Terms of Purchase of myPOS Product
Last update: 28.07.2022
Parties to these Terms of Purchase of myPOS Product are “PAGOAHORA” S.L., a company established under Spanish law, registered with the Barcelona Register, under company number B67816264, with registered address: Calle Gaziel 29, 08017, Barcelona, Spain (referred to as “we”, “us” or “our/s”) and the merchant who is not a consumer (referred to as the „Client“, “you” or “your”) (together, „the Parties“).
Subject of the Agreement
This Agreement regulates the online sale, payment, delivery and the right of return of any model of myPOS Terminal and other related accessories and products (referred to as “Product/s”) purchased by you via the online store on spain.mypos.com.
This Agreement does not regulate the provision of payment and electronic money services by myPOS, such as, but not limited to, access and use of myPOS online account and use of all payment services, which are subject to a separate Legal Agreement for myPOS Service, available on mypos.com under Section Legal.
By clicking “Accept” or “Agree” where this option is made available to you during the steps of placing an order for products via the myPOS online store at spain.mypos.com and which you hereby adopt as your electronic signature you consent, you agree to the present Terms of Purchase and therefore the electronic document of the Agreement is deemed as duly signed by you. The full use of myPOS Service as set forth in the Legal Agreement for myPOS Service is dependent on the completion of the registration of the Client with the respective payment service provider. By accepting these Terms of Purchase and/or by purchasing the Product the Client does not obtain any right to access or use the myPOS Service.
1.1. In order to be eligible to purchase myPOS products at spain.mypos.com, you need to: (i) be a resident of Spain; (ii) have full legal capacity to enter into a contract; (iii) not be present on any black list or sanctions lists, related to AML/FT purposes, officially published and notified by Regulators or our black lists of card fraudsters or black lists of Card Organizations; and (iv) use the myPOS product for your legal business or professional activity.
1.2. In order to use the myPOS Terminal that you purchase for its purpose of accepting card payments, after you buy it from us, you will be required to sign-up for myPOS account, agree to the Legal Agreement for myPOS Service and successfully complete the identification and verification procedures, carried out by the payment service provider supporting the payment services of the myPOS Terminal.
1.3. The act of purchasing a Product from our online store does not guarantee that you will be eligible client for the myPOS Service. You acknowledge and accept that the product allows you to use payment and e-money services, provided by licensed payment service provider, which are subject to strict AML/FT and other regulatory rules. As a result, the payment service provider may request additional information from you prior or after delivery of the product or during the time of its activation. We shall not be held responsible if, for any regulatory reasons, the payment service provider does not activate the product and rejects you to be user of myPOS Service.
2.1. All Orders are subject to availability and confirmation of the order price.
2.2. Product description: We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content at spain.mypos.com is accurate, complete, reliable, current, or error-free. If a product offered by us itself is not as described, your sole remedy is to return it in unused condition.
2.3. In order to make a valid Order, you must indicate the type and quantity of ordered products, valid address for delivery ("shipping address") in Spain and invoice details, as well as other information requested by us upon online purchase.
2.4. When the Order is submitted and paid, you will receive a confirmation which will contain details regarding the placed order of product (name and type of the product ordered, number of the products ordered, single price of the product ordered, total price of the product ordered, including VAT and shipping costs and similar details).
2.5. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. Invalid or incomplete orders shall not be processed by us.
2.6. The order may not be completed in the event that:
The product/s you chose is out of stock;Terms and conditions legal text...
No payment is made by you or you have not specified the payment method;
You have specified wrong or incomplete shipping address;
You have not provided all the required information including a valid mobile number and/or a valid e-mail address.
3.1. You must pay in advance any purchased Product via one of the payment methods accepted by us as described in the online store. All the prices that appear at spain.mypos.com are VAT excluded, unless stated otherwise. We are entitled to change the prices of the types of myPOS Terminals upon our sole discretion without prior notification to you.
3.2. The total price of the ordered product/s will include VAT and the shipping fees. You will be provided with a detailed invoice describing separately the shipping fees.
3.3. While we try and ensure that all details, descriptions and prices that appear on the spain.mypos.com are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered you will be informed of this as soon as possible and you will be given the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
3.4. The Product remains our property until pay to us the full price, including shipping costs (if applicable) via some of the accepted methods of payment at which point the property of the Product is assigned to you.
4.1. We shall ship the Product that you ordered to the address that you have specified as shipping address at the time when you submitted the order.
4.2. We shall ship the ordered products, within a reasonable period of time and subject to availability of types and quantities kept on stock at the time of order. In case the ordered products cannot be shipped within а reasonable term (more than 30 days), we shall inform you promptly via e-mail or mobile phone. However, dispatching time may vary according to availability and subject to any delays resulting from postal/courier delays or force majeure for which we will not be responsible. We shall not be held liable for lack of quantity or any delay.
4.3. You are obliged to accept the shipment of products on time and at the shipping address specified by you when you submitted the order. In cases where the ordered product is returned to us after it reached your address but was not handled due to your absence or any other failure on your behalf to receive it, you accept that any costs incurred for storage and returning the product to us, its reshipment to your address after your requests or any kind of additional transportation shall be covered by you.
4.4. It shall be considered that a delivery is duly performed and the Products handed over correctly if we deliver the packages to a person found on the shipping address specified by you, who appears to be authorized to receive the delivery.
4.5. Upon receipt of the Product/s you are obliged to check without delay the integrity of the shipment.
5.1. For all matters related to the return of the Product the Return Policy shall apply accordingly.
5.2. myPOS warrants that on delivery and for a period of twelve (12) months from the date of delivery, the Product shall be free from any material defects in design, material and workmanship in accordance with the applicable statutory provisions. For further regulation of the warranty you may review the Return Policy.
6.1. Use of the myPOS Software & Hardware (Our Software & Hardware). You may use Our Software & Hardware solely for purposes of enabling you to use and enjoy the myPOS Services as provided by us, and as permitted by the present Terms of Purchase and by the Legal agreement for myPOS Service. You may not incorporate any portion of Our Software & Hardware into your own programs or hardware/devices or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license or otherwise assign any rights to Our Software & Hardware in whole or in part. You may not use Our Software & Hardware for any illegal purpose. We may cease providing any of Our Software & Hardware and we may terminate your right to use any of Our Software & Hardware at any time. Your rights to use Our Software & Hardware will automatically terminate without notice from us if you fail to comply with any of these Terms of Purchase or with the Legal Agreement for myPOS Service. Additionally, third party terms contained within or distributed with certain Software & Hardware that are specifically identified in related documentation may apply to Our Software & Hardware (or software incorporated with our Software & Hardware) and will govern the use of such software in the event of a conflict with the present Terms of Purchase. All software used in any myPOS Service is our intellectual property or property of our affiliates or of our licensors and is protected by the EU and international IP laws.
6.2. Third-Party Service Providers. When you use the myPOS Software & Hardware, you may also be using the services of one or more third-party service providers. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.
6.3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with Our Software & Hardware, whether in whole or in part, or create any derivative works from or of Our Software & Hardware.
6.4. Updates. In order to keep our Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
7.1. You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
7.2. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
8.1. The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain our property or property of our licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by us or our licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
9.1. Parties shall be liable for any direct harm that results from the deliberate or grossly negligent violation of these Terms of Purchase by any of the Parties or any of its affiliates in accordance with the applicable statutory provisions. We shall not be shall be liable for any indirect harm.
9.2. Force Majeure. We shall be exempt from any obligations under these Purchase Terms if completion of these obligations is hampered due to any circumstances that are outside of our control and that could not reasonably have been foreseen
10.1. We shall have the right in our absolute discretion at any time and without notice to amend, remove or vary the content, products and offers that appear on this online store.
11.1. We operate complaints handling procedures which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
12.1. Our privacy policy, which sets out how we will use your information, can be found at mypos.com, Section GDPR. By clicking a button or checking a box, which are followed by the expression “I have read and understood the Privacy Policy” and which shall be construed as your valid electronic signature, you acknowledge you have been informed about the contents of this Privacy Policy.
13.1. Disclaimer as to ownership of trademarks, images of personalities and third-party copyright: Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with us you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.
13.2. If any part of the Terms of Purchase is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Purchase will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
13.3. The above Terms of Purchase constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.
13.4. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
13.5. This Website may contain links to other websites (the "Linked Sites"), which are not operated by us. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
13.6. The present contract and the relationship between both parties arising from it shall be governed by Bulgarian law. The place of general jurisdiction for any legal disputes under these Purchase Terms shall be City of Sofia, Bulgaria.
Definitions
“PAGOAHORA” S.L., a company established under Spanish law, registered with the Barcelona Register, under company number B67816264, with registered address: Calle Gaziel 29, 08017, Barcelona, Spain.
"Product" means a hardware POS device included in a special package (“myPOS Package”) which may also contain original manufacturer accessories, such as cables, charger and a battery, Technical Specifications, Quick User Guide and Activation Instructions. Products may also be separate accessories as may the Client select them during the ordering process on the online store;
"myPOS Terminal" means the POS terminal, included in myPOS package, certified by the Card organization, enabled to acquire payments everywhere and not fixed to a certain business location, which uses Internet connection in order to accept card payments and operate. We provide a range of POS terminals with different characteristics communicating via Bluetooth, Wi-Fi, USB, GPRS, with or without receipt printer, with or without apps, as available on the website. The Technical Specification for the specific type of mobile terminal is included in each myPOS package and provided on the website for the Service.
"Services", "myPOS Service", means the e-money and payment services for acquiring of payments with cards with the logo of the Card Organizations and settlements of proceeds to account for e-money of Client. myPOS Service is designated to Clients for acquiring of card present transactions and myPOS Online is designated to Clients for acquiring of online payments card-not-present. The Services also include the account for e-money, used to receive the proceeds from acquiring and money transfers, as allowed by the Service and the Business Card. myPOS Service is regulated under a separate Legal Agreement for myPOS Service available at mypos.com.