General Terms and Conditions for the provision of prepaid cards through Lofina Ltd.
Status: August 2019
(1) Lofina Ltd., registered address: 22 Anglesea House, 63 Caryfort Avenue, Blackrock, Dublin, Ireland, Company Reg. Number 633273 (“Lofina”, “we”, “us”), gives you (“you” or “customer”) the opportunity to obtain a prepaid card on Mastercard® basis (the “prepaid card”). For this we provide one or various landing pages (the “landing page”) where you can register and order the prepaid card.
Since the prepaid card is made individually for you (embossed with your name), the production of the prepaid card is done separately based on an independent contract with the issuer (see par. (2)).
With the order of the prepaid card you also conclude a contract with us and accept these General Terms and Conditions as part of the contract. Further information about Lofina can be found in the Imprint.
(2) The prepaid card is provided by us. The prepaid card is issued by Wirecard Card Solutions Ltd. („WDCS“ or the „issuer“), a company under English law with registered seat 3rd Floor, Grainger Chambers, 3-5 Hood Street, Newcastle upon Tyne, NE1 6JQ, Great Britain, registered at the English Companies House under the number 07875693. WDCS is subject to supervision by the English Financial Conduct Authority and holds a licence as electronic money institution in accordance with the English law (FCA company reference number 900051). WDCS exercises this licence by way of the so-called EU passport for financial services in the European Economic Area (EEA).
HD CARD SERVICES Ltd., registered address: 33 Cavendish Square, W1G 0PW, London, United Kingdom (“HDCS”) is charged with the technical administration of the card business by WDCS, as so-called Program manager. When ordering the prepaid card, additionally to the user contract, which includes these terms and conditions, a contractual relationship comes about between you and the issuer (the “prepaid card contract”).
(3) When ordering the prepaid card, we will bill you for and collect for the issuer a onetime fee for the provision and production of the prepaid card, as well as possible shipping costs. The costs incurred are displayed to you on the landing page when ordering the prepaid card. Furthermore, we will ensure the shipping of the prepaid card to you if you fulfil the requirements of the prepaid card contract and the verification by the issuer does not disclose any circumstance opposing the provision of the prepaid card to you.
(4) The following General Terms and Condition (here “GTC”) regulate the rights and obligations of Lofina related to the provision of the prepaid card to you.
(5) We can always change these GTC, including regarding further conditions. We will notify you in writing or by e-mail about changes of these GTC. Should you not object to such changes within six weeks of receipt of the notification, the changes are considered to be agreed upon. The right to object and the legal consequences of silence are separately pointed out to you in case of changing the GTC. In case of changes, the new version of the GTC can be seen from the effective date also under GTC for the Provision of Prepaid Cards.
(6) Lofina strives to keep the landing page accessible over the internet as continuously as possible. Based on the technical nature of the internet, however, an uninterrupted accessibility of the landing page is not owed. Lofina does not especially warrant any success of the respective access to the landing page, as well as of your order for a prepaid card. If and under which contractual conditions and regulations the issuer or HDCS will provide you with the prepaid card represents the sole decision of WDCS and HDCS and of the form of your prepaid card contract.
(7) To order your prepaid card you must go through the registration process predefined on the landing page.
(8) When ordering the prepaid card, the customers must provide their personal data, including address, phone number, birth date, nationality, e-mail address and possibly further data. As part of the order, Lofina does not enquire any data exceeding the requirements of the issuer or of the relevant supervisory authority. Depending on the design of the landing page and depending on the offer we will eventually distinguish between purchaser and card holder. In this case, the data of the purchaser and of the card holder may differ and are partially collected twice.
With the completion of the order of the prepaid card, the customer makes a binding offer to complete a contract with Lofina regarding the services of Lofina described in these GTC and expressly agrees to the validity of these GTC. The customer may access and save these GTC in this context. Lofina confirms to the customer by e-mail a receipt of the order for the prepaid card. The receipt confirmation does not represent acceptance of the offer to complete the contract. Lofina reserves the right to check the customer data and to decide about accepting the contract offer based on the verification. Upon conclusion of the verification and positive decision on accepting the contract offer, Lofina confirms acceptance of the offer by means of an e-mail addressed to the e-mail address given by the customer, by written notification via post or directly by shipping the ordered card.
(9) The customer has the obligation to enter the data collected according to (8) truthfully and completely, respectively to check the data used by Lofina when registering or ordering the prepaid card for correctness and completeness, if and to the extent to which these are not labelled as optional details. If the data collected after ordering the prepaid card according to (8) change, are or become incorrect or incomplete, the customer has the obligation to immediately update their data to this effect or to otherwise communicate the changed data to Lofina. The specification of artist names, pseudonyms or other invented names as part of the name mentioned is not allowed.
(10) Lofina is no contracting party of the contract between customer and issuer or HDCS, it merely provides the possibility for completing the prepaid card contract and collects the payment for this.
(11) The processing of the contract between issuer or HDCS and customer regarding the issuing of the prepaid card, as well as the use of the prepaid card and its function is the sole responsibility of the respective customer and of the issuer or HDCS. For the prepaid card contract Lofina does not take any guarantee of fulfilment neither a liability for defects. Lofina has absolutely no liability with regard to the functionality of the prepaid card.
(13) The copyright and exclusive right of use for public objects created by Lofina (web pages, scripts, programs, graphs), especially for the landing page, remains solely with Lofina.
(14) Copying or usage of elements of the landing page in other electronic or printed publications, especially on other websites is not allowed without the explicit consent of Lofina. All documents, information, and objects of the contract created during its initiation and contractual services is protected by copyright, trademark, and other laws of both Ireland and foreign countries and belongs exclusively to Lofina, unless otherwise agreed to in writing.
(15) The liability of Lofina towards the customer is excluded for damages which arise to legal interests other than life, body or health, as far as the damages are not based on intentional and grossly negligent behaviour of Lofina, one of their legal representatives or one of their vicarious agents and the behaviour is also no violation of contractual obligations. Essential contractual obligations are obligations whose fulfilment mainly allows the proper performance of the contract in the first place, and the observance of which the client may rely on, regularly. The liability for such violation of an essential contractual obligation is limited to the usual contractual damages, which Lofina must count on arising when completing the contract according to the currently known circumstances. The exclusions and limitations of liability set forth above shall not apply in the event that explicit guarantee is given by Lofina as well as in the event of claims due to absence of assured features if claims arising from product liability laws are concerned.
(16) Lofina will not be liable for disruptions not caused by Lofina regarding the landing page.
(17) Lofina is liable for loss of data under the above paragraphs only if such loss would not have been avoidable by means of reasonable data backup measures by the customer.
(18) The liability does not extend to impairment of the contractual use of the services performed by Lofina, caused by improper or incorrect use by the customer.
(19) The above limitations of liability apply accordingly also to the benefit of the vicarious agents of Lofina.
(20) Provided the landing page gives a possibility to customer to be forwarded to data bases and websites etc. of third parties e.g. by setting links or hyperlinks, Lofina shall not be liable for the accessibility, condition or security of these database or services, nor for the content of these services, and Lofina shall especially not be liable for the legality, correctness, completeness or topicality, etc. of their contents.
(21) In any case, the customer also has the obligation to reduce damages. This includes timely notification of damages as part of the further damage minimisation.
(23) The contract underlying these GTC expires once the possibility to order a prepaid card is fulfilled, i.e. by completion of the prepaid card contract upon payment for the prepaid card by the customer.
(24) Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Card Ordering Process described and supersede and replace any prior agreements we might have between us regarding the Card Ordering Process.
(25) These GTC shall be governed and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.