General Terms and Conditions "FS.Pay"
FS.Pay Terms and Conditions | prototype | As of 21.01.2016 1
General Terms and Conditions "FS.Pay"
The Volkswagen Bank GmbH, Gifhorner Str. 37, 38112 Braunschweig (hereinafter referred to as
"Volkswagen Bank" or "Bank") ( "you" / "you" or the "User")
Of the pilot undertaking for a period of at least six months (pilot period), the use
Of the new payment method "FS.Pay" at the following conditions.
These terms and conditions govern the use of this service during the pilot period.
The offered payment system of the bank is a service for electronic
Money (e-money). The bank will provide you with a so-called "e-money account" (hereinafter referred to as "account"
), On which electronic money in accordance with the E-Money Directive, 2009/110 EC
Can be booked.
To participate in the system, you must log in to the FS.Pay app or on the
FS.Pay web site, affiliate affiliate or their web pages. requirement
Is that you have the FS.Pay app or another app with an integrated FS.Pay payment function
The App Store, the Google Play Store on a mobile device (smartphone, (mini) tablet with Android,
Apple iOS), and also have an Internet connection
System has established a stable connection.
For the use of the payment system between three customer types with different
Scope and different minimum requirements for the registration.
The information required for each type of customer is described under 3. Customer registration.
After registering as a starter customer you can pay up to a limit of € 100.00 per month:
At the acceptance points attached to the FS.Pay payment system
With other private FS.Pay users (customer type at least basic)
Exchange e-money, receive e-money, or transfer e-money
The Wallet account by transfer from a giro account or by credit card up to one
Amount of 100 € per month at unused acceptance points
After registration as a basic customer, you can pay up to a limit of € 200.00 per month:
(a) pay for the acceptance points connected for the FS.Pay payment system
(b) with other private FS.Pay OVERALL (customer type at least basic)
Exchange e-money, receive e-money, or transfer e-money
(c) the Wallet account by transferring funds from a checking account, by charging via direct debit
Or credit card from the app
After registering as a premium customer, you can:
(a) pay unlimited at the acceptance points connected for the FS.Pay payment system
(b) with other FS.Pay OVERALL (customer type basic minimum) exchange e-money, e-money
Receive, or transfer e-money
(c) the Wallet unlimited via bank transfer from a checking account, by charging
Direct debit or credit card from the app up to an amount of € 1,000 per
In all cases, the bank reserves the right to limit direct debit limits for charging from the app
Respectively direct debits.
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With every payment process, e-money is reduced by the amount dispensed. The system allows
It also allows you to deposit cash at the bank in the form of electronic money to do so at a later date
Time. Each time you recharge, your e-money balance increases by
Amount recovered or recovered. Any fees for payment or
Loading or unloading of the wallet account is subject to the current FS.Pay price performance list
2. Contractual relations
In order to use the system, you must be a natural person who is a mandatory
Contractual relationship between the existing legal situation in Germany
Can You can not use the system, subject to paragraph (2), nor enter into the GTC,
If you are under 18 years of age or otherwise limited in your business.
Minors from the age of 14 can use the system in the variants starter and
Basic use. The reference account to be deposited in the system may only be in the name of the minor
ring. If you do not meet these requirements, continue to proceed and create a wallet account
Or use the Service, these General Terms and Conditions shall apply. (3) Both the FS.Pay website
As well as the payment system are used by the bank to a deposit-guarantee institution regulated in Germany
Operated. Volkswagen Bank GmbH is a full bank authorized pursuant to Sections 1 and 32 KWG,
Supervision of BaFin and the European Central Bank. The activity of the bank and the
Compliance with legal requirements is monitored by BaFin and the ECB.
If you want to open a wallet account, you must first agree to these terms and conditions that apply to a
Legally binding contract between you and us and is relevant to your account and use
Of the system. You are not authorized to use the system if you do not agree to these terms.
Register your signature. When registering via the website www.fspay.de or
Via partners the consent is given by the active menu navigation and by mouse click. The
Registration via the app takes place analogously to the registration via the website.
The General Terms and Conditions are generally always available on our website www.fspay.de. Terms and conditions
Can also be requested at any time via FS.Pay@vwfs.com.
These terms and conditions and thus the contract shall enter into force on the date on which we register your registration
Use of the system after you have completed the registration. We will take you
About our approval of your registration by e-mail notification.
3. Customer registration
(1) You can open a wallet account by filling out the registration form.
The following minimum specifications are required depending on the customer type:
E-mail address and password
Name, first name (s), address, date of birth, place of birth, nationality, mobile number, e-mail address,
Name, first name (s), address, date of birth, place of birth, nationality, family status, mobile number,
E-mail address, bank account, professional group, profession, industry
You may not make false, inaccurate or misleading particulars or information or data
Which you are not authorized to use. If the information provided in the registration and registration form
Legitimation form, in any way, you are bound to the bank
Please contact us via FS.Pay@vwfs.com or the support hotline. The
Bank reserves the right to make changes, which do not relate to the Master Data,
Secure connection. We reserve the right, at any time
Information on your person. Should you miss it or refuse to give us this
Information, this could lead to a usage restriction or a
Lock your account. We will notify you of any restrictions on your use or
Unless we are legally prohibited from doing so.
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Before making payments to your account or from your account, the bank may provide various
Carry out checks to prevent money laundering and / or fraud and to verify that the
Owner of the e-money is the person who is entitled to the e-money according to applicable law
To pay off.
Only one wallet can be opened per person. We reserve the right to hold accounts of those
Users who we assume have opened several Wallet accounts.
4. Use the account
(1) In principle, the management of the Wallet account is free of charge.
(2) Only you are authorized to use your account and service. Any use of your account
By other persons is prohibited. Damages caused by the unauthorized use of third parties
Will be charged to you.
(3) Under no circumstances, the bank has a duty to give you a loan, a
Overcoating frames, or the like.
(4) Neither you as a user nor third persons are entitled to the account or the service in one of the
The following ways:
(a) use fraudulently, or in a manner which constitutes a criminal offense (eg
(b) use in a manner that is contrary to applicable law, or against licenses
Or violate the rights of third parties;
(c) resale, or attempt resale of the Service, or any part of the Service at
Third party, or the attempt to evaluate the service in any way commercially;
(d) use in a way that these Conditions, or a solicitation to you reasoned statement
( "Hacker attacks"),
Impairments of the security or functionality of the service, or this or other
(f) use of lotteries, betting or gaming services that do not have all the necessary licenses
And authorizations to collect, in the relevant legal regulations, lotteries,
Betting or gambling services.
(5) We reserve the right to use procedures at our discretion that any
Violating the terms and conditions. In addition, we can according to our free
Discretion immediately suspend or restrict the use of the service and / or your account
Deny transaction as soon as:
(a) you culpably the service, or use your account in a manner that violates the Terms and Conditions,
Or if you are in breach of the GTC in a different way; (B) We except
A shortfall in your account through the procedure set out in section 6 (2) above
(C) through a regulatory authority, administrative authority, or other public body
To be held.
If we suspend or restrict the Service in connection with this clause,
To the extent that we are entitled to do so under the relevant legal regulations, without delay in
(6) In the event of unlawful use of the Service by you or using your account information can
Notify the bank to the police or other authorities.
5. Deposits and transfers to your account
(1) In order to recharge your Wallet with e-money, you can withdraw money from your reference account to your Wallet
Transfer your debit or debit card or by debiting the credit card
The The load label is limited according to the customer type. The corresponding limits will be
Displayed in the app. In the case of a charge by direct debit, you undertake to do so
Ensure that your reference account has adequate cover.
(2) The charging by direct debit is not for legitimate customers (see. No. 1 para. (2)) only after a
Successful verification of the existence of the reference account, by transferring a minimum amount
With an alphanumeric combination in the intended use. This alphanumeric
Code must be confirmed by the customer to unblock the account. The Bank reserves the right,
To accept other methods for verifying the deposited bank account
Payment system for charge by direct debit within the corresponding limits after detailed
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(3) If the bank a deposit without sufficient information to identify the beneficiary account
To make, the payment is transferred back from the bank to the sender, provided the bank
Sufficient information is available.
(4) The Bank is NO electronic money to unregistered person is NOT in any way
Representative or authorized representative of that person. This person has no claim to the
Payment, unless it registers itself for the service and indicates that it is the payment and this
Terms and Conditions. If the person does not register within 14 days, the
Remitted amount credited.
(5) The Bank is entitled, data relating to the payment method you have chosen to
Verify by selecting a small one according to the selected payment method
To collect or reserve this amount.
(6) The execution time for payment orders is one business day after the order.
6. Information on the identity check at FS.Pay and for data exchange with
Credit bureaus (credit assessment)
Prerequisite for the identity check and the data exchange with credit agencies within the framework of the
Registration is the issuing of a declaration of consent by the customer.
What is an identity check?
To protect our customers from fraud and ensure smooth and secure payments and payments
Data exchange, we carry out identity checks. By using one
If you agree to the identity check, you agree to the personal data provided
Data (currently the first and last name, street and house number, postal code and place of residence as well as
Date of birth) with existing databases from external credit agencies.
Detailed up-to-date information on the nature and the respective credit bureaus with which we are acquiring
Further data exchange or transmission of a possibly different address within the framework of the
Identity checking and storage of your data in the data base of the credit bureaus takes place without another
Your consent is not given. The fact of the review may, however,
To be stored in the database of the respective credit agencies for a specific period of time.
Further information can be found on the website of the respective credit agency.
What is creditworthiness?
Some of our services require that we go for our customers in advance (for example, if you are per
Direct debit or credit products). That is why it is necessary that we ourselves
The willingness to pay and the ability of our customers to pay for certain services
Or in the FS.Pay data protection policy, you will find a current list of credit bureaus in which
We may request credit reports.
What data does the bank request to the credit agencies in the context of creditworthiness?
What data remains with the credit agency?
Follows from the secrecy of the bank and declares itself with the transfer of the following data to external credit agencies like
SCHUFA and / or informa solutions GmbH:
Data to obtain credit information: name, date of birth, address and bank details.
(This data and the fact of the review can be obtained from the credit agency for a particular
Time to be stored in the database for verification purposes.)
If applicable, information about non-contractual conduct on your part: The bank may:
Transfer data about claims due against you. This is permissible if you use the
Due in spite of their due date
Legitimate interests of the bank or third parties and (i) the claim is enforceable
Or you have expressly acknowledged the claim or (ii) you have not received the due date
Claim at least twice in writing, the bank you in time, however
At the earliest at the first reminder, the imminent transmission after at least four
Weeks and you have not contested the claim or (iii) the claim
On the basis of payment arrears by the Bank without notice
Can be terminated and the bank has informed you of the imminent data transfer.
In addition, the Bank may also collect data on other non-contractual conduct (eg
Fraudulent behavior). (These facts are in the database of the credit agency
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And can be used, among other things, to determine your scoring value at the credit agency
If necessary, Further information may be disclosed, as in our then applicable
The transfer of information on income and financial circumstances, account status or individual details
Transactions to a credit agency within the scope of the identity check and storage of your data in the
Data from the credit bureaus does not take place without your consent.
The credit bureaus we work with, including their contact details and others
Information on the use of the data by these credit bureaus and your information on the
Www.fspay.de or in the FS.Pay data protection. Please also inform yourself in the
Relevant provisions of the respective credit agency.
What information does the bank receive in case of creditworthiness on request from the
Of any possible banking secrecy and allow us, within the framework of a
Creditworthiness information to receive the following information from credit agencies:
Confirm the details of your identity, including your name, address, and address
Information on the probable willingness to pay and the ability to pay in the form of a
Scoring value from, for example, personal and demographic data, financial data and
Payment experience to forecast a probability of failure. For the calculation of the
Scoring value can be the credit agency, based on a mathematical-statistical
Procedures, including demographic data.
Information on your bank accounts (here, for example, the system checks whether the details of the bank account
Match the master data from the name and address).
Please check our FS.Pay data protection policy for further information
About you we may receive from external third parties.
What other audits can the bank carry out for risk and fraud prevention? Detailed
Information on the individual credit bureaus and other third parties with whom we are, for example, in the case of risk examinations
And to prevent fraud prevention and to increase the security of our payment services,
You can find our latest FS.Pay data protection on our website www.fspay.de.
7. Failure to pay
When submitting a payment to an acceptance point, you must have sufficient funds in the amount of
Sum to make the payment by the instructed by you
Authenticated payment method is required via the system. Under no circumstances does the bank
An obligation to provide you with a credit, an overdrafting framework, or the like.
The bank is entitled to charge a default fee if a payment or charge, which the
Bank through its selected payment method, is not executed or posted back
(Eg direct debit reimbursement, inadequate coverage of your selected account or non - execution of the account)
Payment request by your financial service provider or for other reasons). A second fee
Is due when the bank makes a second attempt to compensate for amounts due in your account
And this attempt fails. If the bank is guilty of the loss of the payment, it is not entitled to withdraw a
8. Agreement of a lien in favor of the bank
(1) The customer and the bank are in agreement that the bank a lien on the claims
Which are due to the customer from the business relationship within the scope of FS.Pay or in the future
(Eg e-money balances).
(2) Secured claims
The right of lien is used to safeguard all existing, future and conditional claims which the Bank is entitled to
From the business relationship within the framework of FS.Pay against the customer.
9. Payouts and rebates from your Wallet account
(1) We are responsible for all payments for goods and services from your Wallet
Which you purchased from connected acceptance points using this service
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(2) We are not responsible for the products purchased by you in any way. For all
Information regarding the products for which the products themselves and for their delivery to you are
Exclusively the affiliated acceptance points. Charges for all of you
Will be debited from your account immediately upon completion of the purchase. A
Reimbursement of the fees paid is subject to the provisions under 9., no longer thereafter
(3) you can transfer at any time funds from your Wallet account again on your reference account,
By completing the transfer via your FS.Pay application.
(4) Once your FS.Pay App is closed and these Terms are terminated in accordance with paragraph 14 or paragraph 15,
We will only provide you with your account when you request a withdrawal
The total amount to your reference account (no partial amounts).
(5) A return your account balance does not take place.
(6) The Bank is not obliged to you after a period of more than 2 (two) years
Cancellation of your account and cancellation in accordance with section 14 or item 15, which are on your account
Value of money.
(1) To the FS.Pay App recharge from your reference account, we offer basically three
Possibilities to: a.) Transfer, b.) Direct debit and c.) Credit card
(2) The charging of FS.Pay App by bank transfer is free.
(3) Debit and Credit Card: For up direct debits or credit card charge from the App FS.Pay
The deposited external reference account / the deposited credit card will be credited to the FS.Pay -
(4) Remove the level of charges for the part of "FS.Pay" usual services, please consult the
Current fee list.
(5) The current fee schedule can viewed at any time via the website and www.fspay.de
11. Unauthorized or incorrect transactions
In the case of unauthorized, unsuccessful or incorrectly executed payment transactions,
The bank immediately. You only have a right to compensation if you have the
Bank immediately and in any case no later than 13 months after the date of the account debit in
12. Access to the service
(1) The customer is in principle the data on the access Internet available
Access media. Only in exceptional cases should the customer use other access media. Provided
The Bank provides for a limitation of amounts in the access media, it shall inform the
Customers over here. The Bank shall be entitled to extend, supplement,
Or make their use subject to additional requirements. about
The customer is informed in advance in advance. As a technical guide for access to the
Bank provides the customer with a signpost.
(2) The provision of the technical means of access (particularly the Internet of
Customers) does not belong to the services of the bank, even if these accesses services
Of the bank. These technical access routes will be provided by separate
Contracts concluded by the customer with the respective supplier. The bank is responsible for
Disruption of these technical access routes; It does not accept any
Warranty or liability.
13. Amendments to the Contract
The Bank reserves the right to make future changes to these General Terms and Conditions by sending by e-mail,
By publication in the app or by publication of the changed terms and conditions on the FS.Pay website
To give. They shall be notified not later than two months before the date of their entry into force
New terms and conditions will be sent to you by e-mail which contains a link to the new terms and conditions
Date of the new GTC. You should ensure the respective valid GTC
Before you use the FS.Pay payment system.
You hereby understand and agree that your consent to the
Amendments to the contract are deemed to be granted if your refusal is not before the date of the effective date
Of the changes. You may terminate the agreement before the proposed date of
The cancellation of the changes without notice and free of charge.
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14. Communication and communications
If you would like to contact us for any reason, please contact us
Customer service. You will find corresponding contact details on our website www.fspay.de and on
End of these terms and conditions.
Notices and other notifications from the bank to the user can be sent to the
Address or e-mail address provided by the user of the bank. E-mail-
Notices transmitted under this Agreement by the Bank or the User
On the same date as the Bank or User does not receive any notice that the E-
Mail could not be sent.
15. Deletion of the data at the end of FS.Pay
The Bank reserves the right, at the end of the FS.Pay Participation, for the purposes of supervisory law
Transaction data during the FS.Pay-participation according to legal requirements at the bank
To be held.
Existing balances on the wallet accounts are given to the users on their reference accounts
16. Right of termination of the customer
Customers of the starter and basic usage variants may terminate your account or the business relationship,
By sending a message to FS.Pay@vwfs.com by e-mail. Customers of
Premium may terminate your account or business relationship by
To send a written notification to the Bank.
With the effectiveness of the termination, the right to use the payment system ceases to exist.
17. Right of termination of the bank
(1) The Bank reserves the right at any time to close your account and the contract in compliance
To terminate a notice period of two months, provided that such period is not unlawful; or
Adequate security measures and the payment of unrestricted credit balances,
Are not jeopardized.
(2) A right of termination of the Bank arises if the bank's FS.Pay payment system not
More in the country in which you live or from which you have the FS.Pay-
Paying system, or the provision of the system by the bank to you no more
Is economically justifiable.
(3) The Bank has a right of termination with immediate effect,
If you are guilty of breaching these terms and conditions or making payments due
Or if the bank is legally bound to this action (for example, if the
Provision of the FS.Pay payment system to the user is or becomes unlawful).
18. Security / due diligence / suspension
You should never send your username, PIN, or other Kontodaten to other people
pass on. You are responsible for the security of your user name, PIN, and others
And agree to take all reasonable steps to secure such data
And not make them accessible to other persons. The mobile terminal, on the FS.Pay
Is therefore special
Care. In particular, the FS.Pay -PIN may not be stored in the mobile terminal
Or otherwise be kept together with him. To prevent spying of data
Only trustworthy Internet sites and apps with the mobile device can be used.
You must notify us immediately (FS.Pay -Support 0531 - 212 2125) if you are
Suspect that another person is unauthorized in the possession of your mobile device
Your PIN has been reached (lock indicator). Likewise, you must inform us immediately if a
Other unauthorized use of FS.Pay. In this case, we prohibit further use
Your account (lock).
Furthermore, we reserve the right, at our sole discretion, to immediately use the
Service, and / or account, or to refuse a transaction,
as soon as:
a) FS.Pay is used in a way that you, that violates the Terms and Conditions, or if others in a
Manner violates the TOS;
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b) we are unable to a shortfall in the Wallet account through payment collection from her
c) the bank to do so by a regulatory authority, managing authority or other public body
Should we block or restrict the use of FS.Pay in connection with this clause,
We will notify you without delay, in so far as we do so under the appropriate
We will cancel the lock or exchange the access data as soon as possible
Reasons for the lock are no longer present.
We can refuse to execute your payment instructions if we have the reasoned
have suspicion that was in violation of these Terms, or if we are required by law.
We are only at the registration on the FS.Pay application on your
Smartphone / (Mini) tablet and our secure login page under www.fspay.de to enter your
Prompt user name and password data once it is fully available.
We will never ask you by e-mail, by telephone or in some other way, let us know your login information
To communicate Should you nevertheless your FS.Pay PIN prompts notify outside of the app is this
ignoring request and FS.Pay -Support 0531 - to inform 212 2125th
19. Liability of the Bank
(1) The FS.Pay payment system has been carefully programmed and tested. Although the Bank endeavors
ensure a continuous availability, can not guarantee or relative position to
are that the site, which FS.Pay payment system or the Wallet Enduring available and
are error-free. The Bank may, if necessary, adequate maintenance work carried out (what to
can cause downtime).
(2) The Bank is not liable for damages incurred by the user due to improper use of FS.Pay -
Payment system and for damage to the user due to incorrect data, data entry
Data transmission and data processing occur. The authorization of the user is of the
Acceptance points not tested.
(3) The Bank has unlimited liability for damages resulting from injury to life, limb or
Health, or a breach of duty by us, one of our legal representatives
based agents and for damages guaranteed one of us by absence
(4) The Bank also has unlimited liability for damages from him or a her legal representative
or agents have been caused deliberately or by gross negligence.
(5) The liability under the Product Liability Act remains unaffected.
(6) In the slightly negligent breach of contractual obligations, the Bank shall, except in
the cases of Paragraph 17 (3) or section 17 (5) of the amount limited to typical
foreseeable damage. Material contractual obligations are abstract those obligations whose fulfillment
the proper execution of a contract in the first place and on whose compliance
Parties may rely.
20. Liability of the User
You will be liable to us for damages that your part of the Bank due to a debt-infringement
arise against these Conditions. In particular, you will be liable for culpably caused you damage, up to
an amount of EUR 150, which arise as a result of:
unauthorized payments that lost by a lost, stolen or otherwise
Come mobile terminal originated, if not before a blocking request was initiated. they
liable as for damages caused by unsafe storage of your PIN.
You are entirely liable for damages resulting from unauthorized payments in you
fraudulent intent or gross negligence in breach of the duties of care under point
You may not without our prior written consent, none of your rights or any of your obligations under
these Conditions cede. We reserve the right to our rights and / or obligations under these Conditions
cede, by setting in writing of.
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The Bank is not obliged to grant access to FS.Pay payment system anyone
and / or reproach certain functions.
Operation of FS.Pay payment system is within the existing technical and
operational possibilities offered. Additionally involved in the system are product performance external
Service provider. The Bank is therefore not required, the user at any time the availability of the system
The Bank is entitled to the FS.Pay payment system at any time without notice for any reason
adjust. Existing balances on Wallet accounts is, on the respective reference accounts of users
23. Dispute settlement
exist for the settlement of disputes with the Bank in the following ways
(1) Arbitration Board of the Deutsche Bundesbank
The arbitration board at the Deutsche Bundesbank is responsible for complaints from customers
Related to payment transactions, such as transfers, direct debits and
Credit cards and consumer loans. Complaints about payment services and electronic money can of
Residential and business customers are filed. Complaints about distance contracts of
Financial services and consumer loans, however, can only be collected from consumers.
Do not fall into the remit of the conciliation body to distance contracts for insurance. The
Complaint in writing to the conciliation board of Deutsche Bundesbank, Postfach 11 12 36, 60047
Frankfurt to judge.
(2) Federal Financial
There is also for customers always have the option under the following contact opportunities on
to contact the Federal Financial.
1. Send the documents by mail to
Federal Financial Supervisory Authority
2. send the documents by fax to 0228 41 08 15 50
3. Under Use the form on the Internethttps://translate.google.com/translate?hl=en&prev=_t&sl=de&tl=en&u=http://www.bafin.de/ www.bafin.de
4. send the documents by e-mail to email@example.com
24. Jurisdiction and applicable law
Jurisdiction is Braunschweig. Only German law applies.
For further information please contact:
Volkswagen Financial Services AG
Gifhorner Straße 57
Phone support: 0531 - 212 2125
Email: FS.Pay@vwfs.com www.fspay.de
Commercial Register: Amtsgericht Braunschweig
Headquarters: Braunschweig, Germany