Card in a shop) has been incorrectly executed and We receive proof from the retailer’s payment service provider that We are liable for the incorrectly executed transaction, We will refund as appropriate and immediately the transaction and any associated transaction fees and charges payable under this Agreement. We are not liable for any incorrectly executed transactions if we can show that the payment was actually received by the retailer’s payment service provider, in which case they will be liable. [If a transaction initiated by You has been incorrectly executed, We will refund without undue delay the transaction and any associated transaction fees and charges payable under this Agreement except where any payment instructions You gave Us were incorrect, in which case We will make reasonable efforts to recover the funds but may charge You a reasonable fee to cover our administration costs, of which we will notify You in advance.]
13.3 [If You initiate a payment to someone in the EEA and it is received by them later than this Agreement stipulates (clause 4.4), You can notify Us so that We can ask the recipient’s payment service provider to correct the amount of the transac�on. Any such refund will not be subject to any fees and charges on the account of the recipient (so that it is as if they received the payment on time and are not at a loss)fee.]
Appears in 1 contract
Samples: Hob Card Terms & Conditions
TRANSACTION DISPUTES. 13.1 14.1 If You believe You did not authorise authorize a particular transaction or that a transaction was incorrectly carried out, in order to get a refund You must contact Our Customer Services team without undue delay - as -as soon as You notice the problem. Depending on the circumstances, Our Customer Services team may require You to complete a dispute declaration form, and note that an associated cost of 20 GBP/EUR/ USD depending on card currency will be applied anytime a dispute declaration form is required.
14.2 We will refund any unauthorized transaction immediately unless We have reason to believe that the incident may have been caused by a breach of the Agreement, through gross negligence or where We have reasonable grounds to suspect fraud. We shall not be held liable for a transaction that has been incorrectly executed if You have failed to notify Us of a problem without undue delay – in those circumstances, You may be held liable.
14.3 If Our investigations show that any case no later than 4 weeks after disputed transaction was authorized by You or You may have acted fraudulently or with gross negligence, We may reverse any refund made and You will be liable for all losses We suffer in connection with the transaction including but not limited to the cost of any investigation carried out by us in relation to the transaction.
14.4 In certain circumstances, a transaction will be initiated but not fully completed. Where this happens, this may result in the value of the transaction being deducted from the Card balance and therefore unavailable for use – We refer to this as a “hanging authorization” or “block”. In these cases, You will need to contact Our Customer Service team in accordance with Condition 15 and present relevant evidence to show that the transaction has been cancelled or reversed.
14.5 In certain circumstances, We may refuse to complete a transaction that You have authorized. These circumstances include:
14.5.1 if We are concerned about the security of Your Card or We suspect Your Card is being used in a fraudulent or suspicious manner;
14.5.2 if tif there are not sufficient Available Funds to cover the transaction and all associated fees at the time that We receive notification of the transaction;
14.5.3 if there is an outstanding shortfall on the balance of Your Card;
14.5.4 if We have reasonable grounds to believe You are acting in breach of this Agreement; or
14.5.5 if there are errors, failures (mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing transactions.
14.6 Unless it would be unlawful for Us to do so, where We refuse to complete a transaction for You in accordance with Condition 14.5 above, We will notify You as soon as reasonably practicable, that it has been refused and the reasons why it has been refused, together where relevant, with the procedure for correcting any factual errors that led to the refusal. We may charge You each time We notify You that Your payment request has been refused.
14.7 You may claim a refund for a transaction that You authorized provided that:
14.7.1 Your authorization did not specify the exact amount when You consented to the transaction; and
14.7.2 the amount of the transaction has been exceeded the amount that You could reasonably have expected it to be (taking into account Your previous spending pattern on the Card, the Terms and Conditions and the circumstances of this case). Such a refund must be requested from Our Customer Services team within 8 weeks of the amount being deducted from the Card. We will as soon as practicable, and in any event no later than the end of the Business Day following the day on which We become aware of the unauthorized transaction, may require You to provide Us with evidence to substantiate Your claim. The refund any unauthorised transaction and any associated transaction fees and charges payable under this Agreement subject shall be equal to the rest of this clause 13 except in cases where We have a reasonable suspicion that You have acted fraudulently, or have authorised the transaction, in which case We will conduct an investigation as quickly as possible and notify You of the outcome. If the investigation shows that the transaction was indeed unauthorized, we will refund you as set out above in this clause 13.1.
13.2 If a transaction initiated by a retailer (for example, this happens when You use Your Card in a shop) has been incorrectly executed and We receive proof from the retailer’s payment service provider that We are liable for the incorrectly executed transaction, We will refund as appropriate and immediately the transaction and any associated transaction fees and charges payable under this Agreement. We are not liable for any incorrectly executed transactions if we can show that the payment was actually received by the retailer’s payment service provider, in which case they will be liable. [If a transaction initiated by You has been incorrectly executed, We will refund without undue delay the transaction and any associated transaction fees and charges payable under this Agreement except where any payment instructions You gave Us were incorrect, in which case We will make reasonable efforts to recover the funds but may charge You a reasonable fee to cover our administration costs, of which we will notify You in advance.]
13.3 [If You initiate a payment to someone in the EEA and it is received by them later than this Agreement stipulates (clause 4.4), You can notify Us so that We can ask the recipient’s payment service provider to correct the amount of the transaction. Any such refund will not be subject to any fees and charges on the account of the recipient (so that it is as if they received the payment on time and are not at a loss)fee.]
Appears in 1 contract
Samples: Terms and Conditions
TRANSACTION DISPUTES. 13.1 14.1 If You believe You did not authorise a particular transaction or that a transaction was incorrectly carried out, in order to get a refund You must contact Our Customer Services team without undue delay - as soon as You notice the problem. Depending on the circumstances, Our Customer Services team may require You to complete a dispute declaration form.
14.2 We will refund any unauthorised or incorrectly executed transaction immediately unless We have reason to believe that the incident may have been caused by a breach of the Agreement, through gross negligence or where We have reasonable grounds to suspect fraud. We shall not be held liable for a transaction that has been incorrectly executed if You have failed to notify Us of a problem without undue delay – in those circumstances, You may be held liable.
14.3 If Our investigations show that any disputed transaction was authorised by You or You may have acted fraudulently or with gross negligence, We may reverse any refund made and You will be liable for all losses We suffer in connection with the transaction including but not limited to the cost of any case no later than 4 weeks after investigation carried out by Us in relation to the transaction.
14.4 In certain circumstances, a transaction will be initiated but not fully completed. Where this happens, this may result in the value of the transaction being deducted from the Card balance and therefore unavailable for use – We refer to this as a “hanging authorisation” or “block”. In these cases, You will need to contact Our Customer Service team in accordance with Condition 15 and present relevant evidence to show that the transaction has been cancelled or reversed.
14.5 In certain circumstances, We may refuse to complete a transaction that You have authorised. These circumstances include:
14.5.1 if We are concerned about the security of Your Card or We suspect Your Card is being used in a fraudulent or suspicious manner;
14.5.2 if there are not sufficient Available Funds to cover the transaction and all associated fees at the time that We receive notification of the transaction;
14.5.3 if there is an outstanding shortfall on the balance of Your Card;
14.5.4 if We have reasonable grounds to believe You are acting in breach of this Agreement; or
14.5.5 if there are errors, failures (mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing transactions.
14.6 Unless it would be unlawful for Us to do so, where We refuse to complete a transaction for You in accordance with Condition 14.5 above, We will notify You as soon as reasonably practicable, that it has been refused and the reasons why it has been refused, together where relevant, with the procedure for correcting any factual errors that led to the refusal. We may charge You each time We notify You that Your payment request has been refused.
14.7 You may claim a refund for a transaction that You authorised provided that:
14.7.1 Your authorisation did not specify the exact amount when You consented to the transaction; and
14.7.2 The amount of the transaction has been exceeded the amount that You could reasonably have expected it to be (taking into account Your previous spending pattern on the Card, the Terms and Conditions and the circumstances of this case). Such a refund must be requested from Our Customer Services team within 8 weeks of the amount being deducted from the Card. We will as soon as practicable, and in any event no later than may require You to provide Us with evidence to substantiate Your claim. The refund shall be equal to the end amount of the Business Day following the day on which We become aware of the unauthorized transaction, . Any such refund any unauthorised transaction and any associated transaction fees and charges payable under this Agreement will not be subject to the rest of this clause 13 except in cases where We have a reasonable suspicion that You have acted fraudulently, or have authorised the transaction, in which case We will conduct an investigation as quickly as possible and notify You of the outcome. If the investigation shows that the transaction was indeed unauthorized, we will refund you as set out above in this clause 13.1any fee.
13.2 If a transaction initiated by a retailer (for example, this happens when You use Your Card in a shop) has been incorrectly executed and We receive proof from the retailer’s payment service provider that We are liable for the incorrectly executed transaction, We will refund as appropriate and immediately the transaction and any associated transaction fees and charges payable under this Agreement. 14.8 We are not liable responsible for the safety, legality, quality or any incorrectly executed transactions if we can show that the payment was actually received by the retailer’s payment service provider, in which case they will be liable. [If a transaction initiated by You has been incorrectly executed, We will refund without undue delay the transaction and any associated transaction fees and charges payable under this Agreement except where any payment instructions You gave Us were incorrect, in which case We will make reasonable efforts to recover the funds but may charge You a reasonable fee to cover our administration costs, of which we will notify You in advance.]
13.3 [If You initiate a payment to someone in the EEA and it is received by them later than this Agreement stipulates (clause 4.4), You can notify Us so that We can ask the recipient’s payment service provider to correct the amount of any fees and charges on the account other aspect of the recipient (so that it is as if they received goods and services purchased with the payment on time and are not at a loss)Card.]
Appears in 1 contract
Samples: Terms and Conditions
TRANSACTION DISPUTES. 13.1 14.1 If You believe You did not authorise a particular transaction or that a transaction was incorrectly carried out, in order to get a refund You you must contact Our Customer Services team without undue delay - as soon as You notice the problem. Depending on the circumstances, Our Customer Services team may require You to complete a dispute declaration form.
14.2 We will refund any unauthorised or incorrectly executed transaction immediately unless We have reason to believe that the incident may have been caused by a breach of the Agreement, through gross negligence or where We have reasonable grounds to suspect fraud. We shall not be held liable for a transaction that has been incorrectly executed if You have failed to notify Us of a problem without undue delay – in those circumstances, you may be held liable.
14.3 If Our investigations show that any disputed transaction was authorised by You or You may have acted fraudulently or with gross negligence, We may reverse any refund made and You will be liable for all losses We suffer in connection with the transaction including but not limited to the cost of any case no later than 4 weeks after investigation carried out by Us in relation to the transaction.
14.4 In certain circumstances, a transaction will be initiated but not fully completed. Where this happens, this may result in the value of the transaction being deducted from the Card balance and therefore unavailable for use – We refer to this as a “hanging authorisation” or “block”. In these cases, you will need to contact Our Customer Service team in accordance with Condition 15 and present relevant evidence to show that the transaction has been cancelled or reversed.
14.5 In certain circumstances, we may refuse to complete a transaction that You have authorised. These circumstances include:
14.5.1 if We are concerned about the security of Your Card or We suspect Your Card is being used in a fraudulent or suspicious manner;
14.5.2 if there are not sufficient Available Funds to cover the transaction and all associated fees at the time that We receive notification of the transaction;
14.5.3 if there is an outstanding shortfall on the balance of Your Card;
14.5.4 if We have reasonable grounds to believe You are acting in breach of this Agreement; or
14.5.5 if there are errors, failures (mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing transactions.
14.6 Unless it would be unlawful for Us to do so, where We refuse to complete a transaction for You in accordance with Condition 14.5 above, We will notify You as soon as reasonably practicable, that it has been refused and the reasons why it has been refused, together where relevant, with the procedure for correcting any factual errors that led to the refusal. We may charge You each time We notify You that Your payment request has been refused.
14.7 You may claim a refund for a transaction that You authorised provided that:
14.7.1 Your authorisation did not specify the exact amount when You consented to the transaction; and
14.7.2 the amount of the transaction has been exceeded the amount that You could reasonably have expected it to be (taking into account Your previous spending pattern on the Card, the Terms and Conditions and the circumstances of this case). Such a refund must be requested from Our Customer Services team within 8 weeks of the amount being deducted from the Card. We will as soon as practicable, and in any event no later than the end of the Business Day following the day on which We become aware of the unauthorized transaction, may require You to provide Us with evidence to substantiate Your claim. The refund any unauthorised transaction and any associated transaction fees and charges payable under this Agreement subject shall be equal to the rest of this clause 13 except in cases where We have a reasonable suspicion that You have acted fraudulently, or have authorised the transaction, in which case We will conduct an investigation as quickly as possible and notify You of the outcome. If the investigation shows that the transaction was indeed unauthorized, we will refund you as set out above in this clause 13.1.
13.2 If a transaction initiated by a retailer (for example, this happens when You use Your Card in a shop) has been incorrectly executed and We receive proof from the retailer’s payment service provider that We are liable for the incorrectly executed transaction, We will refund as appropriate and immediately the transaction and any associated transaction fees and charges payable under this Agreement. We are not liable for any incorrectly executed transactions if we can show that the payment was actually received by the retailer’s payment service provider, in which case they will be liable. [If a transaction initiated by You has been incorrectly executed, We will refund without undue delay the transaction and any associated transaction fees and charges payable under this Agreement except where any payment instructions You gave Us were incorrect, in which case We will make reasonable efforts to recover the funds but may charge You a reasonable fee to cover our administration costs, of which we will notify You in advance.]
13.3 [If You initiate a payment to someone in the EEA and it is received by them later than this Agreement stipulates (clause 4.4), You can notify Us so that We can ask the recipient’s payment service provider to correct the amount of the transaction. Any such refund will not be subject to any fees and charges on the account of the recipient (so that it is as if they received the payment on time and are not at a loss)fee.]
Appears in 1 contract
Samples: Terms and Conditions
TRANSACTION DISPUTES. 13.1 14.1 If You believe You did not authorise authorize a particular transaction or that a transaction was incorrectly carried out, in order to get a refund You must contact Our Customer Services team without undue delay - as -as soon as You notice the problem. Depending on the circumstances, Our Customer Services team may require You to complete a dispute declaration form, and note that an associated cost of 20 GBP/EUR/USD depending on card currency will be applied anytime a dispute declaration form is required.
14.2 We will refund any unauthorized transaction immediately unless We have reason to believe that the incident may have been caused by a breach of the Agreement, through gross negligence or where We have reasonable grounds to suspect fraud. We shall not be held liable for a transaction that has been incorrectly executed if You have failed to notify Us of a problem without undue delay – in those circumstances, You may be held liable.
14.3 If Our investigations show that any case no later than 4 weeks after disputed transaction was authorized by You or You may have acted fraudulently or with gross negligence, We may reverse any refund made and You will be liable for all losses We suffer in connection with the transaction including but not limited to the cost of any investigation carried out by us in relation to the transaction.
14.4 In certain circumstances, a transaction will be initiated but not fully completed. Where this happens, this may result in the value of the transaction being deducted from the Card balance and therefore unavailable for use – We refer to this as a “hanging authorization” or “block”. In these cases, You will need to contact Our Customer Service team in accordance with Condition 15 and present relevant evidence to show that the transaction has been cancelled or reversed.
14.5 In certain circumstances, We may refuse to complete a transaction that You have authorized. These circumstances include:
14.5.1 if We are concerned about the security of Your Card or We suspect Your Card is being used in a fraudulent or suspicious manner;
14.5.2 if tif there are not sufficient Available Funds to cover the transaction and all associated fees at the time that We receive notification of the transaction;
14.5.3 if there is an outstanding shortfall on the balance of Your Card;
14.5.4 if We have reasonable grounds to believe You are acting in breach of this Agreement; or
14.5.5 if there are errors, failures (mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing transactions.
14.6 Unless it would be unlawful for Us to do so, where We refuse to complete a transaction for You in accordance with Condition 14.5 above, We will notify You as soon as reasonably practicable, that it has been refused and the reasons why it has been refused, together where relevant, with the procedure for correcting any factual errors that led to the refusal. We may charge You each time We notify You that Your payment request has been refused.
14.7 You may claim a refund for a transaction that You authorized provided that:
14.7.1 Your authorization did not specify the exact amount when You consented to the transaction; and
14.7.2 the amount of the transaction has been exceeded the amount that You could reasonably have expected it to be (taking into account Your previous spending pattern on the Card, the Terms and Conditions and the circumstances of this case). Such a refund must be requested from Our Customer Services team within 8 weeks of the amount being deducted from the Card. We will as soon as practicable, and in any event no later than the end of the Business Day following the day on which We become aware of the unauthorized transaction, may require You to provide Us with evidence to substantiate Your claim. The refund any unauthorised transaction and any associated transaction fees and charges payable under this Agreement subject shall be equal to the rest of this clause 13 except in cases where We have a reasonable suspicion that You have acted fraudulently, or have authorised the transaction, in which case We will conduct an investigation as quickly as possible and notify You of the outcome. If the investigation shows that the transaction was indeed unauthorized, we will refund you as set out above in this clause 13.1.
13.2 If a transaction initiated by a retailer (for example, this happens when You use Your Card in a shop) has been incorrectly executed and We receive proof from the retailer’s payment service provider that We are liable for the incorrectly executed transaction, We will refund as appropriate and immediately the transaction and any associated transaction fees and charges payable under this Agreement. We are not liable for any incorrectly executed transactions if we can show that the payment was actually received by the retailer’s payment service provider, in which case they will be liable. [If a transaction initiated by You has been incorrectly executed, We will refund without undue delay the transaction and any associated transaction fees and charges payable under this Agreement except where any payment instructions You gave Us were incorrect, in which case We will make reasonable efforts to recover the funds but may charge You a reasonable fee to cover our administration costs, of which we will notify You in advance.]
13.3 [If You initiate a payment to someone in the EEA and it is received by them later than this Agreement stipulates (clause 4.4), You can notify Us so that We can ask the recipient’s payment service provider to correct the amount of the transaction. Any such refund will not be subject to any fees and charges on the account of the recipient (so that it is as if they received the payment on time and are not at a loss)fee.]
Appears in 1 contract
Samples: Terms and Conditions
TRANSACTION DISPUTES. 13.1 14.1 If You believe You did not authorise a particular transaction or that a transaction was incorrectly carried out, in order to get a refund You must contact Our Customer Services team without undue delay - as soon as You notice the problem, and in any case no later than 4 weeks after the amount of the transaction has been deducted from the Card. We will as soon as practicable, and in any event no later than the end of the Business Day following the day on which We become aware of the unauthorized transaction, refund any unauthorised transaction and any associated transaction fees and charges payable under this Agreement subject to the rest of this clause 13 except in cases where We have a reasonable suspicion that You have acted fraudulently, or have authorised the transaction, in which case We will conduct an investigation as quickly as possible and notify You of the outcome. If the investigation shows that the transaction was indeed unauthorized, we will refund you as set out above in this clause 13.115.1.
13.2 14.2 If a transaction initiated by a retailer (for example, this happens when You use Your Card in a shop) has been incorrectly executed and We receive proof from the retailer’s payment service provider that We are liable for the incorrectly executed transaction, We will refund as appropriate and immediately the transaction and any associated transaction fees and charges payable under this Agreement. We are not liable for any incorrectly executed transactions if we can show that the payment was actually received by the retailer’s payment service provider, in which case they will be liable. [If a transaction initiated by You has been incorrectly executed, We will refund without undue delay the transaction and any associated transaction fees and charges payable under this Agreement except where any payment instructions You gave Us were incorrect, in which case We will make reasonable efforts to recover the funds but may charge You a reasonable fee to cover our administration costs, of which we will notify You in advance.]
13.3 [14.3 If You initiate a payment to someone in the EEA and it is received by them later than this Agreement stipulates (clause 4.4)stipulates, You can notify Us so that We can ask the recipient’s payment service provider to correct the amount of any fees and charges on the account of the recipient (so that it is as if they received the payment on time and are not at a loss).]
g. a refund from a retailer’s payment institution) via Us, We will credit Your Account with the relevant amount of any associated fees and charges so that you will not be at a loss.
14.4 Subject to the rest of this clause 14, we will limit your liability for any losses incurred in respect of unauthorised transactions arising from the use of a lost or stolen Card, or the misappropriation of the Card’s details, except where:
13.1.1 The loss, theft or misappropriation of the Card was not detectable by You before the unauthorised transaction took place (unless you acted fraudulently or negligently, in which case You are liable for all losses incurred in respect of the unauthorised transaction), or
13.1.2 The loss was caused by acts or omissions of one of our employees or agents, in which case You are not liable for any losses.
14.5 You will be liable for all losses incurred in respect of an unauthorised transaction if You:
14.5.1 have acted fraudulently; or
14.5.2 have intentionally or with gross negligence failed to:
14.5.2.1 look after and use Your Card in accordance with the Agreement; or
14.5.2.2 notify Us of the problem in accordance with clause 12.1.
14.6 Except where You have acted fraudulently or negligently, You will not be liable for any losses incurred in respect of an unauthorised transaction:
14.6.1 which arise after Your notification to Us;
14.6.2 where the Card has been used in connection with a distance contract, for example, for an online purchase;
14.6.3 where We have failed to provide You with the appropriate means of notification, as found in clause 12.1;
14.7 Depending on the circumstances, Our Customer Services team may require You to complete a dispute declaration form. We may conduct an investigation either before or after any refund has been made. We will let You know as soon as possible the outcome of any such investigation. If Our investigations show that any disputed transaction was authorised by You or You may have acted fraudulently or with gross negligence, We may reverse any refund made and You will be liable for all losses We suffer in connection with the transaction including but not limited to the cost of any investigation carried out by Us in relation to the transaction. We will give You reasonable notice of any reverse refund.
14.8 In certain circumstances, a transaction will be initiated but not fully completed. Where this happens, this may result in the value of the transaction being deducted from the Card balance and therefore unavailable for use – We refer to this as a “hanging authorisation” or “block”. In these cases, You will need to contact Our Customer Service team in accordance with clause 15 and present relevant evidence to show that the transaction has been cancelled or reversed.
14.9 In certain circumstances, We may without notice refuse to complete a transaction that You have authorised. These circumstances include:
14.9.1 if We have reasonable concerns about the security of Your Card or We suspect Your Card is being used in a fraudulent or unauthorised manner;
14.9.2 if there are not sufficient Available Funds to cover the transaction and all associated fees at the time that We receive notification of the transaction;
14.9.3 if there is an outstanding shortfall on the balance of Your Card;
14.9.4 if We have reasonable grounds to believe You are acting in breach of this Agreement;
14.9.5 if there are errors, failures (mechanical or otherwise) or refusals by retailers, payment processors or payment schemes processing transactions; or
14.9.6 if We are required to do so by law.
14.10 Unless it would be unlawful for Us to do so, where We refuse to complete a transaction for You in accordance with clause 14.9 above, We will notify You as soon as reasonably practicable of the refusal and the reasons for the refusal, together, where relevant, with the procedure for correcting any factual errors that led to the refusal.
14.11 We may suspend Your Card, in which case You will not be able to use it for any transactions, if We have reasonable concerns about the security of Your Card or We suspect Your Card is being used in a fraudulent or unauthorised manner. We will notify You of any such suspension in advance, or immediately after if this is not possible, and of the reasons for the suspension unless to do so would compromise reasonable security measures or otherwise be unlawful. We will lift the suspension and, where appropriate, issue a new Card free of charge as soon as practicable once the reasons for the suspension cease to exist.
14.12 This clause applies when you use AISP or PISP services. We may deny an AISP or PISP access to Your Account connected to Your Card for reasonably justified and duly evidenced reasons relating to unauthorised or fraudulent access to Your Account by that AISP or PISP, including the unauthorised or fraudulent initiation of a transaction. If We do deny access in this way, We will notify You of the denial and the reason for the denial in advance if possible, or immediately after the denial of access, unless to do so would compromise reasonably justified security reasons or is unlawful. We will allow AISP or PISP access to Your Account once the reasons for denying access no longer apply.
14.13 You may claim a refund for a transaction that You authorised provided that:
14.13.1 Your authorisation did not specify the exact amount when You consented to the transaction. Such a refund must be requested from Our Customer Services team within 8 weeks of the amount being deducted from the Card. We may require You to provide Us with evidence to substantiate Your claim. Any refund or justification for refusing a refund will be provided within 10 Business Days of receiving Your refund request or, where applicable, within 10 Business Days of receiving any further evidence requested by Us. Any refund shall be equal to the amount of the transaction. Any such refund will not be subject to any fee.
Appears in 1 contract
Samples: General Terms and Conditions
TRANSACTION DISPUTES. 13.1 24.1. If You believe You did not authorise a particular transaction or that a transaction was incorrectly carried outexecuted, in order to get obtain a refund You must contact Our Customer Services team Service Department without undue delay - in accordance with Clause 27 – as soon as You notice the problemissue, and in any case no later than 4 weeks 13 months after the amount of the transaction has been deducted from the Cardcard. We will will, as soon as practicableis reasonably practicable and together with Currencycloud and/or TPL (subject to which kind of transactions involved), and in any event reimburse (no later than the end close of business on the Business Day day following the day on which We become date that we became aware of the unauthorized unauthorised transaction, refund ) any unauthorised transaction transactions and any associated related transaction fees and charges payable due under this Agreement Agreement, subject to the remainder of this Clause 24, unless We maintain a concrete, circumstantial suspicion of fraudulent conduct on Your part. In such a case, We will initiate an investigation as soon as is practically possible and inform You of the result. If this investigation shows that the transaction in question was indeed unauthorised and was not fraudulent, grossly negligent or intentional on Your part, we will process a refund in accordance with this Clause 24.1. Otherwise 24.3 shall apply.
24.2. Subject to the remainder of this Clause 24, we limit Your liability for any damages arising from unauthorised transactions to £35 or Euro equivalent.
24.3. In the following cases, You will be liable for all losses incurred in relation to an unauthorised transaction, provided that we are not at fault:
24.3.1. You have demonstrably acted fraudulently; or
24.3.2. You bear demonstrable responsibility for intentional or gross negligence.
24.4. Subject to the rest of this clause 13 24, we will limit Your liability to £35 or Euro equivalent for any losses incurred in respect of unauthorised transactions arising from the use of a lost or stolen Card, or the misappropriation of the Card’s details, except where:
24.4.1. the loss, theft or misappropriation of the Card was not detectable by You before the unauthorised transaction took place (unless You acted fraudulently, in cases which case You are liable for all losses incurred in respect of the unauthorised transaction), or
24.4.2. the loss was caused by acts or omissions of one of Our employees or agents, in which case You are not liable for any losses.
24.5. If our investigations reveal that a disputed transaction has been authorised by You or that You have been found to have acted fraudulently or with gross negligence, we may reverse any refunds made to You and You shall be liable for all damages incurred by us in connection with the transaction, including, but not limited to, the cost of any investigation conducted by us in connection with the transaction. We will offer You reasonable notice of any reverse refunds as soon as is practicable.
24.6. Under certain circumstances, a transaction will be initiated (but not fully executed). This may result in the value of the transaction being deducted from the balance on Your card and will therefore no longer be available for use – We refer to this as “pending authorisation” or “blocking”. In such cases, You must inform Our Customer Service Department in accordance with Clause 27, describing the facts of the case. We will then investigate with the relevant third parties and will ensure Your balance is adjusted in accordance with the applicable legal requirements.
24.7. Except where We have a reasonable suspicion that You have acted fraudulently, You will not be liable for any losses incurred in respect of an unauthorised transaction:
24.7.1. which arise after Your notification to Us;
24.7.2. where We have failed to provide You with the appropriate means of notification, as found in clause 22.1.
24.8. Under certain circumstances, We may be required to refuse to complete a transaction authorised by You. These circumstances include the following cases:
24.8.1. We have grounds for reasonable suspicion regarding the security of Your card (PIN disclosed, card lost/stolen) or have authorised We maintain a concrete, circumstantial suspicion that Your card is being used in a fraudulent or unauthorised manner;
24.8.2. there are not sufficient Available Funds to cover the transaction and all associated fees at the time that We receive notification of the transaction;
24.8.3. there is an outstanding shortfall on the balance of Your Card;
24.8.4. if We maintain a concrete, in which case We will conduct an investigation as quickly as possible and notify circumstantial suspicion that You are acting contrary to this Agreement;
24.8.5. there are errors, failures (mechanical or otherwise) or refusals by retailers, payment processors or payment schemes processing transactions;
24.8.6. a transaction might take you over any of your card limits;
24.8.7. we reasonably believe that we need to do so to keep to the rules of the outcomepayment system under which your card is issued;
24.8.8. we reasonably believe that it is necessary to do so to comply with any law or as a matter of good practice; or
24.8.9. We are required to do so by law.
24.9. Unless we are violating any laws, we will inform you, as soon as practically possible, of the rejection and the reasons for the rejection in cases where we refuse to conclude a transaction in accordance with clause 24.7 and together with you if necessary tell you what to do to correct any factual errors that have resulted in the denial.
24.10. If we have reasonable suspicions regarding the investigation shows security of your card (PIN disclosed, card lost / stolen) or if there is a specific suspicion that the transaction was indeed your card is being used fraudulently or unauthorized, we can temporarily block your card. We will refund inform you in advance of such a temporary block and the reasons for this, or, if this is not possible, as set out above in soon as practically possible afterwards, unless this clause 13.1.
13.2 If would endanger adequate security measures or would otherwise be illegal. We will lift the temporary block as soon as practicable or, if necessary, issue a transaction initiated by a retailer (for example, this happens when You use Your Card in a shop) has been incorrectly executed and We receive proof from new card free of charge as soon as the retailer’s payment service provider that We are liable reasons for the incorrectly executed transaction, We will refund as appropriate and immediately the transaction and any associated transaction fees and charges payable under this Agreement. We are not liable for any incorrectly executed transactions if we can show that the payment was actually received by the retailer’s payment service provider, in which case they will be liable. [If a transaction initiated by You has been incorrectly executed, We will refund without undue delay the transaction and any associated transaction fees and charges payable under this Agreement except where any payment instructions You gave Us were incorrect, in which case We will make reasonable efforts to recover the funds but may charge You a reasonable fee to cover our administration costs, of which we will notify You in advancetemporary block no longer exist.]
13.3 [If You initiate a payment to someone in the EEA and it is received by them later than this Agreement stipulates (clause 4.4), You can notify Us so that We can ask the recipient’s payment service provider to correct the amount of any fees and charges on the account of the recipient (so that it is as if they received the payment on time and are not at a loss).]
Appears in 1 contract
Samples: General Services Agreement
TRANSACTION DISPUTES. 13.1 24.1. If You believe You did not authorise a particular transaction or that a transaction was incorrectly carried outexecuted, in order to get obtain a refund You must contact Our Customer Services team Service Department without undue delay - in accordance with Clause 27 – as soon as You notice the problemissue, and in any case no later than 4 weeks 13 months after the amount of the transaction has been deducted from the Cardcard. We will will, as soon as practicableis reasonably practicable and together with NIUM, and in any event reimburse (no later than the end close of business on the Business Day day following the day on which We become date that we became aware of the unauthorized unauthorised transaction, refund ) any unauthorised transaction transactions and any associated related transaction fees and charges payable due under this Agreement Agreement, subject to the remainder of this Clause 24, unless We maintain a concrete, circumstantial suspicion of fraudulent conduct on Your part. In such a case, We will initiate an investigation as soon as is practically possible and inform You of the result. If this investigation shows that the transaction in question was indeed unauthorised and was not fraudulent, grossly negligent or intentional on Your part, we will process a refund in accordance with this Clause 24.1. Otherwise 24.3 shall apply.
24.2. Subject to the remainder of this Clause 24, we limit Your liability for any damages arising from unauthorised transactions to £35 or Euro equivalent.
24.3. In the following cases, You will be liable for all losses incurred in relation to an unauthorised transaction, provided that we are not at fault:
24.3.1. You have demonstrably acted fraudulently; or
24.3.2. You bear demonstrable responsibility for intentional or gross negligence.
24.4. Subject to the rest of this clause 13 24, we will limit Your liability to £35 or Euro equivalent for any losses incurred in respect of unauthorised transactions arising from the use of a lost or stolen Card, or the misappropriation of the Card’s details, except where:
24.4.1. the loss, theft or misappropriation of the Card was not detectable by You before the unauthorised transaction took place (unless You acted fraudulently, in cases which case You are liable for all losses incurred in respect of the unauthorised transaction), or
24.4.2. the loss was caused by acts or omissions of one of Our employees or agents, in which case You are not liable for any losses.
24.5. If our investigations reveal that a disputed transaction has been authorised by You or that You have been found to have acted fraudulently or with gross negligence, we may reverse any refunds made to You and You shall be liable for all damages incurred by us in connection with the transaction, including, but not limited to, the cost of any investigation conducted by us in connection with the transaction. We will offer You reasonable notice of any reverse refunds as soon as is practicable.
24.6. Under certain circumstances, a transaction will be initiated (but not fully executed). This may result in the value of the transaction being deducted from the balance on Your card and will therefore no longer be available for use – We refer to this as “pending authorisation” or “blocking”. In such cases, You must inform Our Customer Service Department in accordance with Clause 27, describing the facts of the case. We will then investigate with the relevant third parties and will ensure Your balance is adjusted in accordance with the applicable legal requirements.
24.7. Except where We have a reasonable suspicion that You have acted fraudulently, You will not be liable for any losses incurred in respect of an unauthorised transaction:
24.7.1. which arise after Your notification to Us;
24.7.2. where We have failed to provide You with the appropriate means of notification, as found in clause 22.1.
24.8. Under certain circumstances, We may be required to refuse to complete a transaction authorised by You. These circumstances include the following cases:
24.8.1. We have grounds for reasonable suspicion regarding the security of Your card (PIN disclosed, card lost/stolen) or have authorised We maintain a concrete, circumstantial suspicion that Your card is being used in a fraudulent or unauthorised manner;
24.8.2. there are not sufficient Available Funds to cover the transaction and all associated fees at the time that We receive notification of the transaction;
24.8.3. there is an outstanding shortfall on the balance of Your Card;
24.8.4. if We maintain a concrete, in which case We will conduct an investigation as quickly as possible and notify circumstantial suspicion that You are acting contrary to this Agreement;
24.8.5. there are errors, failures (mechanical or otherwise) or refusals by retailers, payment processors or payment schemes processing transactions;
24.8.6. a transaction might take you over any of your card limits;
24.8.7. we reasonably believe that we need to do so to keep to the rules of the outcomepayment system under which your card is issued;
24.8.8. we reasonably believe that it is necessary to do so to comply with any law or as a matter of good practice; or
24.8.9. We are required to do so by law.
24.9. Unless we are violating any laws, we will inform you, as soon as practically possible, of the rejection and the reasons for the rejection in cases where we refuse to conclude a transaction in accordance with clause 24.7 and together with you if necessary tell you what to do to correct any factual errors that have resulted in the denial.
24.10. If we have reasonable suspicions regarding the investigation shows security of your card (PIN disclosed, card lost / stolen) or if there is a specific suspicion that the transaction was indeed your card is being used fraudulently or unauthorized, we can temporarily block your card. We will refund inform you in advance of such a temporary block and the reasons for this, or, if this is not possible, as set out above in soon as practically possible afterwards, unless this clause 13.1.
13.2 If would endanger adequate security measures or would otherwise be illegal. We will lift the temporary block as soon as practicable or, if necessary, issue a transaction initiated by a retailer (for example, this happens when You use Your Card in a shop) has been incorrectly executed and We receive proof from new card free of charge as soon as the retailer’s payment service provider that We are liable reasons for the incorrectly executed transaction, We will refund as appropriate and immediately the transaction and any associated transaction fees and charges payable under this Agreement. We are not liable for any incorrectly executed transactions if we can show that the payment was actually received by the retailer’s payment service provider, in which case they will be liable. [If a transaction initiated by You has been incorrectly executed, We will refund without undue delay the transaction and any associated transaction fees and charges payable under this Agreement except where any payment instructions You gave Us were incorrect, in which case We will make reasonable efforts to recover the funds but may charge You a reasonable fee to cover our administration costs, of which we will notify You in advancetemporary block no longer exist.]
13.3 [If You initiate a payment to someone in the EEA and it is received by them later than this Agreement stipulates (clause 4.4), You can notify Us so that We can ask the recipient’s payment service provider to correct the amount of any fees and charges on the account of the recipient (so that it is as if they received the payment on time and are not at a loss).]
Appears in 1 contract
Samples: General Services Agreement
TRANSACTION DISPUTES. 13.1 24.1 If You you believe You did that any Transaction was not authorise a particular transaction authorised by you or that a transaction was incorrectly carried out, in order executed by us then you must notify us by using the secure internal communication system on our Website or by email to get a refund You must contact Our Customer Services team xxxxxx@xxxxxx.xxx without undue delay - as soon as you become aware of it, but not later than 13 months ) after the date of the unauthorised or incorrectly executed Transaction or when you became aware of such unauthorised or incorrectly executed Transaction.
24.2 You notice must pay for all losses resulting from an unauthorised Transaction where you have (a) acted fraudulently; or (b) with intent or gross negligence (c) failed to safeguard the problemAccount Access Details; (d) failed to comply with these GTC regarding the use of the Services; and/or (e) did not notify us without delay in the way required in paragraphs 22.3 and 24.1, when you became aware the Account Access Details were lost, stolen or used without your authorisation.
24.3 Provided that (a) you have notified us as required by paragraphs 22.3 and 24.1; (b) we cannot show that the Transaction was authorised by you, and in any case no later than 4 weeks after (c) paragraph 24.2 does not apply then we will refund the amount of the transaction has been deducted from unauthorised Transaction to your Account. Unless we have reasonable grounds to suspect fraudulent behavior, we will make the Card. We will refund as soon as practicable, and in any event no later than the end of the Business Day following the day on which We become we became aware of the unauthorized transaction, refund unauthorised Transaction.
24.4 You must pay up to a maximum amount of 50 Euro for any losses we suffer from an unauthorised transaction and any associated transaction fees and charges payable under this Agreement subject Transaction due to the rest use of this clause 13 except in cases where We have a reasonable suspicion that You have lost or stolen Account Access Details, unless (i) it was not possible for you to detect the use of the lost or stolen Account Access Details before the Transaction; or (ii) the losses we suffer were caused by us or our agents.
24.5 Unless you acted fraudulently, you are not liable for any losses resulting from an unauthorised Transaction:
24.5.1 after you notify us as required in paragraphs 22.3 and 24.1;
24.5.2 if you could not notify us as we failed to provide you with the means at all times to tell us about Account Access Details that have been lost, stolen, misappropriated, used without authorisation, or have authorised otherwise compromised;
24.5.3 if we fail to apply strong Customer authentication, where this is required by law or regulation; or
24.5.4 where you used the transactionAccount to buy goods or services at a distance, in which case We will conduct an investigation as quickly as possible and notify You of unless the outcome. If the investigation shows that the transaction was indeed unauthorized, we will refund law says you as set out above in this clause 13.1.
13.2 If a transaction initiated by a retailer (for example, this happens when You use Your Card in a shop) has been incorrectly executed and We receive proof from the retailer’s payment service provider that We are liable for the incorrectly executed transactionloss.
24.6 Save as set out in these GTC, We will refund as appropriate Transactions are non-refundable and immediately the transaction and are non-reversible. You may not charge back any associated transaction fees and charges payable under this AgreementTransaction for reasons for which we are not responsible including, without limitation, disputes with third parties for non-delivery of goods and/or services. We are not liable for any incorrectly executed transactions if claims resulting from a commercial transaction between you and a third party.
24.7 If we can show that provide you with an Identifier and we and all the payment other service providers involved in making the Transaction carry out your instructions in accordance with the Identifier, then we are entitled to consider it was actually received by carried out correctly.
24.8 If you give us an incorrect Identifier or other incorrect details, then we are not responsible for failing to carry the retailer’s payment service provider, Transaction out or for carrying it out in which case they will be liableaccordance with your instructions. [If a transaction initiated by You the Transaction has been incorrectly executedmisdirected because you gave us an incorrect Identifier, We will refund without undue delay the transaction and any associated transaction fees and charges payable under this Agreement except where any payment instructions You gave Us were incorrect, in which case We we will make reasonable efforts to recover the funds in the Transaction but we provide no guarantee that the funds will be recovered. We may charge You you a reasonable fee as set out in the Fees List for doing this. If we are unable to cover our administration costsrecover the funds, we will, upon your written request, provide you all available relevant information in order for you to claim repayment of which the funds.
24.9 If you are the recipient of a Transaction made with an incorrect Identifier, you will cooperate with us in order to return the funds where appropriate and we will notify You cooperate with the payer's PSP in advanceits efforts to recover the funds, in particular by providing it with all relevant information for the collection of the funds. Please note that even if you give us information additional to the Identifier or to the information we asked for to make the Transaction, we are only responsible for carrying out the Transaction in accordance with the Identifier.]
13.3 [If You initiate 24.10 Where you are the payer of a payment Transaction which has not been correctly executed by us, we shall, without undue delay, refund to someone you the amount of the non-executed or defective Transaction and, where applicable, restore your Account to the state in which it would have been if the EEA and it is received by them later than this Agreement stipulates (clause 4.4), You can notify Us so that We can Transaction had been executed correctly. Where the Transaction has been executed late you may ask us to request the recipient’s payment service provider PSP to correct credit value date the recipient’s account as if the Transaction had been executed correctly.
24.11 If you are the recipient of a Transaction that has been executed late, and we receive a request from your payer's PSP, we will ensure that the credit value date used in your Account is no later than the date the amount of the Transaction would have been value dated if the Transaction had been executed on time.
24.12 You have the right to request that we make efforts to trace any fees non-executed or defectively executed Transaction and charges on the account notify you of the recipient (so that it is as if they received outcome via email or via the payment on time and are not at a loss)secure internal communication system, accessed through your Account.]
Appears in 1 contract
Samples: General Terms and Conditions
TRANSACTION DISPUTES. 13.1 11.1 If You you believe You you did not authorise a particular transaction Transaction or that a transaction Transaction was incorrectly carried out, in order to get a refund You you must contact Our our Customer Services team without undue delay - as soon as You you notice the problem, and in any case problem but is no later than 4 weeks 13 months after the debit date of such Transaction. Depending on the circumstances, our Customer Services team may require you to complete a dispute declaration form.
11.2 Subject to Condition 10, we will refund any unauthorised or incorrectly executed Transaction immediately unless we have reason to believe that the incident may have been caused by a breach of this Agreement, through gross negligence or where we have reasonable grounds to suspect fraud. We shall not be held liable for a Transaction that has been incorrectly executed if you have failed to notify us of a problem without undue delay – in those circumstances, you may be held liable.
11.3 If our investigations show that any disputed Transaction was authorised by you or you may have acted fraudulently or with gross negligence, we may reverse any refund made and you will be liable for all losses we suffer in connection with the Transaction including but not limited to the cost of any investigation carried out by us in relation to the Transaction. We reserve the right to take legal action against you in the event that we believe you have made a fraudulent claim for an unauthorised Transaction.
11.4 In certain circumstances, a Transaction will be initiated but not fully completed. Where this happens, this may result in the value of the Transaction being deducted from the Gift Card balance and therefore unavailable for use – we refer to this as a “hanging authorisation” or “block”. In these cases, you will need to contact our Customer Service team and present relevant evidence to show that the Transaction has been cancelled or reversed.
11.5 In certain circumstances, we may refuse to complete a Transaction that you have authorised. These circumstances include:
11.5.1 if we are concerned about the security of your Gift Card or we suspect your Gift Card is being used in a fraudulent or suspicious manner;
11.5.2 if there are not sufficient Available Funds to cover the Transaction and all associated fees at the time that we receive notification of the Transaction;
11.5.3 if there is an outstanding shortfall on the balance of your Gift Card;
11.5.4 if we have reasonable grounds to believe you are acting in breach of this Agreement; or
11.5.5 if there are errors, failures (mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing Transactions.
11.6 Unless it would be unlawful for us to do so, where we refuse to complete a Transaction for you in accordance with Condition 11.5 above, we will notify you as soon as reasonably practicable provided we have your contact details, that it has been refused and the reasons why it has been refused, together where relevant, with the procedure for correcting any factual errors that led to the refusal.
11.7 You may also claim a refund for a Transaction that you authorised provided that:
11.7.1 your authorisation did not specify the exact amount when you consented to the Transaction; and
11.7.2 the amount of the transaction has been Transaction exceeded the amount that you could reasonably have expected it to be (taking into account your previous spending pattern on the Gift Card, the terms and conditions and the circumstances of this case). Such a refund must be requested from our Customer Services team within 8 weeks of the amount being deducted from the Gift Card. We will as soon as practicable, and in any event no later than the end of the Business Day following the day on which We become aware of the unauthorized transaction, may require you to provide us with evidence to substanti- ate your claim. The refund any unauthorised transaction and any associated transaction fees and charges payable under this Agreement subject shall be equal to the rest of this clause 13 except in cases where We have a reasonable suspicion that You have acted fraudulently, or have authorised the transaction, in which case We will conduct an investigation as quickly as possible and notify You of the outcome. If the investigation shows that the transaction was indeed unauthorized, we will refund you as set out above in this clause 13.1.
13.2 If a transaction initiated by a retailer (for example, this happens when You use Your Card in a shop) has been incorrectly executed and We receive proof from the retailer’s payment service provider that We are liable for the incorrectly executed transaction, We will refund as appropriate and immediately the transaction and any associated transaction fees and charges payable under this Agreement. We are not liable for any incorrectly executed transactions if we can show that the payment was actually received by the retailer’s payment service provider, in which case they will be liable. [If a transaction initiated by You has been incorrectly executed, We will refund without undue delay the transaction and any associated transaction fees and charges payable under this Agreement except where any payment instructions You gave Us were incorrect, in which case We will make reasonable efforts to recover the funds but may charge You a reasonable fee to cover our administration costs, of which we will notify You in advance.]
13.3 [If You initiate a payment to someone in the EEA and it is received by them later than this Agreement stipulates (clause 4.4), You can notify Us so that We can ask the recipient’s payment service provider to correct the amount of the Transaction. Any such refund will not be subject to any fees and charges on the account of the recipient (so that it is as if they received the payment on time and are not at a loss)fee.]
Appears in 1 contract
Samples: Gift Card Agreement
TRANSACTION DISPUTES. 13.1 14.1. If You believe You did not authorise authorize a particular transaction or that a transaction was incorrectly carried out, in order to get a refund You must contact Our Customer Services team without undue delay - as -as soon as You notice the problem. Depending on the circumstances, Our Customer Services team may require You to complete a dispute declaration form, and note that Fees may apply for any associated investigation.
14.2. We will refund any unauthorized transaction immediately unless We have reason to believe that the incident may have been caused by a breach of the Agreement, through gross negligence or where We have reasonable grounds to suspect fraud. We shall not be held liable for a transaction that has been incorrectly executed if You have failed to notify Us of a problem without undue delay – in those circumstances, You may be held liable.
14.3. If Our investigations show that any case no later than 4 weeks after disputed transaction was authorized by You or You may have acted fraudulently or with gross negligence, We may reverse any refund made and You will be liable for all losses We suffer in connection with the transaction including but not limited to the cost of any investigation carried out by us in relation to the transaction.
14.4. In certain circumstances, a transaction will be initiated but not fully completed. Where this happens, this may result in the value of the transaction being deducted from the Card balance and therefore unavailable for use – We refer to this as a “hanging authorization” or “block”. In these cases, You will need to contact Our Customer Service team in accordance with Condition 15 and present relevant evidence to show that the transaction has been cancelled or reversed.
14.5. In certain circumstances, We may refuse to complete a transaction that You have authorized. These circumstances include:
14.5.1. if We are concerned about the security of Your Card or We suspect Your Card is being used in a fraudulent or suspicious manner;
14.5.2. if there are not sufficient Available Funds to cover the transaction and all associated fees at the time that We receive notification of the transaction;
14.5.3. if there is an outstanding shortfall on the balance of Your Card;
14.5.4. if We have reasonable grounds to believe You are acting in breach of this Agreement; or
14.5.5. if there are errors, failures (mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing transactions.
14.6. Unless it would be unlawful for Us to do so, where We refuse to complete a transaction for You in accordance with Condition 14.5 above, We will notify You as soon as reasonably practicable, that it has been refused and the reasons why it has been refused, together where relevant, with the procedure for correcting any factual errors that led to the refusal. We may charge You each time We notify You that Your payment request has been refused.
14.7. You may claim a refund for a transaction that You authorized provided that:
14.7.1. Your authorization did not specify the exact amount when You consented to the transaction; and
14.7.2. the amount of the transaction has been exceeded the amount that You could reasonably have expected it to be (taking into account Your previous spending pattern on the Card, the Terms and Conditions and the circumstances of this case).
14.8. Such a refund must be requested from Our Customer Services team within 8 weeks of the amount being deducted from the Card. We will as soon as practicable, and in any event no later than the end of the Business Day following the day on which We become aware of the unauthorized transaction, may require You to provide Us with evidence to substantiate Your claim. The refund any unauthorised transaction and any associated transaction fees and charges payable under this Agreement subject shall be equal to the rest of this clause 13 except in cases where We have a reasonable suspicion that You have acted fraudulently, or have authorised the transaction, in which case We will conduct an investigation as quickly as possible and notify You of the outcome. If the investigation shows that the transaction was indeed unauthorized, we will refund you as set out above in this clause 13.1.
13.2 If a transaction initiated by a retailer (for example, this happens when You use Your Card in a shop) has been incorrectly executed and We receive proof from the retailer’s payment service provider that We are liable for the incorrectly executed transaction, We will refund as appropriate and immediately the transaction and any associated transaction fees and charges payable under this Agreement. We are not liable for any incorrectly executed transactions if we can show that the payment was actually received by the retailer’s payment service provider, in which case they will be liable. [If a transaction initiated by You has been incorrectly executed, We will refund without undue delay the transaction and any associated transaction fees and charges payable under this Agreement except where any payment instructions You gave Us were incorrect, in which case We will make reasonable efforts to recover the funds but may charge You a reasonable fee to cover our administration costs, of which we will notify You in advance.]
13.3 [If You initiate a payment to someone in the EEA and it is received by them later than this Agreement stipulates (clause 4.4), You can notify Us so that We can ask the recipient’s payment service provider to correct the amount of the transaction. Any such refund will not be subject to any fees and charges on the account of the recipient (so that it is as if they received the payment on time and are not at a loss)fee.]
Appears in 1 contract
TRANSACTION DISPUTES. 13.1 14.1 If You believe You did not authorise a particular transaction or that a transaction was incorrectly carried out, in order to get a refund You must contact Our Customer Services team without undue delay - as soon as You notice the problem. Depending on the circumstances, Our Customer Services team may require You to complete a dispute declaration form.
14.2 We will refund any unauthorised or incorrectly executed transaction immediately unless We have reason to believe that the incident may have been caused by a breach of the Agreement, through gross negligence or where We have reasonable grounds to suspect fraud. We shall not be held liable for a transaction that has been incorrectly executed if You have failed to notify Us of a problem without undue delay – in those circumstances, You may be held liable.
14.3 If Our investigations show that any disputed transaction was authorised by You or You may have acted fraudulently or with gross negligence, We may reverse any refund made and You will be liable for all losses We suffer in connection with the transaction including but not limited to the cost of any case no later than 4 weeks after investigation carried out by Us in relation to the transaction.
14.4 In certain circumstances, a transaction will be initiated but not fully completed. Where this happens, this may result in the value of the transaction being deducted from the Card balance and therefore unavailable for use – We refer to this as a “hanging authorisation” or “block”. In these cases, You will need to contact Our Customer Service team in accordance with Condition 15 and present relevant evidence to show that the transaction has been cancelled or reversed.
14.5 In certain circumstances, We may refuse to complete a transaction that You have authorised. These circumstances include:
14.5.1 if We are concerned about the security of Your Card or We suspect Your Card is being used in a fraudulent or suspicious manner;
14.5.2 if there are not sufficient Available Funds to cover the transaction and all associated fees at the time that We receive notification of the transaction;
14.5.3 if there is an outstanding shortfall on the balance of Your Card;
14.5.4 if We have reasonable grounds to believe You are acting in breach of this Agreement; or
14.5.5 if there are errors, failures (mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing transactions.
14.6 Unless it would be unlawful for Us to do so, where We refuse to complete a transaction for You in accordance with Condition 14.5 above, We will notify You as soon as reasonably practicable, that it has been refused and the reasons why it has been refused, together where relevant, with the procedure for correcting any factual errors that led to the refusal. We may charge You each time We notify You that Your payment request has been refused.
14.7 You may claim a refund for a transaction that You authorised provided that:
14.7.1 Your authorisation did not specify the exact amount when You consented to the transaction; and
14.7.2 the amount of the transaction has been exceeded the amount that You could reasonably have expected it to be (taking into account Your previous spending pattern on the Card, the Terms and Conditions and the circumstances of this case). Such a refund must be requested from Our Customer Services team within 8 weeks of the amount being deducted from the Card. We will as soon as practicable, and in any event no later than the end of the Business Day following the day on which We become aware of the unauthorized transaction, may require You to provide Us with evidence to substantiate Your claim. The refund any unauthorised transaction and any associated transaction fees and charges payable under this Agreement subject shall be equal to the rest of this clause 13 except in cases where We have a reasonable suspicion that You have acted fraudulently, or have authorised the transaction, in which case We will conduct an investigation as quickly as possible and notify You of the outcome. If the investigation shows that the transaction was indeed unauthorized, we will refund you as set out above in this clause 13.1.
13.2 If a transaction initiated by a retailer (for example, this happens when You use Your Card in a shop) has been incorrectly executed and We receive proof from the retailer’s payment service provider that We are liable for the incorrectly executed transaction, We will refund as appropriate and immediately the transaction and any associated transaction fees and charges payable under this Agreement. We are not liable for any incorrectly executed transactions if we can show that the payment was actually received by the retailer’s payment service provider, in which case they will be liable. [If a transaction initiated by You has been incorrectly executed, We will refund without undue delay the transaction and any associated transaction fees and charges payable under this Agreement except where any payment instructions You gave Us were incorrect, in which case We will make reasonable efforts to recover the funds but may charge You a reasonable fee to cover our administration costs, of which we will notify You in advance.]
13.3 [If You initiate a payment to someone in the EEA and it is received by them later than this Agreement stipulates (clause 4.4), You can notify Us so that We can ask the recipient’s payment service provider to correct the amount of the transaction. Any such refund will not be subject to any fees and charges on the account of the recipient (so that it is as if they received the payment on time and are not at a loss)fee.]
Appears in 1 contract
Samples: Terms and Conditions
