1.1 KWS Kontowechsel Service GmbH (“KWS”), Olympiastrasse 1, 26419 Schortens, Germany, recorded in the commercial register of the district court of Oldenburg under number HRB 207246, with its authorised representatives being its managing directors Mr Klaus-Peter Bergmann and Mr Thomas Hoffmann, offers customers support in switching a bank account (“Account Switching Service”) from their current payment service provider (“Transferring Bank”) to a new payment service provider (“New Bank”).
1.2 These general terms and conditions (“T&Cs”) apply for the Account Switching Service that KWS offers customers.
1.3 These T&Cs exclusively apply to the legal relationship between the customer and KWS and act as the sole set of terms and conditions relating to the Account Switching Service offered by KWS to the customer.
2.1 With its Account Switching Service, KWS supports its customers in rearranging all regular payment transactions in future to take account of a recently opened account. Specifically, KWS gives customers the option via its Account Switching Service of having their new bank details forwarded to all previous payment partners. A payment partner is any party with which the customer is in a long-term, account-linked payment relationship.
2.2 KWS does not undertake to provide any services beyond the Account Switching Service.
2.3 This Account Switching Service is free of charge for customers.
2.4 Customers may only issue instructions and enter into the agreement in English.
2.5 KWS always endeavours to ensure the availability of the Account Switching Service. However, from time-to-time external factors may impact upon the availability of the Account Switching Service. This in particular applies for disruptions for technical reasons (e.g. malfunctions of hardware and/or software, maintenance work) or other reasons over which KWS has no influence (e.g. third-party fault, etc.).
2.6 To the extent that KWS’s delay or inability to perform the Account Switching Service is due to the existence of any event beyond its control (a “Force Majeure Event”), KWS’s obligations will be suspended until the Force Majeure Event has passed, and KWS will incur no liability to the customer as a result of any such delay or suspension.
2.7 KWS’s main commercial activity is the provision of account information via the PSD2 interface. These services qualify as the provision of account information services, as regulated in Ireland by the European Union (Payment Services) Regulations 2018. KWS is authorised as an account information service provider by BaFin (Bundesanstalt für Finanzaufsicht – German Financial Services Regulator).
2.8 For its services in Ireland, KWS is subject to regulation for conduct of business rules by the Central Bank of Ireland.
3.1 Should the customer wish to avail themselves of the Account Switching Service, they must first register with KWS and log in. Use of the Account Switching Service is contingent upon expressly agreeing to these T&Cs and KWS’ data protection declaration (by ticking the box “I hereby agree to the T&Cs and the data protection declaration of KWS Kontowechselservice GmbH”). In addition, the customer consents to data processing in accordance with the aforementioned data protection declaration by ticking the box “I hereby consent to KWS Kontowechselservice GmbH processing my personal data within the context of the Account Switching Service and as determined in more detail in the data protection declaration”.
3.2 In the process below, the customer can select individual payment partners to whom their new bank details are to be sent. To do this, the customer can manually enter their payment partners’ information themselves. The customer may also allow KWS to automatically identify their payment partners’ information by allowing KWS to log into their Transferring Bank online and to access their account information directly.
3.3 After selecting the payment partner to be informed by KWS, the customer gives KWS a binding instruction to inform the payment partner of the account switch by clicking on the “Send notifications” button. This is considered to be the customer’s offer to enter into a contract with KWS. KWS accepts this offer if it confirms it will send out the notification(s) on the following page.
3.4 In the communication under 3.3, KWS will ask the payment partner to only use the new bank details at the New Bank for direct debits and/or credits. By sending the communication in question to the payment partner address provided to KWS, KWS shall fulfil all of its obligations under this Account Switching Service. KWS does not undertake to verify whether the communications are actually received by the payment partners. It has no influence or control over whether the payment partners will actually or exclusively use the customer’s new bank details in future.
3.5 The contract between KWS and the customer shall end once the communication(s) have been sent.
3.6 The customer shall ensure that he/she does not infringe any rights of third parties, in particular those of the Transferring Bank, by using the Account Switching Service. The customer shall independently check whether the consent of the Transferring Bank is required for the automated retrieval of the data from the Transferring Bank and, if necessary, obtain this consent in advance.
3.7 The customer undertakes to use the Account Switching Service only for the legal purposes specified by KWS. If the customer is unsure as to whether the contract they are considering contradicts such a purpose, they shall inquire about this with KWS. The customer is not entitled to incorporate the Account Switching Service in their own computer programs or connect them to such programs or provide them to third parties (whether free of charge or in exchange for payment).
3.8 KWS has the right, in its sole discretion, to terminate this Agreement immediately by providing 14 calendar days prior written notice to the Customer.
3.9 KWS or the customer may immediately terminate this Agreement if the other party commits a material breach of this Agreement.
3.10 With regard to data processing (including beyond the commercial relationship), KWS’ data protection declaration shall apply.
Pursuant to European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 and the European Communities (Distance Marketing of Consumer Financial Services) Regulations 2004, they shall be entitled to the right of revocation described below with regard to their declaration of intent to instruct KWS.
Right of revocation
|You are entitled to revoke this agreement within fourteen days without providing any reason.|
|The revocation period is fourteen days from the day on which you entered into the agreement.|
|In order to exercise your right of revocation, you must inform us (KWS Kontowechsel Service GmbH, Olympiastrasse 1, 26419 Schortens, email: email@example.com, Tel. no. +49 (0) 4421 999 777) of your decision by means of a clear declaration (e.g. by a letter sent by post, telefax or email) that you are revoking this agreement. You may use the attached template revocation form to do this, though this is not compulsory.|
|In order to comply with the revocation period, it is sufficient to send the communication that you are exercising your right of revocation before the revocation periods expires.|
|Consequences of revocation|
|If you revoke this agreement, we must immediately pay back all payments we received from you, including delivery costs (with the exception of addition costs incurred by you selecting a form of delivery other than the most cost-efficient standard delivery we offer), within fourteen days at the latest from the day on which we received the communication that you are revoking this agreement. To make repayments, we shall use the same means of payment that you used for the original transaction unless otherwise expressly agreed with you; in no case shall you be charged a fee for this repayment.|
Template revocation form
A customer that is a consumer may use the following template to exercise their right of revocation.
|Template revocation form|
|(If you would like to revoke the agreement, please fill in this form and send it back to us).|
|– To KWS Kontowechsel Service GmbH, Olympiastraße 1, 26419 Schortens, E-Mail: firstname.lastname@example.org |
– I/we hereby revoke the agreement entered into by (*) me/us (*) for the purchase of the following goods(*)/the rendering of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for paper communication)
|(*) Delete as appropriate.|
5.1 Nothing in these T&Cs shall limit or exclude the liability of either party for:
5.2 As KWS provide the Account Switching Service free of charge, to the fullest extent permitted by law, KWS shall not be liable to the customer for any loss or damage which may be suffered by the customer in connection with the Account Switching Service, save where such loss or damage has been directly caused by KWS’s gross negligence or wilful default.
5.3 KWS shall in no circumstances be liable to customers for any indirect or consequential loss or damage suffered by the customer in connection with the Account Switching Service.
6.1 KWS is entitled to contact the customer to receive feedback or solve problems; contact may be by email or telephone. Where you have issues or wish to raise a complaint, please contact us in the first instance, and we will work to resolve your complaint.
6.2 Should you wish to contact KWS, please contact the following address:
6.3 It is only possible to communicate with KWS in German or English.
6.4 At any time during the term of the contract, the customer may request that these T&Cs be sent to him in paper form or on another durable medium.
6.5 Upon our investigating of your complaint, where you are dissatisfied with the handling of the complaint or wish to raise the issue with an external authority, you may make a complaint with the Financial Services and Pensions Ombudsman. This is done through their online complaint form available at www.fspo.ie.
7.1 A provision or part of a provision of the T&Cs that is held by a court of competent jurisdiction to be illegal, invalid or unenforceable is to be regarded as having being deleted from the T&Cs and the remaining provisions or part of the provisions of the T&Cs will continue in full force and effect.
7.2 Any agreement deviating from or supplementing these T&Cs shall be recorded in text form for documentation and preservation of evidence purposes.
7.3 The construction, validity and performance of these T&Cs and all matters or disputes (whether contractual or non-contractual) arising out of or in connection with them are governed by the laws of Ireland and the courts of Ireland shall have exclusive jurisdiction over any matter or dispute (whether contractual and non-contractual) arising out of or in connection with this Agreement.
7.4 KWS does not undertake and is not willing to participate in dispute resolution before a consumer arbitration board.
Valid as of August 2022