FOR ISSUANCE OF DEBIT PAYMENT CARD "PAYMAN"
AND PROVISION OF PAYMENT SERVICES TO CONSUMERS
Effective as of 03 August 2026
I. PREAMBLE
1.1. The conditions of this document (hereinafter referred to as the "General Terms and Conditions") constitute a framework agreement for the issuance of a debit payment card and the execution of payment and reference operations through it, between:
1.1.1. "PAYMAN GROUP" OOD, UIC 206457036, with its registered office in the city of Sofia and management address: Vitosha Region, 102 Bulgaria Blvd., floor 3, office 26, email: [email protected], website: https://paymangroup.com, tel: +359 2 4928 802, in its capacity as a representative (hereinafter referred to as the "Representative") in the provision of payment services under these General Conditions - payment services under Art. 4, item 3, letter "b" and item 5, first proposal of the Payment Services and Payment Systems Act (hereinafter referred to as "PSPSA") of the payment service provider "EASY PAYMENT SERVICES" OOD, UIC 204112059, with its registered office in the city of Sofia and management address: Lyulin 7 microdistrict, 28 Jawaharlal Nehru Blvd., floor 2, office 40-46, email: [email protected] (hereinafter referred to as the "Issuer"), entered in the register under Art. 19 of the PSPSA as an electronic money institution by virtue of decision No. 259/25.10.2018 of the Management Board of the Bulgarian National Bank, the competent authority responsible for the supervision of its activities (hereinafter referred to as the "BNB"), and
1.1.2. A person, duly identified by the Representative, who has agreed to these General Conditions, who for the purposes of this document is considered a user (hereinafter referred to as the "Cardholder").
1.1.2. A natural person, duly identified by the Representative, who has agreed to these General Conditions, who for the purposes of this document is considered a user (hereinafter referred to as the "Cardholder").
1.2. These General Conditions govern the provision by the Issuer, through the Representative, of payment services for the issuance and execution of payment and information operations through a debit payment card providing remote access to a payment account with an IBAN.
1.3. The General Terms and Conditions are published and available on a durable medium on the Representative's website specified in item 1.1.1, in accordance with the requirements of the PSPSA. By signing the General Terms and Conditions the Cardholder declares that he has had the opportunity and has previously acquainted himself with the information provided to him according to the procedure of the preceding sentence, before being bound by the General Terms and Conditions or an offer to be bound by them, and that he has received a duly signed copy of them on a durable medium.
1.4. The General Terms and Conditions come into force upon consent thereto by signing them. The General Terms and Conditions may be signed with a qualified electronic signature, as well as with an ordinary or advanced electronic signature, having the force of a handwritten signature, wherever and as such technical possibility is provided and used (for example, by pressing a button, using one-time generated codes/passwords, marking a checkbox for consent, using certificates, according to the technical steps of a website/mobile application, or other similar methods).
1.5. For the purposes of the Distance Financial Services Provision Act ("DFSPA"), these General Terms and Conditions constitute a contract for the provision of financial services from a distance, and in this regard the Cardholder declares that he is aware and understands that:
1.5.1. The services under the General Terms and Conditions are not related to instruments that involve special risks within the meaning of Art. 8, para. 1, item 2, letter "v" of the DFSPA;
1.5.2. There may be taxes and/or expenses for the Cardholder that are not paid through the Issuer or are not determined by it;
1.5.3. In case the Cardholder has not yet agreed to the General Terms and Conditions or their effect has been terminated, the information under this item 1.5 is valid for a period of 3 days after its last provision to the Cardholder. If the Cardholder has already agreed to the General Terms and Conditions, the information is valid until it is changed in the manner for making changes to the General Terms and Conditions;
1.5.4. The method of payment and performance of the services under the General Terms and Conditions is indicated therein. Depending on the case and the nature of the services used through the Representative, payment may also be made through the Representative;
1.5.5. All additional expenses for the Cardholder related to the use of means of communication from a distance when performing the General Terms and Conditions are borne by the Cardholder;
1.5.6. The Cardholder has the right, without owing compensation or penalty and without stating a reason, to withdraw from the General Terms and Conditions within 14 days from the date of signing them, by notifying the Issuer in writing through the Representative. The notice of withdrawal shall contain the date of consent to the General Terms and Conditions and the card number. The right of withdrawal does not apply to services and cases provided for in the DFSPA. If the Cardholder exercises his right of withdrawal, he owes fees and commissions only for the services actually provided by the Issuer, and if the fees and commissions have already been collected, the Issuer is not obliged to refund them. The Cardholder loses his right of withdrawal if he does not exercise it within the above period;
1.5.7. Upon establishing a business relationship with the Cardholder before he has agreed to the General Terms and Conditions, the law of the Republic of Bulgaria applies;
1.5.8. There is no guarantee fund or other similar compensation schemes for the Cardholder in connection with the services under the General Terms and Conditions.
DEFINITIONS
For the purposes of these General Conditions, the terms listed below have the following meaning:
"ATM" is a terminal device for cash withdrawal (Automated Teller Machine), payment for services, execution of transfers between payment accounts, information and other payment and non-payment operations.
"Biometric data" means personal data resulting from specific technical processing relating to the physical, physiological or behavioral characteristics of a natural person, which allow or confirm the unique identification of that natural person.
"Value date" is the date on which the Representative credits or debits the Payment Account for payment operations related to the Card.
"Identification document" means, for Bulgarian citizens who have agreed to the General Conditions - an identity card, and for foreign citizens - a permanent residence permit on the territory of the Republic of Bulgaria, together with a valid national document for travel abroad, issued by the respective foreign competent state authority of the country of origin.
"ePIN" represents a PIN provided to the Cardholder on a one-time basis via SMS, which (solely together with the Internet Payment Code) serves to identify the Cardholder in the course of strong customer authentication in connection with performing payment operations on the Internet (in the event that for some reason authentication of a payment operation in the Mobile Application was not possible and the same is carried out via web).
”MLMA“ the Measures Against Money Laundering Act, together with all its amendments and supplements.
"Internet profile" is an individual section of the Cardholder on the Representative's website at https://paymangroup.com, serving to receive information provided by the Issuer through the Representative regarding payment operations with the Card, to receive monthly statements and other information related to the Card or other functionalities according to these General Conditions.
"Card" is the debit payment card (physical or virtual) specified in item 1.2 above, which is a payment instrument within the meaning of the PSPSA, issued by the Issuer and remaining in all cases its property, through which payment operations can be executed with the funds in the Payment Account. The first and last name of the Cardholder are written on the Card in their capacity as its sole authorized user, as well as a unique 16-digit number.
"Card scheme" is the payment card scheme whose payment brand is placed on or associated with the Card (e.g., Mastercard) and according to whose rules, practices, standards and/or guidelines the payment operations related to the Card are executed.
"Internet Payment Code" is a one-time six-digit password sent to the mobile phone number provided by the Cardholder upon a request for execution of a payment operation on the Internet, the correct entry of which (together with the correct entry of the ePIN) is a condition for approval of the operation by the Issuer. Each Internet Payment Code is valid for 5 (five) minutes, during which time the ePIN must also be entered. The Payment Code is applicable only in the event that for some reason confirmation of a payment operation through the Mobile Application was not possible and the same is carried out via web.
"Mobile application" is a computer program (mobile application), owned by the Representative, intended for installation on mobile devices and serving for the confirmation of payment operations/other actions through the application of strong customer authentication of the Cardholder, as well as other functionalities, according to these General Conditions.
"GDPR” is Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, as well as the applicable Bulgarian and European legislation in the field of personal data protection.
PIN" is a four-digit personal identification number associated with each Card, which serves to identify the Cardholder when performing payment and other operations with the Card and is a personalized security feature of the payment instrument within the meaning of § 1, item 29 of the PSPSA. The PIN is provided to the Cardholder via a short text message (SMS) sent to the mobile phone number provided by the Cardholder.
"Payment account" is the payment account referred to in item 1.2, opened and maintained by the Representative in the name of the Cardholder by virtue of a separate contract between them.
"POS" depending on the context used below, is: a physical terminal device through which payment for goods or services is made at the point of sale (Point of Sale, Point of Service) or cash is received through the use of a payment card; or a logically defined virtual terminal device (Virtual POS Terminal) through which transfers to payment accounts or payment for goods or services through the Internet, ATM terminal devices or digital/mobile phones are carried out, using a payment card in online mode.
"CVC" is a three-digit code printed on the Card or visualized in the Internet Profile, which serves to identify the Cardholder when performing payment and other operations with the Card through the Internet, and represents a personalized security feature of the payment instrument.
"Tariff" is the exhaustive list of fees and commissions due by the Cardholder for the provision of payment and other services under the General Conditions, specified in "APPENDIX 1 - TARIFF", an integral part of the General Conditions.
"3D Protection (3D Secure)" - a specific personalized security feature applied to every payment for goods and services on the Internet through virtual POS terminal devices (online payments) with a merchant with 3D protection who operates a virtual POS and who meets the 3D-secure standard and redirects each cardholder performing a payment operation on a virtual POS to confirmation in the Mobile Application or the respective 3D-secure portal of the Issuer. 3D Protection (3D Secure) also means the application of strong customer authentication of the Cardholder.
"General Conditions", "Representative", "Issuer", "PSPSA", "BNB", "Cardholder" and "DFSPA", as terms, are used with their meaning in the points of the preamble above.
The terms that are not defined above shall be understood with their meaning established in the normative acts relevant to the subject of the General Conditions, other acts of the BNB and rules of the respective Card Scheme.
II. ISSUANCE, DELIVERY AND USE OF THE CARD
2.1. In order for the Card to be issued, the Cardholder must not at any time appear on sanction lists related to anti-money laundering, counter-terrorism financing, or other national, supranational or international sanctions and measures adopted by acts of national, European, or international bodies/organizations.
2.2. The Issuer does not provide services to persons who appear on restrictive lists or against whom sanctions have been imposed, or to whom it is not permitted to provide financial services pursuant to resolutions of the UN Security Council, or regulations and decisions of the European Union that have entered into force, imposed in connection with the fight against terrorism financing and preventing the proliferation of weapons of mass destruction, or in connection with embargo restrictions and sanctions for the implementation of other objectives of the international community, which are part of the aforementioned decisions and regulations, and does not support any type of transactions related to such persons and/or organizations.
2.3. The Issuer does not process in any form and in any currency payment operations related to the countries included in the list on the following website of the Representative: https://www.paymangroup.com. Restrictive measures against any country and client may change at any time due to changes in legislation or (geo)political or economic circumstances, and the Issuer has the right to refuse to accept or refuse to execute an operation from/to or otherwise connected with countries, persons or organizations.
2.4. The Card is delivered only to the Cardholder after he agrees to the General Terms and Conditions. Upon receiving a physical Card, the Cardholder must present a valid identity document to prove his identity, a copy of which is retained by the Representative for the Issuer. Upon receiving a virtual Card, the Cardholder must provide information according to the procedure in the Internet profile where he receives the card itself. The PIN code of the Card is provided to the Cardholder via SMS sent to the mobile phone number provided by him after activation of the Card.
2.5. The Issuer, through the Representative, may require the Cardholder to provide other documents and information related to compliance with regulatory requirements or the application of good practices both upon agreeing to the General Conditions and at any time during their operation. The Cardholder is obliged to provide the requested documents within the given period, and if such is missing - within a 5-day period. The Cardholder is obliged to maintain updated versions of the documents provided in connection with the General Conditions with the Representative.
2.6. A prerequisite for concluding the General Conditions, issuing and delivering the Card is the approval of the Cardholder by the Representative and the existence of a contract concluded between the Cardholder and the Representative for opening and maintaining the Payment Account, the funds in which are accessible for the execution of payment operations through the Card.
2.7. The Card is the property of the Issuer, and the Cardholder is the only person who has a non-transferable right to use it. The use of the Card by another person is prohibited.
2.8. The Cardholder is obliged not to use the Card for any purposes contrary to the law, including, but not limited to, the purchase of goods and services prohibited by the laws of the Republic of Bulgaria or the state in which the relevant payment operation is carried out. The Cardholder also undertakes not to use the Card in connection with illegal activities, including, but not limited to, the proliferation of weapons of mass destruction, financing of terrorism, money laundering, fraud (including computer fraud), and abuse of rights.
2.9. Each Card has a validity period until the end of the month marked on it. The use of a Card after the expiration of its validity period or after it has been declared invalid for any reason, or after the termination of relations between the Cardholder and the Representative for the Payment Account, or between the Issuer and the Representative (of which the Cardholder has been notified), regardless of the ground, is prohibited. The Issuer blocks the Card upon the occurrence of any of the conditions specified in the preceding sentence. Upon expiration of the Card's validity, the Issuer replaces it with a new one.
2.10. In case of impossibility to use a Card as a result of its blocking according to the General Conditions, as well as in case of loss or theft, the respective Card may be reissued after submitting an application by the Cardholder to the Issuer, which may also be submitted through a Representative. In case of a detected manufacturing defect of the Card, it shall be reissued free of charge.
2.11. Upon receiving a new Card under item 2.9 and item 2.10, and if the Issuer has requested this, the Cardholder provides a copy of a valid identification document and/or other information/document through the Representative.
III. PROVIDED PAYMENT SERVICES. PAYMENT OPERATIONS EXECUTED THROUGH THE CARD
3.1. Subject to these General Conditions, the Issuer, through the Representative, provides the Cardholder with payment services for issuing the Card and performing payment operations through it with the funds in the Payment Account. However, the possibility of successful payment with the Card also depends on the Representative, in its capacity as the provider servicing the Payment Account, as well as on the policy for accepting payment instruments by each merchant where the Cardholder wants to pay for goods or services. The Cardholder can perform the following payment operations:
3.1.1. payment for goods and services through POS terminal devices;
3.1.2. cash withdrawal through ATM terminal devices;
3.1.3. payment for goods or services on the Internet through virtual POS terminal devices (online payments), including recurring payments for goods or services requiring a one-time initial consent from the Cardholder;
3.1.4. other information operations and services provided by the Issuer or according to the rules of the Card Scheme.
3.2. Each Card can be used for payment operations for payment or cash withdrawal through the use of POS devices, ATM devices, other online electronic platforms, through the use of mobile devices (tablets, smartwatches, mobile phones, etc.) that have Near Field Communication (NFC) technology for the purpose of making contactless payments, as well as through physical presentation of the Card to the merchant offline. A virtual Card can be used for operations on physical POS terminal devices only after it has been digitized. Card digitization is performed in accordance with the "General Terms and Conditions for Digitization and Use of Payment Cards issued by Easy Payment Services OOD", which are available at https://easyps.bg and to which the Cardholder agrees in the process of digitization. Sums can be transferred to the Card only according to the rules of the Card Scheme or in another way provided by the Issuer, and the funds are received into the Payment Account. The order for performing a payment operation with the Card is received by the Issuer in electronic form via telecommunication channels. The consent of the Cardholder for a payment operation (or a series of repeatable periodic payments) is given and becomes irrevocable:
3.2.1. upon presentation of the Card by the Cardholder for performing the payment operation and reading the chip or magnetic stripe of the Card by an ATM device or POS terminal and entering a valid PIN code and/or signing the receipt from the device by the Cardholder; or
3.2.2. by presenting the physical Card or entering it manually into a POS/ATM terminal device and reading its chip when performing payment operations on self-service POS/ATM terminal devices; or
3.2.3. by entering card data on the Internet, such as the 16-digit Card number, validity, CVC code, as well as applying 3D protection (3D secure) procedures, namely: (i) confirmation in the Mobile Application by applying strong customer authentication of the Cardholder, or (ii) in the event that for some reason confirmation of a payment operation in the Mobile Application was not possible and the same is carried out via web, the consent becomes irrevocable upon entering correct ePIN and Internet Payment Code. In the event that the payment is recurring and with its confirmation the Cardholder gives consent for subsequent payments initiated by the merchant, these subsequent payments can be executed without additional confirmation by the Cardholder, provided that their identity was duly established during the initial operation with which they gave their consent; or
3.2.4. by providing card data (number, validity, CVC code) to the provider of goods and/or services and authorizing them to use them for payment of the respective services via fax, telephone or other telecommunication means, or
3.2.5. when performing contactless payments through the use of mobile devices (tablets, smartwatches, mobile phones, etc.) that have Near Field Communication (NFC) technology.
3.3. By giving consent to perform a payment operation in any of the ways in item 3.2, the Cardholder:
3.3.1. Sends an irrevocable order to the Issuer and consent to perform the payment operation and to pay from the Payment account the amount of the payment operation and all related fees (if any); and
3.3.2. unconditionally agrees, authorizes and orders the Issuer to send a request to the Representative to debit the Payment Account with the amount of the payment operation, together with all fees due according to the Tariff. For the purpose of paying the Issuer's fees and transferring the funds to the recipient, the Issuer receives the amount of the payment operation and related fees (if any) directly from the Representative, who debits the Payment Account with them in accordance with the preceding sentence.
3.4. The Cardholder is obliged, upon request, to verify their identity before the respective employee of the merchant with an identification document. The Cardholder has the right to receive from the respective employee at the premises or ATM where they perform a payment operation with the Card, a copy of the receipt issued for the payment operation.
3.5. The term under Art. 87 of the PSPSA for execution of payment operations with the Card under item 3.1 above is immediately after receiving the consent for execution of a payment order, according to item 3.2, in compliance with the applicable legislation and the General Conditions. The Issuer executes the payment operations authorized by the Cardholder, provided that the amount of available funds in the Payment Account is not less than the value of the payment operation and the related fees. The Issuer may refuse to execute a certain payment operation if there is a reasonable suspicion that it is fraudulent or illegal or performed in violation of the General Conditions or the applicable regulatory framework for performing payment operations. The Issuer may, at its discretion, block the possibility of performing a certain type of payment operations altogether or in certain countries, with a view to complying with local legislation, such as a ban on gambling.
3.6. Payments for goods and/or services with the Card can be performed on POS terminals bearing the logo of the Card Scheme. The merchant or another person has the right to request additional information from the Cardholder to verify their identity for authorization of the payment operation by the Issuer. If authorization for the payment operation is not obtained, the legal effects specified in item 3.3 do not occur.
3.7. The Cardholder may, through the use of the Card and entering a PIN, which replaces their handwritten signature, dispose of the funds in the Payment Account by withdrawing cash, face-to-face payments and other operations on ATM devices bearing the logo of the Card Scheme with which the Card is branded. For every payment operation through an ATM device, upon request by entering the respective text according to the instructions displayed on the screen of the ATM device, a receipt is issued at the same moment, which certifies the orders given by the Cardholder. In the event that such a receipt is not issued, it shall be considered that the payment operation has been validly performed and the Cardholder is obliged to immediately notify the ATM operator and the Issuer thereof, through the Representative. In these cases, the Issuer shall provide assistance to the Cardholder. In case of retention of the Card by an ATM, the Cardholder is obliged to immediately notify the Issuer, through the Representative, and the Issuer undertakes to take action to return the respective Card or to issue a new Card in exchange. If the retention is due to the fault of the Cardholder, a fee according to the Tariff is withheld from the Payment Account for the return or issuance, upon request of the Issuer to the Representative.
3.8. The Cardholder is obliged to comply with the amount of available funds in the Payment Account at the time of performing a payment operation with the Card. The Cardholder is obliged to ensure that the sum of all obligations arising from the possession and use of the Card, including obligations arising from cash withdrawals, as well as fees according to the Tariff, does not exceed the amount of available funds in the Payment Account. Payment operations can be performed with the Card within daily and weekly limits specified in the Tariff and depending on the type and location of the payment operation performed.
3.9. If a certain payment operation would lead to exceeding the available funds in the Payment Account, this payment operation will be refused by the Issuer. In addition, with a view to avoiding risks, the Issuer may block the Card until direct contact is established between the Representative and the Cardholder. In the event that for technical reasons the execution of a payment operation is allowed which leads to exceeding the available funds in the Payment Account, the amount of the payment operation must be restored immediately by the Cardholder (on the same day of the payment operation). Such payment operations are common for some merchants due to the specifics of their activity (car rentals, hotels, cruise ships, public transport, road tolls, etc.). They have the ability to debit cardholders without prior authorization of the amount. The Issuer, with the assistance of the Representative, may deduct amounts to repay the obligation under such payment operations from subsequent receipts to the Payment Account, or the Representative may immediately repay on behalf of the Cardholder.
IV. CURRENCY, FEES, COMMISSIONS AND EXCHANGE RATES
4.1. The currency in which the Card is issued is the currency in which the Payment Account is maintained. All amounts due for executed payment operations, fees, interest and obligations are specified by the Issuer in EUR.
4.2. In case of payment operations performed in a currency different from the currency of the Card, the obligations are converted by transforming them into the currency of the Card, applying the Issuer's current exchange rate for the day of processing, and the available funds in the Payment Account are debited with the amount thus converted. The Issuer's rate is formed on the basis of the reference exchange rates of the euro published daily by the European Central Bank and a percentage mark-up of the Issuer relative to them. Changes in the reference exchange rates are applied immediately, and information about them, the percentage mark-up and the Issuer's rate can be found on the website https://easyps.bg/exchange. If, for the purposes of currency conversion when applying an exchange rate for the respective day, a number with more than two digits after the decimal point is obtained, this number is rounded, whereby a digit smaller than five is rounded down, and a digit equal to or greater than five is rounded up.
4.3. All fees due by the Cardholder in connection with the possession of the Card and the execution of payment operations with it are exhaustively specified in the Tariff, which represents an integral part of the General Conditions.
4.4. The Cardholder agrees that for the provision of services under these General Conditions, the Representative, in its capacity as a payment service provider maintaining the Payment Account, and the Issuer exchange information about payment operations with the Card and balances in the Payment Account in real time. The Issuer bears no responsibility towards the Cardholder in the relations of the latter with the Representative regarding the Payment Account.
4.5. The Cardholder gives consent for the Issuer to officially collect all fees and commissions due by the Cardholder according to the Tariff, as well as their other obligations to the Issuer, from any of their payment accounts opened with the Issuer or with the Representative (through the assistance of the Representative), as well as to have the right to deduct fees and commissions from the amounts of incoming payment operations before the Payment Account is credited, in case such are provided for in the Tariff.
V. PROCEDURE FOR COMMUNICATION BETWEEN THE PARTIES
5.1. Картодържателят декларира, че разбира и се съгласява, че цялата комуникация във връзка с Картата ще се извършва между него и Представителя. Картодържателят получава текуща информация за извършените с Картата платежни операции или други уведомления, на български език, вкл. чрез транслитерация, и на дълготраен носител в електронен вид, в неговия Интернет профил, или в Мобилното приложение (ако има такава функционалност), или по някой от начините по т. 5.3. В Интернет профила на Картодържателя или на страницата на Представителя по т. 1.1.1, се публикува и друга информация и съобщения до Картодържателя, включително уведомления за изменения на Общите условия. Картодържателят е длъжен периодично да посещава своя Интернет профил и да се запознава с публикуваната там информация. Информацията може да бъде предоставена и на чужд език (например английски) за улеснение на Картодържателя, като в случай на несъответствия между различни езикови версии на информацията и документите, водеща е българската версия.
5.2. At the beginning of each month, by email or through the Internet Profile (if there is such functionality), the information under Art. 66 of the PSPSA is provided or made available to the Cardholder free of charge (they can also request the information under Art. 65, para. 1 of the PSPSA free of charge) for all payment operations on the Card for the previous month, so that the Cardholder has the opportunity to store and reproduce the information unchanged.
5.3. For the payment operations performed with the Card, the Representative notifies the Cardholder through one of the following channels: i) via short text messages (SMS) and/or messages through mobile communication applications (Viber, WhatsApp, Telegram, etc.) sent to the mobile phone number provided by the Cardholder, and/or ii) by sending an electronic message (e-mail) to the email address provided by the Cardholder, and/or iii) via notification in the Internet Profile, which the Cardholder has an obligation to visit, and/or (iv) via other electronic channels, such as mobile applications, websites/banking/portals, etc. similar, if such channels are additionally agreed. From this moment, the Cardholder is considered duly notified of the payment operations performed, and the time limits for contesting them by the Cardholder begin to run. The Cardholder is considered duly notified of the payment operations performed also in case of non-fulfillment of their obligation for notification under item 5.4, sentence 3 or item 5.7, sentence 2. Upon refusal of the Issuer to execute a payment operation with the Card, the Cardholder receives a notification through one of the channels specified in this item with information about the attempted payment operation and the reasons for its refusal.
5.4. The Cardholder can also inform themselves about payment operations by calling from the mobile phone number provided by them. The Cardholder undertakes to maintain always active and in their own use the mobile phone number provided by them to the Representative. In case of change, termination of use, or any suspension of this number, the Cardholder undertakes to immediately notify the Issuer in writing through the Representative. Otherwise, the behavior of the Cardholder constitutes gross negligence within the meaning of Art. 80, para. 3 of the PSPSA and the Issuer bears no responsibility for any damages, regardless of their amount, suffered by the Cardholder during unauthorized payment operations or due to the inability to send notifications to them.
5.5. The Cardholder can at any time inform themselves about the current edition of the General Terms and Conditions and the Tariff on the website of the Representative under item 1.1.1, in accordance with the requirements of Art. 61 of the PSPSA, and can request at any time that the specified documents be sent to them on a durable medium by email.
5.6. Notifications in connection with the use of the Card are made by the Cardholder: by phone +359 2 4928 802 (without additional charge), in writing through the Representative; or to email address [email protected].
5.7. Upon agreeing to the General Conditions and for communication purposes, the Cardholder indicates the following contact details: permanent address and any other current address on the territory of the country or abroad, email address (if available) and mobile phone number. In case the contact details are no longer up-to-date, the Cardholder is obliged to immediately and in writing notify the Issuer through the Representative, providing the respective up-to-date data. All notifications, invitations, messages, etc., sent using the last specified contact details, are considered regularly sent to the Cardholder. The Issuer bears no responsibility for damages caused due to lack or untimely receipt of information under the General Conditions due to outdated contact details of the Cardholder.
VІ. PROTECTIVE MEASURES AND LIABILITY
6.1. After receiving the Card, the Issuer sends the Cardholder their PIN via SMS. CVC is marked on the back of each Card and/or in the Internet Profile.
6.2. The Cardholder declares that they are familiar with the nature of the Card as a means of performing payment operations, and that the PIN, ePIN, Internet Payment Code and card data (16-digit number and CVC) represent personalized security features of the payment instrument. The Cardholder is obliged to protect the personalized security features of the Card, as well as the data for access to the Internet Profile, from loss, disclosure to third parties, theft, counterfeiting, copying, or unauthorized use with the efforts they make to protect their own property and money. The Cardholder is obliged to memorize their personalized security features and destroy the form/text message with which they learned them, as well as not to store them recorded in any way in the same place where they store the Card. The Cardholder is obliged to store the Card in a place inaccessible to third parties, to protect it from the effects of magnetic and other harmful media, as well as to perform any other actions through which to protect it from the above risks and not to perform any actions that allow the occurrence of the above risks. The Cardholder is obliged to protect their mobile phone/device and data for access to the Mobile Application, and not to allow unauthorized access to it.
6.3. In cases where a third party has learned (or a risk of disclosure has been created) the ePIN and PIN sent to the Cardholder, the latter is obliged to immediately notify the Issuer through the Representative. Also, in case of loss, theft, counterfeiting, copying (skimming), use by a third party, performance of an operation with the Card that is not approved by the Cardholder or use in another illegal way and other risks (unlawful use), the Cardholder undertakes to immediately notify the Issuer in any of the ways under item 5.6. The Issuer blocks the Card immediately after receiving the notification.
6.4. In case of violation by the Cardholder of any of the clauses of the General Conditions, as well as in case of loss or theft of the Card, its destruction, forgotten PIN/ePIN (as well as in case of non-fulfillment of the contract for the Payment Account between the Cardholder and the Representative, and at the request of the latter), the Issuer blocks the use of the Card until the cause for its blocking is eliminated. In these cases, the blocking of the Card is at the expense of the Cardholder and all fees related to blocking, unblocking and reissuing the Card or PIN/ePIN are deducted from the Payment Account.
6.5. The Issuer blocks the Card upon:
6.5.1. non-fulfillment of the General Conditions by the Cardholder;
6.5.2. suspicion of abuse with the Card by third parties according to information received by the Issuer about possible abuse with the Card;
6.5.3. non-fulfillment by the Cardholder of their obligations under the contract for the Payment Account concluded between them and the Representative (at the request of the Representative);
6.5.4. three consecutive unsuccessful attempts to enter a valid PIN, in which case the blocking refers to cash withdrawals at ATMs, contactless payments for amounts over EUR 50, payments with chip reading;
6.5.5. five consecutive unsuccessful attempts to enter a valid ePIN or Internet Payment Code, in which case the blocking refers to payments on the Internet requiring the application of strong customer authentication;
6.5.6.other cases provided for in the General Conditions.
6.6. The Cardholder declares that they have been notified of the obligations of the Issuer in connection with the legislation and measures against money laundering and terrorist financing and the application of these measures, including providing identification documents of its clients. The Cardholder undertakes to provide all documents required by the Issuer through the Representative, necessary for performing a certain payment operation, according to the applicable legislation on measures against money laundering, including declarations of origin of funds. The Issuer has the right to refuse the execution of a payment operation for which the necessary documents have not been presented, as well as to block the Card with which a payment operation has been performed in violation of these requirements.
6.7. The Cardholder undertakes to provide accurate, true, and up-to-date data, information, and documents required from them by the Issuer, through the Representative, including a declaration on the origin of funds and a declaration on property status, a declaration under Art. 42, para. 2, item 2 of the LMML, a know-your-customer questionnaire, and others, in connection with the internal rules for the prevention of money laundering and terrorist financing. In case of reissuance of the identity document, the Cardholder is obliged to immediately provide a copy of it to the Issuer through the Representative, even if this was not requested by the Issuer.
6.8. The Cardholder's request to unblock the Card will be processed if the Issuer deems it appropriate given the reason for its blocking. The Issuer may also unblock the Card without a request from the Cardholder on the initiative of the Representative, if the Representative requested the blocking. If the blocking of the Card occurred due to the fault of the Cardholder, they owe a fee according to the Tariff.
6.9. The Cardholder bears the losses related to all unauthorized payment operations resulting from the use of a lost, stolen, or misappropriated payment instrument, when they failed to protect the personalized security features of the Card, up to a maximum amount of EUR 50.
6.10. The Cardholder bears all losses related to unauthorized payment operations if they caused them through fraud or non-fulfillment (intentionally or due to gross negligence) of one or more of their obligations under item 5.4, item 6.2, or item 6.3. In these cases, the Cardholder bears the damages regardless of their amount. The failure of the Cardholder to notify the Issuer as provided in item 6.3 constitutes gross negligence.
6.11. After due notification in the manner of item 5.6, the Cardholder bears no property damages occurring after the notification and resulting from the use of a lost, stolen, or misappropriated payment instrument, except in cases where the Cardholder acted through fraud or under gross negligence.
6.12. In the event of a dispute regarding the specific conditions of the purchase of goods and/or services, delivery terms, prices, warranty conditions, insurances, periodic and subscription payments, etc., the Cardholder is obliged to contact the merchant first to resolve it.
6.13. The Issuer corrects an unauthorized or incorrectly executed payment operation only if the Cardholder notified it without undue delay after learning of the operation that gives rise to the possibility of asserting their rights, but no later than 13 months from the date of debiting the Payment Account. The exercise of any of these rights constitutes a contestation of the payment operation. The contestation is made through a request to the Issuer, through the Representative, in writing, containing a detailed description of the circumstances in connection with the contested payment operation. In these cases, the Issuer bears responsibility under Art. 91, 92, 93 para. 1 of the PSPSA. The Cardholder loses the rights described in this point if they have not notified the Issuer of the unauthorized or incorrectly executed payment operation under the conditions of this point. It is deemed that the Cardholder learned of the unauthorized or incorrectly executed payment operation at the latest with their notification about it according to item 5.3 of these General Terms and Conditions.
6.14. Contestation can be made due to an error or irregularity in the data regarding the payment operation, which is due to an incorrect recording by the Issuer, or in cases where the Cardholder claims that they did not authorize the execution of the payment operation, or that an incorrectly executed payment operation is present. In these cases, Art. 78 of the PSPSA applies.
6.15. The Issuer, through the Representative, sends a written notification to the Cardholder upon a final decision on the contestation upon completion of the procedure before the Card Scheme with which the Card is branded. The Cardholder can inform themselves from the Issuer at any stage of the review of the contestation of the payment operation. If it is proven that the contestation is groundless, a fee for groundless contestation according to the Tariff is deducted from the Payment Account.
6.16. In case the payment operation is for a recurring payment initiated by the merchant, the Cardholder can request a refund of an amount under an executed operation, under the conditions of Art. 82 of the PSPSA, when the operation was performed after withdrawal of consent for it by the Cardholder to the respective merchant or the operation is of a value that is different from the value for which the Cardholder gave their consent.
6.17. In case the Issuer does not establish indisputably the authenticity of the payment operation, its exact registration, accounting, as well as that the operation was not affected by a technical failure or another deficiency, the value of the contested payment operation is restored immediately, but no later than the end of the next business day, after it noticed or was notified of the operation, except when the Issuer has reasonable suspicions of fraud and notifies the respective competent authorities about this. When necessary, the Issuer restores the amount on the Card, so that the Payment Account is in the state in which it would have been if the unauthorized payment operation had not been executed. The value date for crediting the Payment Account is no later than the date on which the account was debited with the amount of the unauthorized payment operation.
6.18. The Issuer bears no responsibility in case of refusal by third parties to accept payment with the Card or if a payment initiated by the Cardholder cannot be performed with the Card due to technical, communication, or other reasons beyond the control of the Issuer. In the event that the refusal of third parties to accept payment with the Card is in contradiction with the rights of the Cardholder under Regulation (EU) 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card-based payment transactions, hereinafter referred to as "Regulation (EU) 2015/751", the Issuer will assist the Cardholder to impose sanctions on the violators, after receiving information from the Cardholder about the case. According to Regulation (EU) 2015/751, it is prohibited to impose discriminatory fees or refuse to accept payment with the Card if the respective merchant has indicated with stickers that it accepts payments with cards from the respective Card Scheme.
6.19. The Issuer bears responsibility to the Cardholder, according to the General Terms and Conditions and the rules of the PSPSA, for the exact execution of payment operations related to the Card.
6.20. The Issuer processes the personal data of the Cardholder on the ground of and in accordance with the GDPR. Detailed information about the purposes and legal basis for the processing of personal data and the period for which they are stored; the categories of recipients of personal data; the rights of the Cardholder as a data subject, as well as information about the way they can be exercised, contact information with the data protection officer and any other information that concerns data protection on the occasion of the legal relationship between the Cardholder and the controller, is contained in the Privacy Policy, which is available on the website of the controller, and upon request – can also be provided on a durable medium by the Representative. By signing the General Terms and Conditions, the Cardholder declares that they have familiarized themselves with the Privacy Policy and are aware of the information regarding the processing of their personal data by the controller.
6.21. In fulfillment of the requirements of Commission Delegated Regulation (EU) 2018/389 of 27.11.2017 supplementing Directive (EU) 2015/2366 of the European Parliament and of the Council with regard to regulatory technical standards for strong customer authentication and common and secure open standards of communication ("Delegated Regulation"), a condition for performing electronic payment operations, such as payment on the Internet with the Card, is the successful confirmation of the payment operation through one of the processes described in item 6.21.1 or item 6.21.2 in all cases for operations requiring the application of strong customer authentication of the Cardholder, according to the Delegated Regulation and the exemptions provided therein and applied by the Issuer. Regardless of the process used below for applying strong customer authentication of the Cardholder, the responsibility to the Cardholder for the execution of payment operations with the Card is borne by the Issuer:
6.21.1. When the Cardholder initiates a payment operation on the Internet by entering their card data, they will receive a notification for confirmation of the operation through their Mobile Application. The notification contains information about the recipient and the value of the initiated payment operation in the currency in which it is performed. After the Cardholder familiarizes themselves with the information, they must confirm the payment operation, within 5 minutes of the notification, through applying strong customer authentication in the application (includes the use of the following elements: (i) inherence - Biometric data of the Cardholder, such as a fingerprint, face, or other, depending on the technical characteristics of the mobile device used on which the Mobile Application is installed and the choice of the Cardholder; or (ii) knowledge - a personal identification code that only the Cardholder knows and uses for the Mobile Application; and (iii) possession - the Mobile Application itself, linked to the Cardholder and the mobile device used by them). In case the payment operation cannot be confirmed through the Mobile Application, it is confirmed according to the procedure of item 6.21.2.
6.21.2. When the Cardholder initiates a payment operation on the Internet by entering their card data and within 5 minutes the process of strong customer authentication through the Mobile Application is not completed, the Cardholder is redirected to a page for entering an ePIN and a one-time Internet Payment Code. The Issuer generates the one-time Internet Payment Code and sends it to the mobile phone number provided by the Cardholder, together with information about the recipient and the value of the operation in the currency in which it is performed. The received Internet Payment Code is valid only for this specific operation and within 5 minutes of its sending, during which time the Cardholder can confirm the operation by entering it together with the ePIN.
6.22. The Issuer bears no responsibility whatsoever for payments on the Internet performed with a successfully completed process of strong customer authentication of the Cardholder in any of the following cases: the Cardholder has changed the mobile phone number provided by them, of which they did not notify the Issuer; the Cardholder has provided their phone/Mobile Application for use to a third party; the Cardholder has shared their ePIN with a third party, or has compromised its security, of which they did not notify the Issuer; the Cardholder has shared/provided elements for strong customer authentication to a third party. Strong customer authentication of the Cardholder is also made in cases where: (i) the value of a remote electronic payment operation is below EUR 30, but the cumulative value of previous remote electronic payment operations initiated by the Cardholder from the moment of the last use of strong customer authentication would exceed EUR 95 or equivalent in another currency, or (ii) the number of previous remote electronic payment operations initiated by the Cardholder from the moment of the last use of strong customer authentication does not exceed 5 consecutive individual remote electronic payment operations.
6.23. In case, due to objective reasons, the Issuer has a suspicion of or in the presence of: fraud and/or a threat to security, and/or non-fulfillment of the General Terms and Conditions, and/or abuse, and/or unauthorized use of the Card, and/or other security considerations, and/or in compliance with active legislation, the Cardholder agrees that the Issuer has the right, as a temporary measure, to: suspend or limit the provision of payment services, including to block the Card/funds, and/or to restore funds to the account of the orderer, and/or to require the provision of documents/information from the Cardholder. In these cases and with the aim of clarifying and resolving the case, the Cardholder and the Issuer communicate using the most secure of the methods for carrying out communication under item 5, unless restrictions exist for this due to security considerations or regulatory requirements. In all cases, the Cardholder is obliged to assist the Issuer. The temporary measure under the previous sentence continues, depending on the case, until corresponding performance by the Cardholder, or provision of documents or information requested from them (genuine, true, and up-to-date), or until the completion of corresponding procedures or proceedings before competent state authorities, operators of payment systems, the Card Scheme, or until the elimination of the corresponding reason.
VII. AMENDMENT AND TERMINATION OF THE GENERAL TERMS AND CONDITIONS
7.1. The Issuer has the right to make unilateral changes to the Framework Contract, and at least two months before the date on which the changes will enter into force, it shall publish the changes on the website of the Representative under item 1.1, as well as in the Internet Profile or Mobile/Web application of the Cardholder. Within the same period, the Issuer provides information about the changes made to the Cardholder on a durable medium through the Representative via the channels under item 5.3. Whichever channel is chosen by the Issuer for notification within the meaning of the previous sentence, it is deemed that the Cardholder is notified of the change made. The current edition of the Framework Contract, with a note of the latest changes, is always available to the Cardholder on a durable medium on the website of the Representative under item 1.1, as well as in the Internet Profile/Mobile/Web application of the Cardholder.
7.2. When the changes in interest rates, exchange rates, or due fees and commissions are more favorable to the Cardholder, the Issuer has no obligation to send a notification or announce the amendment in another way before its entry into force. Upon a change in the regulatory framework governing relationships regulated in the Framework Contract, from the entry into force of the change, the affected provisions of the Framework Contract are also changed accordingly, unless the change is regarding statutory provisions that give freedom to contract. When the Issuer changes the Framework Contract due to expanding the scope of the provided payment services, it is deemed that the Cardholder has expressed consent to the changes by using the new services for the first time. In these cases, the changes are not provided in advance to the Cardholder according to the procedure of item 7.1 and they have no right to terminate the Framework Contract according to the procedure of the previous point.
7.3. It is deemed that the Cardholder has accepted the changes under item 7.1, unless before the date of their entry into force they notified the Issuer that they do not accept them. If they do not accept the changes, the Cardholder has the right, by a written statement addressed to the Issuer or the Representative, to terminate the Framework Contract at any time before the date on which the changes are proposed to enter into force, without bearing responsibility for expenses and compensations and without complying with the notice period under item 7.5.1.
7.4. The Cardholder can obtain the current edition of the Framework Contract at any time by printing it from the website of the Representative under item 1.1, as well as request it on a durable medium from the Representative.
7.5. These General Terms and Conditions are indefinite and have effect until their termination as follows:
7.5.1. with a one-month written notice from the Cardholder to the Issuer, provided that the Cardholder has fully settled all their obligations to the Issuer under any other contract concluded with it. In this case, the Cardholder is obliged to immediately return the Card to the Issuer; or
7.5.2. with a two-month written notice from the Issuer to the Cardholder, which is provided to the Cardholder on a durable medium; or
7.5.3. unilaterally by the Issuer, without notification to the Cardholder, with immediate effect, through closing the Card by the Issuer, in case of non-fulfillment of any of the obligations of the Cardholder under the General Terms and Conditions or any other contract concluded between the Cardholder and the Issuer; or
7.5.4. with a notification from the Issuer to the Cardholder with immediate effect, in case of an order of a state body or an established unacceptable risk for continuing business relationships, according to the internal rules of the Issuer for prevention and money laundering and terrorist financing; or
7.5.5. immediately after the Issuer learns that the Payment Account is closed under the terms and conditions of the contract for its opening concluded between the Cardholder and the Representative.
7.6. The termination of the General Terms and Conditions does not release the Cardholder from their financial obligations to the Issuer.
VIII. PROCEDURE FOR LEGAL PROTECTION
8.1. In case the Cardholder has complaints or objections related to the services provided by the Issuer under these General Terms and Conditions, they can submit a complaint electronically to the email address of the Representative or in an office of the Representative, containing a detailed description of the facts and circumstances that according to the Cardholder are the basis for their claim. The Issuer processes the complaint within 15 business days of receiving it and sends its written decision on it to the Cardholder through the Representative. By exception, when the Issuer cannot express an opinion within the period of the previous sentence, for reasons beyond its control, the Cardholder receives a response clearly stating the reasons for the delay, as well as the period within which they will receive the decision on their complaint. In all cases, the period for receiving a decision cannot exceed 35 business days from receiving the complaint. Complaints of the Cardholder related to their contract with the Representative for opening the Payment Account should be addressed directly to the Representative. The Issuer bears no responsibility in connection with contracts concluded between the Cardholder and the Representative (for example, the contract for opening and maintaining the Payment Account, for using the functionalities of the Internet Profile or the Mobile Application, or other similar ones).
8.2. If the Issuer does not express an opinion within the periods of the previous point or the decision does not satisfy the Cardholder, the dispute can be referred for consideration by the Conciliation Commission for Payment Disputes at the Consumer Protection Commission at the address: 1 Vrabcha St., fl. 3, 4 and 5, Sofia 1000, tel. +359 2 933 05 77, fax +359 2 988 42 18, or electronically via an online form on the website of the Consumer Protection Commission at https://kzp.bg/, as well as via the Consumer Dispute Resolution Platform at https://ec.europa.eu/consumers/odr. Additional information about the Conciliation Commission for Payment Disputes and the conditions for its referral can also be found at https://abanksb.bg/pkps/.
IХ. GENERAL CLAUSES
9.1. In the event that the Cardholder has agreed to the terms of another contract for access to the Payment Account proposed by the Issuer, the Cardholder is obliged to comply with it, as they are obliged to comply with the terms of these General Conditions.
9.2. The Cardholder agrees that the Issuer may transfer to third parties all its rights and obligations arising from the General Conditions. For the purpose of preserving the guarantees for the Cardholder, a transfer under the preceding sentence may be carried out only to a third party meeting all legal requirements to provide the services under the General Conditions.
9.3. In case a court or a competent authority finds that a certain clause or part of such in these General Terms and Conditions is invalid, illegal, or inapplicable, that clause, or part of it respectively, is considered non-existent to the extent necessary. In this case, the validity and applicability of the other clauses or parts of clauses of the General Terms and Conditions respectively will not be affected.
9.4. Active law of the Republic of Bulgaria applies to issues unregulated in these General Terms and Conditions. The Cardholder enjoys the protection afforded to them by the provisions of the law of the country bound by the application of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), in which their habitual residence is located, which provisions cannot be derogated from by choosing the applicable law under the previous sentence. All disputes between the Cardholder and the Issuer that cannot be settled by agreement between them or through an out-of-court procedure shall be resolved by the competent Bulgarian court or in the courts of the place of residence of the Cardholder, if it is in a country bound by the application of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.