TERMS AND CONDITIONS APPLICABLE TO PAYMENT TRANSACTIONS
1. About RIA: Ria Payment Institution E.P., S.A. (hereinafter, "RIA"), with registration number (CIF) A- 80696792 and head office located at Calle Cantabria 2, 28108, Alcobendas, Madrid (Spain), was authorised by the Ministry of Economy and Treasury of Spain as a Payment Institution on 28 July 2011 and passported its license to operate in Italy using agents. 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 post 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 obligations between RIA and its Italian based customers in the provision of payment services pursuant to Legislative Decree No. 385 of 1 September 1993 (the Consolidated Banking Act or CBA) and Legislative Decree No. 11 of 27 January 2010 (Decree 11), to allow 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").
2. Scope of application: These General Terms and Conditions apply to the following payment service that is provided by RIA in the Italian territory: Money Remittance.
3. Actions of the Customers: When contracting any product or service associated with Payment Transactions for acting RIA as the payment service provider, the Customer shall be considered a “consumer” or “non-consumer” and its actions will be agreed upon in accordance with applicable laws and regulations.
4. Information obligations prior to the execution of a Payment Transaction – The Sender must provide to RIA that information determined by RIA from time to time. For more information about the type of information RIA may ask Customer´s to provide, please check these Terms and Conditions. When a Payment Transaction is executed in accordance with the instructions 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. Therefore, should any of the data provided by the Sender be incorrect, RIA will not be responsible for the non-execution or defective execution of the Payment Transaction. RIA will in any case undertake reasonable efforts to recover the funds. Money remittance Payment Transactions in cash can be executed up to a maximum amount of EUR 999.99 in 7 calendar days (commissions included) or different amount as determined by Italian laws and regulations applicable from time to time.
5. 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. However, RIA may pass on to the Customer the expenses caused by the cancellation, modification or return of Payment Transactions and those that arise for incorrect or insufficient data or from the recovery of funds for Payment Transactions not possible to be paid.
6. Consent, irrevocability and cancellation of Payment Transactions: 6.1 Consent: The consent of the Sender to the execution of a Payment Transaction is provided by signing the corresponding Individual Payment Order. RIA is not responsible for the loss or misuse by the Customer of the document evidencing the Individual Payment Order as provided by RIA. 6.2 Irrevocability: The Sender may not revoke a Payment Transaction order after it has been received by RIA. When the Payment Transaction has been initiated by or through the Beneficiary, the Sender may not revoke the Payment Transaction once the Payment Transaction order or the consent to the Payment Transaction has been transmitted to the Beneficiary. 6.3 Cancellation of Payment Transactions: The Sender may withdraw consent at any time prior to the dates of irrevocability indicated above. RIA may charge expenses for the revocation of the Sender's consent as agreed with the Sender for any Individual Payment Order. Payment Transactions may not be executed if the Sender was unable or refused to provide the required information and/or documentation or when this was necessary under the internal control procedures of RIA or in compliance with applicable laws and regulations. When a Sender wishes to cancel a Payment Transaction in person, he/she must appear at the establishment where he/she ordered it with the respective Individual Payment Order receipt. Only after verifying that the Payment Transaction has not been paid at the destination country to a Beneficiary, RIA shall proceed with the cancellation. If a Payment Transaction is cancelled, RIA will reimburse the funds to the Sender through the agent, through its own RIA store/s or through a deposit into the Sender's bank account. 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 an Individual Payment Order.
8. 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 execution of the Individual Payment Order, that includes the settlement thereof, by the Senders. 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
9. Payment Transactions not authorised or executed improperly: When the Customer is aware that an unauthorised or improperly executed Payment Transaction has taken place, it must communicate this fact without undue delay to RIA in order to proceed with the correction. 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 debit or payment date, as the case may be, of the amount of the Payment Transaction. When acting as payment service provider of the Sender, RIA will immediately refund the amount of the unauthorised Payment Transaction; afterwards RIA may in any case demonstrate that (i) the Payment Transaction was authenticated, accurately recorded and accounted for, or (ii) affected by a technical failure or any other defect.
10. Data Protection: The Customer, by signing this document acknowledges to have been informed that: (i) any personal data provided by the Customer, in this form and during the execution of the money remittance service provided by RIA, is subject to processing by RIA; and (ii) the data may be communicated to other companies of the RIA group and to third party service providers, being such companies located within the European Economic Area (“EEA”) or in other countries that may not offer a level of protection equivalent to the EEA, for the purpose of managing this order to send money and for RIA to comply with its legal obligations, as detailed in the additional information. The processing of the Customer's data is necessary for the provision of the money remittance service and if not provided the service cannot be rendered. The Customer may exercise at any time its rights of access, rectification, objection, erasure, restriction of processing and portability, by notice to RIA PAYMENT INSTITUTION, E.P., S.A.U. with address at Calle Cantabria No. 2 - Piso 2º, 28108 Alcobendas, Madrid (España), or through the e-mail address: DPO@euronetworldwide.com as set out in the terms established in the additional information. You can access the additional and detailed information on the protection of personal data in RIA´s Privacy Notice link at https://it.riafinancial.com/legal/politica-sulla-privacy.
11. Applicable legislation: The legal relationships detailed in these T&C’s are governed by their own clauses and the individual agreements reflected in the Individual Payment Orders and, for matters not provided for therein, by CBA and Decree 11 and any other applicable Italian law and regulation. When Customers are consumers, more favourable mandatory provisions in accordance to law applicable to consumers will apply. The language applicable to the contractual relationship between RIA and the Customer is Italian. RIA CUSTOMER SERVICE: Via Francesco Benaglia n. 13 – 00153 Roma; Tf+ 06/203939; e-mail: email@example.com. Customers must submit their complaints, in writing (i) in person at any of the offices of RIA PAYMENT INSTITUTION, E.P., S.A.U; (ii) by post to the attention of the Customer Service Representative of RIA PAYMENT INSTITUTION, E.P., S.A.U., Calle Cantabria 2 - 2º, A - 1, Alcobendas 28108, Madrid (Spain); or (iii) by e-mail to TitularServicioCliente@riafinancial.com or firstname.lastname@example.org. The Customer Service Department will reply to the complaints submitted by Customers within a maximum period of fifteen (15) Business Days of receipt of the complaint, unless for exceptional circumstances (to be notified by RIA to the Customer within such period) the deadline of the final reply needs to be extended to no more than one (1) month from the receipt of the complaint. In the event that the complaint filed with Customer Service Representative of RIA was rejected or the abovementioned period to reply elapsed without the aforementioned Customer Service Department having answered, you can submit your complaint(s) (i) online to the Italian Financial Banking Arbitrator (ABF), by following the instructions on the website www.arbitrobancariofinanziario.it or (ii) to the Spanish Banking Services Customer Service Ombudsman (via the Claims Department) by post to Banco de España, Departamento de Conducta de Mercado y Reclamaciones, C / Alcalá 48, 28014 Madrid or via the Bank's Virtual Office of Spain (site: www.bde.es). In the event of disputes in which you act without adhering to the above provisions, the Courts of your place of residence or domicile shall have exclusive jurisdiction, without prejudice to your right as a consumer to adhere the Courts where RIA has its registered office.