PRELIMINARY INFORMATION AND GENERAL TERMS AND CONDITIONS APPLICABLE TO PAYMENT TRANSACTIONS
ONE. About RIA
Ria Payment Institution E.P., S.A.U. (hereinafter, RIA), with registration number (CIF) A- 80696792 and head office located at Calle Cantabria 2, 28108, Alcobendas, Madrid (Spain) is authorised by the Ministry of Economy and Treasury of Spain as a Payment Institution since 28 July 2011 and is authorised to provide payment services in France through its payment services agents in France. RIA holds license number 6842 with Bank of Spain (RIA´s license details can be accessed at www.bde.es). RIA may be contacted by mail at its head office address indicated herein, by phone (+34 91 7613760) or by email at TitularServicioCliente@riafinancial.com.
The purpose of these General Terms and Conditions is to establish the rights and essential obligations between RIA and its customers in the provision of payment services regulated in Act 19/2018, of 23 November, on payment services and other urgent related matters of financial nature (hereinafter "Payment Services Act"), connected with the execution of Payment Transactions by signing, where appropriate, the respective individual contracts establishing the specific conditions applicable to the specific payment service in question (hereinafter, the "Individual Payment Orders").
The following terms used throughout these Terms and Conditions shall have the meaning and scope indicated below:
"Beneficiary" means a natural or legal person or an organization without legal personality having legal capacity under law intended to receive funds from a Sender.
"Business Day" means a day on which the relevant payment service provider of the Sender or the payment service provider of the Beneficiary involved in the execution of a Payment Transaction is open for business as necessary for the execution of the Payment Transaction;
"Customer" means, when RIA acts as a service provider (i) in the sense of "consumer", a Sender, a Beneficiary, or both. As a matter of principle, and unless expressly waived by RIA, the Sender and the Beneficiary are natural persons acting for their personal needs and to the exclusion of any commercial transaction.
"Money Remittance" means a payment service enabling funds to be received from a Sender without the creation of a payment account in the name of the Sender or the Beneficiary, for the sole purpose of transferring an equivalent amount to a Beneficiary or to another payment service provider acting on behalf of the Beneficiary;
"Payment Transaction" means an action, initiated by the Sender or by the Beneficiary, as the case may be, consisting of placing, transferring or withdrawing funds, irrespective of any underlying obligations between the two; and
"Sender" means a person giving a Payment Transaction instruction for the payment of funds to a Beneficiary..
THREE. Scope of application
These General Terms and Conditions apply to the following payment services that are provided in the territory of France:
- Money Remittance
FOUR. Actions of the Customers
When contracting any product or service associated with Payment Transactions, the Customer shall be considered a "consumer" or "non-consumer" as provided by applicable regulations.
FIVE. Information obligations prior to the issuance of a Payment Transaction
The Sender and Beneficiary must provide RIA with all information and documentation requested by RIA necessary to perform the obligations of RIA resulting from provisions of law on the prevention of money laundering and terrorist financing, that may include without limitation the following:
Data relating to natural persons: Full name, surnames, valid and in force identification document (residence card, ID card, passport or valid and in force identification document of the country of origin that includes photograph and signature), nationality, profession, date and place of birth, valid postal address, telephone and purpose for which the Payment Transaction is made.
The Sender must provide data relating to the Payment Transaction specified by RIA in the Individual Payment Order. In case of Payment Transactions in which the funds are placed into a bank account, the Sender must also provide Beneficiary’s bank account number. The Sender undertakes to verify the accuracy and integrity of the data relating to the Payment Transaction it orders RIA to perform the execution of any of the payment services described in Section Three of this General Information, especially as regards the identification details of the Beneficiary and the economic terms of the Individual Payment Order. Individual Payment Order will have a unique number for future tracking or a unique identification number. Such Individual Payment Order for the purposes of the Payment Services Act and relevant local legislation, shall be considered the individual contract that will govern that Payment Transaction.
When a Payment Transaction is executed in accordance with the data received from the Sender and recorded in the Individual Payment Order, it will be considered to have been correctly executed in relation to the specified Beneficiary, and in the case of indicating by the Sender in the Individual Payment Order the Beneficiary’s bank account number – when it has been executed in accordance with such bank account number, regardless of any other additional data provided by the Sender in the Individual Payment Order. If the bank account number provided by the Sender in the Individual Payment Order is incorrect, RIA will not be responsible for the non-execution or defective execution of the Payment Transaction.
Within the scope permissible under provisions of law, RIA will store the copies of the identification documents of the Customers in optical, magnetic or electronic format to guarantee their integrity, the correct reading of the data, the impossibility of their manipulation and their adequate conservation and localisation.
Within the scope required under provisions of law, RIA may request for the amount of the Payment Transaction to be credited into a bank account held by RIA.
Furthermore, enhanced due diligence measures for the identification and better knowledge of the Customers will be adopted if necessary to perform obligations of RIA resulting from provisions of law on the prevention of money laundering and terrorist financing in accordance with law requirements but also in any case when the amount of a Payment Transaction, either individually or accumulated for a certain period exceeds that other amount to be determined by RIA from time to time in line with applicable laws.
In the event that you have at any time selected digital delivery of your receipt, you can select to change this option to receive your receipt in paper form at the time of submitting a Payment Order.
SIX. Expenses and applicable fees
For RIA´s provision of payment services,including Money Remittance, the Customer, whether acting as Sender or as a Beneficiary, must pay RIA the expenses and commissions applicable to the Payment Transaction in question in accordance with the settlement that is carried out in the Individual Payment Order.
The Beneficiary of a Payment Transaction will be paid the full amount recorded in the Individual Payment Order, however the Beneficiary agrees that when RIA is acting as the Beneficiary’s payment service provider RIA may deduct its expenses from the amount transferred before paying it.
If the payment service provider of the Sender or Beneficiary is different from RIA, such payment service provider may charge fees and taxes associated with the Payment Transaction in accordance with the rules set out in relation between the Sender or the Beneficiary and his/her payment service provider.
In the event that three (3) months have elapsed since the receipt of funds for Payment Transactions without the payment order having been paid to the Beneficiary and the funds being returned to the Sender for reasons out of RIA´s control, RIA may charge a monthly fee against such funds for the purpose of compensating RIA for those reasonable costs incurred by RIA in connection with RIA´s efforts to reimburse the Sender the outstanding funds and RIA´s management of the funds while in its possession. The maximum fees applicable by RIA for those costs incurred by RIA as provided herein are set out in the fees table at the end of this General Information.
Information regarding the conditions on RIA´s provision of payment services, including Money Remittance, is provided free of charge to the Customer. However, RIA may pass on to the Customer the expenses caused by the revocation of Payment Transactions and those that arise from the recovery of funds for Payment Transactions with an incorrect Beneficiary’s bank account number provided by the Sender in the Individual Payment Order.
The exchange rates applicable, as the case may be, to the currency conversion implicit in the Individual Payment Order will be made available to Customers along with the commissions applicable to the Payment Transaction and will be accepted by the Customer with the signature of each Individual Payment Order.
SEVEN. Consent, irrevocability and cancellation of Payment Transactions.
The consent of the Sender to the execution of a Payment Transaction is provided by signing the corresponding Individual Payment Order. This agreement may take the form either of a Customer signature on the paper transaction slips, or of an electronic acceptance by the Customer, depending on the methods used by RIA.
RIA declines all responsibility for the loss or misuse by the Customer of the document evidencing the Individual Payment Order as provided by RIA. Any communication of information relating to the Individual Payment Order to a third party shall entail the Customer's liability.
The Sender may not cancel a Payment Transaction order after RIA has received the relative Individual Payment Order signed by the Sender.
Cancellation of Payment Transactions:
The Sender may cancel a Payment Transaction at any time past to the dates of irrevocability indicated above if the Payment Transaction has not yet been paid at the destination country to a Beneficiary. RIA may charge expenses for the cancellation of the Payment Transaction as agreed with the Sender for any Individual Payment Order.
Payment Transactions may not be executed if the Sender has been unable or unwilling to provide the required information and/or documents necessary for the execution of the Payment Transaction, or if RIA's non-execution of the Payment Transaction is necessary in application of RIA's internal control procedures or in compliance with applicable laws and regulations.
When a Sender wishes to cancel a Payment Transaction in person, he/she must go to the establishment where he/she gave the order with the receipt for the Individual Payment Order concerned. RIA will only proceed with the cancellation once it is satisfied that the Payment Transaction has not been paid in the country of destination to a Beneficiary.
If the Payment Transaction is cancelled, RIA will refund the funds to the Sender via the Agent, at one of its own RIA points of sale or by deposit into the Sender's bank account.
EIGHT. Execution of payment transactions
8.1. Receiving Payment Transactions
The time of receipt of a Payment Transaction is the date on which an Individual Payment Order and the corresponding funds are received by RIA. If the time of receipt is not a Business Day for RIA, the Payment Transaction will be deemed to be received on the next Business Day.
RIA reserves the right to refuse the execution of a Payment Transaction if, prior to the execution of a Payment Transaction, the Sender does not provide RIA with all funds, including where the Sender initiates the Payment Transaction by means of a payment card or in the event of suspected or proven fraud or security threat. In the event that RIA rejects the execution of a Payment Transaction, it will notify the Sender of such refusal and, where possible, of its reasons, as well as of the procedure for rectifying the possible errors that led to such refusal, unless any applicable law or regulation prohibits such notification.
Rejected Payment Transactions will not be considered as received for the purposes of Section 8.2 below.
Payment Transactions initiated on paper will be considered as received on the Business Day following the day of receipt by RIA of the Individual Payment Order signed by the Sender.
8.2. Execution time and value date
a) Scope of application. - It is expressly agreed that the execution period and value date provisions will only apply to Payment Transactions made (i) in euros or (ii) to Payment Transactions involving a single currency conversion between the euro and the currency of a Member State of the European Economic Area ("EEA") outside the eurozone, provided that the necessary currency conversion is made in the Member State outside the eurozone concerned and, in the case of cross-border Payment Transactions, that the cross-border transfer is made in euros.
b) Payment Transactions where the Customer is the Sender. In the case of Payment Transactions in which the Customer acts as the Sender, RIA shall ensure that the amount of the Payment Transaction is paid into the account of the Beneficiary's payment service provider no later than the end of the Business Day following the time of receipt of the Individual Payment Order. If the time of receipt is not a Business Day, the Individual Payment Order will be deemed to have been received on the next Business Day. This period will be extended by one Business Day in the case of Payment Transactions made on paper.
c) Payment Transactions in which the Customer is the Beneficiary. In the case of Payment Transactions in which the Customer is the Beneficiary, RIA shall make the funds for the Payment Transaction available no later than the Business Day following that on which the funds from the Sender's service provider were received.
Unless otherwise provided in these General Terms and Conditions, Payment Transactions involving a payment service provider located outside the EEA or executed in a currency that is not the currency of an EEA Member State are not subject to the above provisions regarding execution date and value date. In such cases, execution times will depend on the Beneficiary's payment service provider, and RIA undertakes to complete the transaction (solely as the Sender's payment service provider) within a maximum of three Business Days following receipt of the Individual Payment Order.
8.3. Safeguarding measures
In the event that funds received from Senders or received through another payment service provider to be paid to the Beneficiary are in RIA's possession at the end of the Business Day following the day they were received, they will be deposited in a separate account in a credit institution or will be invested in safe, liquid and low risk assets as established by applicable laws and regulations.
8.4 Staged Sending Service
In the event that RIA made the Staged Sending Service available to customers:
RIA makes the Staged Sending Service available to those Senders who wish to use that service. By means of this service, Senders can use the RIA application (available for iOS and Android) to execute Payment Transactions in which the transaction is configured and subsequently, once the Payment Transaction is configured, is paid via cash or credit card on the same business day to an RIA agent who has available the Staged Sending Service.
In order to use the Staged Sending Service, Senders must, after downloading the RIA application, proceed to be registered in the application by providing the personal information required by RIA at any given moment. Said information may contain, among others, the Sender's name and surnames, email address, the Sender's nationality, date of birth, profession, recommendation code or telephone number. Furthermore, to initiate the configuration of any Staged Sending Service Payment Transaction through the RIA application, it will be necessary to furnish all the required details of the transaction as well as of those Beneficiaries to whom it is wished to send a money remittance, including but not limited to the country to which the funds will be sent, the Beneficiary's details (name, surnames, nationality and/or identification document etc.), the amount to be sent (in Euros), the amount to be received by the Beneficiary (in the designated local currency), the manner of receipt by the Beneficiary (which shall include those entities which can execute the payment to the designated Beneficiary in the country where the Beneficiary receives the funds) or the method of payment of the Payment Transaction by the Sender. The Sender may cancel the Payment Transaction during its configuration. On the basis of the information provided during the configuration of a Payment Transaction, RIA will indicate to the Sender the cost of the Payment Transaction prior to the Sender proceeding to the validation of the Payment Transaction.
NINE. Payment Transactions involving currency conversion and currency exchange services
RIA will make available to its Senders the currency exchange rates applicable to Payment Transactions. In any event, the exchange rates shall be communicated to Senders prior to the Sender´s acceptance to issue a Payment Transaction order and will be included in the Individual Payment Order that includes the settlement thereof.
Payment of the amount to the Beneficiary of the Payment Transaction ordered by the Sender will be made in the currency and through the payment method available through RIA (for example in cash or by crediting the Beneficiary´s bank account) as agreed between RIA and the Sender. If the Beneficiary agrees with its service provider to convert the payout amount into a different currency or change the payment method, such transaction shall be separate and apart from the Payment Transaction sent by RIA, and solely between the Beneficiary and its service provider.
At any event, RIA reserves the right to reject any Payment Transactions that, in accordance with its internal regulatory controls, requires additional verifications and prevents the immediate execution thereof.
TEN. Payment Transactions not authorised or executed improperly
When the Customer is aware that an unauthorised, non-executed or defectively executed Payment Transaction has taken place, it must communicate this fact without undue delay to RIA in order to proceed with the correction to RIA´s Customer Service contact details set out below in Section 13. The Customer may be required to provide information pertaining to the Payment Transaction and/or any other information determined by RIA in accordance with applicable provisions of law for identification purposes.
Except in those cases in which RIA has not provided or made available to the Customer the information corresponding to the Payment Transaction, the communication referred to in the preceding section must occur within a maximum period of thirteen (13) months from the day on which a particular unauthorised or defectively executed Payment Transaction was executed or from the day on which a particular Payment Transaction was to have been executed or date of paymentto the Beneficiary, as the case may be, of the amount of the Payment Transaction.
When RIA is acting as payment service provider of the Sender:
- In case of an unauthorised Payment Transaction, RIA will immediately refund to the Sender the amount of the unauthorised Payment Transaction and in any event no later than by the end of the following Business Day, after noting or being notified of the transaction, except where RIA has reasonable grounds for suspecting fraud and communicates those grounds to the relevant national authority in writing.
- In case of a defective execution or non-execution of the Payment Transaction for which RIA is liable, RIA will immediately refund to the Sender the amount of the defective or non-executed Payment Transaction.
When RIA is acting as the payment service provider of the Beneficiary and in case of a defective execution or non-execution of the Payment Transaction for which RIA is liable, RIA will immediately place the amount of the defective Payment Transaction or non-executed Payment Transaction at the Beneficiary disposal.
ELEVEN. Data Protection
For purposes of this Article, “Data Controller”, “Personal Data”, “Processing” and “Data Subject” shall have the meanings ascribed to them in the EU General Data Protection Regulation (GDPR) (2016/679) and in the data protection laws and requirements that apply to the parties in the different EU member states in relation to the agreement between RIA and a Customer (“Applicable Data Protection Laws”).
RIA acts as Data Controller in respect of the Personal Data that it processes in the context of the services provided under these Terms and Conditions.
For information on how RIA may Process Customer’s Personal Data, the types of Personal Data RIA may collect, how RIA uses, shares and protects these Personal Data, Customer’s data protection rights, and how to contact RIA about its privacy practices, please consult our Privacy Notice (Avis de Confidentialité) at www.riamoneytransfer.com.
Customer acknowledges that certain Personal Data on Customer and Customer’s personnel may be disclosed, transferred to, or stored by RIA, its group companies or third parties if such disclosure, transfer or storage is reasonably necessary or desirable for purposes of entering into or performing obligations under these Terms and Conditions. Customer’s Personal Data may be transferred outside of the European Economic Area to countries where the laws may not offer the same level of data protection as the country in which the Personal Data were initially collected. In that case, RIA implements required mechanisms to ensure that the transferred Personal Data receives adequate levels of protection in accordance with applicable law.
Notwithstanding any of the foregoing, RIA shall keep confidential all information relating to the Payment Transactions and other operations of Customers without such information being disclosed to third parties unless otherwise being necessary to perform the payment services established in Section 3, above, or should applicable laws and regulations allow to disclose any such information to third parties, including without limitation governmental agencies or within the framework of compliance with obligations established in laws for the prevention of money laundering and terrorism financing. This provision shall apply without prejudice to the provisions set out in applicable personal data protection regulations.
TWELVE. Applicable legislation and language
These Terms and Conditions and the corresponding Individual Payment Orders are governed by French law.
The language applicable to the contractual relationship between RIA and the Customer is French.
THIRTEEN. Customer Service & Complaints procedure
For any questions or concerns about a Payment Transaction executed with RIA or these General Information, you may contact RIA´s Customer Service:
RIA CUSTOMER SERVICE
1-3 rue du 19 Mars 1962,
Customers must submit their complaints for addressing any dispute, (i) in person at any of the RIA facilities serving clients (including RIA´s agents facilities); (ii) by e-mail to TitularServicioCliente@riafinancial.com; (iii) by post to the attention of the Customer Service Representative of RIA PAYMENT INSTITUTION, E.P., S.A.U., Calle Cantabria 2, 28108 Alcobendas, Madrid (Spain); or (iv) by telephone at 01.72.28.50.20.
The Customer Service will send an acknowledgement of receipt of the complaint within a maximum period of ten (10) Business Days (unless a response is provided within said period) and will respond to the complaints submitted by Customers within a maximum period of fifteen (15) Business Days from the date of receipt of the complaint, unless, due to exceptional circumstances (which RIA will notify the Customer during said period), the deadline for the final response needs to be extended to a maximum of thirty-five (35) Business Days from the date of receipt of the complaint.
If the Consumer is not satisfied with the way of the complaint being resolved, the Customer may submit its claim to:
- L'association française des sociétés financières (ASF) (Site: https://lemediateur.asf-france.com/)
By post at:
l'association française des sociétés financières (ASF)
Monsieur le Médiateur de l’ASF
75854 PARIS CEDEX 17
By Email at:
- Banco de España (Site: www.bde.es)
By post at:
Banco de España
Departamento de Conducta de Mercado y Reclamaciones
C/ Alcalá 48, 28014 Madrid, Spain
Tel.: (+34) 900 54 54 54 / (+34) 91 338 8830
The decision of the ASF or Banco de España is not mandatory for us or you;
You shall always have a right to apply to the court with a claim. You may exercise this right even before (or after) the dispute was resolved by the Bank of Spain or the ASF.
Any dispute arising out of or in connection with the Terms and Conditions, including without limitation any disputes regarding its valid conclusion, existence, nullity, breach, termination or invalidity shall be finally referred to and resolved by the courts of Spain, except where prohibited or otherwise required by EU law. Before referring the dispute to court, you and we will endeavor to resolve the dispute by amicable negotiations.
The current fees of Ria Payment Institution E.P., S.A.U. (hereinafter, RIA) are not subject to any type of review by the Bank of Spain, are the MAXIMUM and apply to all Customers, both consumers and non-consumers, with RIA reserving the right to apply lower fees to its Customers for any of the items outlined.
1. ADDITIONAL SERVICES
Revocation, Cancellation or modification of money remittances (Note 1)
Fees: The reasonable expenses that arise for RIA will be passed onto the respective Customer.
Money Remittances with insufficient or incorrect data (Note 2)
Fees: The reasonable expenses that arise for RIA will be passed onto the respective Customer.
Balance management (Note 3)
Fees: € 3.00/month
Note 1. Cancellation, modification or return of Money Remittances
RIA will take the necessary steps to execute a an order issued by the Sender in order to cancel, or modify a Payment Transaction order.
If the actions carried out involve expenses charged by third parties, these will be passed on to the respective Customer even if said actions were unsuccessful for reasons not attributable to RIA.
Note 2. Payment Transactions with insufficient or incorrect data
The omission of any of the data necessary for executing a Payment Transaction will not entail charging an additional fee to the respective Customer thereof, although RIA will pass on to the respective Customer those reasonable costs incurred by RIA for any steps taken (despite being unsuccessful for reasons not attributable to RIA) to (i) obtain the details necessary to execute the Payment Transaction as established in Section 5, above, or (ii) recover the funds from third parties when the Payment Transaction has been executed but not paid to the Beneficiary for incorrect or incomplete data or (iii) return the funds to the Sender for a Payment Transaction that has not been executed due to incorrect or incomplete data.
Note 3. Balance management
In the event that funds received from Senders are in RIA's possession at the end of the Business Day following the day in which received, such funds will be deposited in a separate account in a credit institution or will be invested in safe, liquid and low risk assets as established by applicable laws and regulations. After a period of three (3) months from the receipt of funds without the Payment Transaction being paid to the Beneficiary and the funds being returned to the Sender for reasons out of RIA´s control, RIA may charge a monthly fee against such funds for the purpose of compensating RIA for those reasonable costs incurred by RIA in connection with RIA´s efforts to reimburse the Sender the outstanding funds and RIA´s management of the funds while in its possession.