General conditions for the Wallie-card.

1. Definitions In these General Conditions the terms expressed in uppercase, regardless of whether they are used in singular or plural form, shall have the following meaning:

Acceptor : the natural or legal person (also called “merchant”) accepting Electronic Money as instrument of payment.

Code : the 16-digit, 3-letter code that is stated on the Wallie Card or provided by Wallie to the User via the Internet, by means of which User can make payments that can be charged to the Balance that is saved in the central account records of Wallie.

Electronic Money : the maximum monetary value of € 150.00 that is stored on an electronic carrier or linked to the Code in the central account records of Wallie.

User :the natural person depositing funds to Wallie in exchange for receiving Electronic Money from Wallie.

Balance : the balance of the Electronic Money.

General Conditions : the conditions hereunder.

Wallie : the private company with limited liability Wallie Ltd., with its registered office in London listed in the Companies House under company number 5707489.

Wallie Card : a carrier introduced directly by Wallie or via a reseller (also called “retailer”) on which Electronic Money is or can be stored or on which the Code is stated.

Website : the website of Wallie which can be consulted via the domain www.wallie.co.uk.

2. Applicability

2.1 The General Conditions apply to all legal relationships between Wallie and the User, which in any way concern or hold a relation to the issue and use of Electronic Money.

2.2 Wallie is entitled to change the General Conditions. The prevalent General Conditions can be consulted via the Website and will be sent to the User upon request, at no cost.

2.3 By charging payment to his Balance, the User accepts the applicability of the General Conditions prevalent at the time of payment.

3. Payment

3.1 On its Website, Wallie provides detailed instructions concerning the use of Electronic Money. The User shall comply with these instructions.

3.2 Regardless of how it is stored, Electronic Money is only intended for electronic use, e.g. via the Internet, and payment of a maximum amount of € 150.00 payable by the User to the Acceptor on grounds of an agreement that User has entered into, as a private entity and not as one engaged in the practice of a profession or business, with the Acceptor.

3.3 A payment charged to the Balance, which is stored in the central account records of Wallie, shall take place irrevocably and if and as soon as the User has entered via an interface, such as via a dialogue window on the website of the Acceptor, a valid Code in the electronic payment system of Wallie, and the Balance is sufficient to cover the payment agreed upon between the Acceptor and User. Of this payment, Acceptor and User both will separately receive an electronic confirmation from Wallie.

3.4 If the amount payable by User to Acceptor is expressed in a monetary unit other than the Euro, Wallie shall, based on an exchange rate specified on the Website, convert that amount to an amount in Euros and, provided there is sufficient Balance, the thus converted amount will be debited from the Balance.

3.5 Payment exceeding the amount of the Balance is not possible.

4. Duty of care of Wallie
Wallie shall make every effort to provide the best possible services to the User and shall, in connection with this effort, make every reasonable attempt to afford the User uninterrupted access to his Balance. These efforts notwithstanding, Wallie does not guarantee that the User can have access to his Balance without any interruptions whatsoever, simply because it is impossible to completely rule out the risk of technical failures.

5. Duty of care of User
The User is the sole responsible party for the Wallie Card and the Code and shall handle the Wallie Card and the Code with particular care to thus prevent third parties from expending the Electronic Money without his permission.

6. Acceptors

6.1 Wallie has entered into agreements with Acceptors, in the framework of which they accept the Electronic Money issued by Wallie as instrument of payment. Wallie shall publish the names and addresses of Acceptors on the Website.

6.2 Wallie is not a party to the agreement between the User and Acceptor, in connection with which User shall transfer Electronic Money to Acceptor and as such does not guarantee that the Acceptor will meet its contractual obligations to the User.

7. Resellers
Wallie shall sell the Wallie Card only via the resellers it has selected. The names and addresses of said resellers shall be published by Wallie on its Website. For the purpose of prevention of fraud Wallie will not allow the User to purchase the Wallie Card from parties other than these resellers.

8. Exchange right

8.1 If the User so requests in writing or by e-mail, Wallie shall immediately pay out the Balance in cash - coins or bank notes - or by transferring funds to an account provided by the User, such to a maximum amount of € 150.00 in Euros each time, although not before the User:
• has furnished to Wallie his first and last name, telephone number, address and, if applicable, the Code;
• has returned the Wallie Card to Wallie, if such is required with regard to the conversion of funds and for technical reasons.

8.2 Following the conversion of the amount to be paid out to the User, Wallie is entitled to deduct the necessary costs attached to converting the money.

8.3 Wallie shall handle the personal data obtained for this purpose in compliance with the provisions laid down in the Personal Data Protection Act.

8.4 Cash payment - in coins or bank notes - shall take place only by mutual agreement at the Wallie office.

9. Balance

9.1 Excepting proof to the contrary, a statement from the central account records signed by Wallie shall serve as proof of the Balance.

9.2 Wallie does not guarantee that a statement furnished to the User via the Internet shows the correct Balance.

9.3 Wallie shall not pay interest on the Balance to the User.

10. Loss, theft, abuse, forgery
The User shall immediately notify Wallie of loss, theft, abuse or forgery of the Code or of the Wallie Card and if possible and applicable, state the Code, so that Wallie can make every reasonable attempt to prevent or restrict damage for the User.

11. Restriction due to weighty reasons
If justified by weighty reasons, Wallie shall have the right to render temporarily or permanently impossible the use of the Electronic Money without prior notice. If so requested, Wallie shall inform the User of these reasons. Wallie’s wish to exercise this right shall leave unaffected the User’s exchange right referred to in article 8 of these General Conditions.

12. Wallie’s liability

12.1 Without prejudice to the other provisions of these General Conditions, Wallie shall be liable if any shortcoming in the performance of any obligation vis-à-vis the User is imputable to Wallie or attributable to Wallie by virtue of the law, any legal act or generally prevailing views.

12.2 Wallie shall not be liable if a shortcoming is the result of:

12.3 In any case, Wallie shall not be liable for:

12.4 If Wallie were to be liable vis-à-vis the User on any grounds, said liability shall be limited to the amount of the Balance.