In respect of Klarna’s checkout solutions (Shopping Solutions) for which Klarna has partnered with third-party operators of payment networks (Third Party Payment Option Providers), a customer using the Shopping Solutions may choose to use its regular debit or credit card to (i) pay directly in the checkout, or (ii) settle the debt to Klarna at a later stage. You, who operate the webstore, agree to and authorize such Third Party Payment Option Providers to store, use, share and release cardholder data, provided or generated pursuant to this your cooperation agreement with Klarna to any person (i) for the purpose of processing the transaction; (ii) as required by applicable rules of Third Party Payment Option Providers or by applicable law; (iii) in aggregated (anonymous and generalized) format to facilitate analysis and comparisons; (iv) to investigate, prevent and/or detect fraud or crime; or (v) to mitigate information security risk, sector risk or credit risk. Klarna undertakes at all times to be Payment Card Industry Data Security Standard (PCI DSS) validated. You, who operate the webstore, undertake at all times to be compliant with the rules of PCI DSS applicable from time to time. As long as you use the Shopping Solutions in a compliant way, Klarna will be responsible for the security of cardholder data that Klarna possesses or otherwise stores, processes, or transmits when providing the Shopping Solutions.
You acknowledge and agree that by using Klarna’s shopping solutions, these terms will apply.Â
These terms apply to Klarna Checkout and Shopping Solutions including a payment option offering the Customer to pay directly by card provided via Third Party Payment Option Providers. A shopper may choose a payment option within the Shopping Solutions that is provided via a Third Party Payment Option Provider (i) to pay directly in the checkout, or (ii) to settle the debt to Klarna at a later stage. These terms apply to Third Party Payment Option Providers’ payment options which are part of the Shopping Solutions and directly integrated by Klarna. Such payment options are below referred to as Third Party Payment Options. A list of the acquirers Klarna Bank AB (publ) co-operates with from time to time can be found here, whereas the acquirers Klarna Inc. co-operates with from time to time are listed here (jointly referred to as the (Acquirer List).Â
With regard to Third Party Payment Options, you as a merchant (below referred to as you or Merchant) acknowledge and accept that the following applies:Â
- Unless specifically agreed otherwise, you will not be charged any additional fees for the provision of Third Party Payment Options.
- You are aware of and accept that Klarna may at any time change or remove the Third Party Payment Options available to you, e.g. due to a request of a Third Party Payment Option Provider. Klarna may also change the acquirer used to process your transactions from time to time and understand that Klarna may amend the Acquirer List from time to time. You accept that a Third Party Payment Option Provider may terminate the Agreement in relation to a specific Third Party Payment Option provided by a specific acquirer in relation to you at any time.
- Third Party Payment Option Providers may issue rules and/or instructions which you have to comply with (Third Party Payment Option Provider Rules or Instructions). Links to such Third Party Payment Option Provider Rules or Instructions can be found in the Acquirer List. Klarna will inform you of any other Third Party Payment Option Provider Rules or Instructions issued from time to time. Klarna is responsible for the fulfilment of the Third Party Payment Option Provider Rules or Instructions insofar as the respective aspect of the Third Party Payment Option is handled solely by Klarna.Â
- If you store Customer card account numbers, expiration dates, and other personal Customer data in a database, you must adhere to any Third Party Payment Option Providers’ rules and guidelines on securing such data, any applicable law as well as the standards of the Payment Card Industry Security Standards Council (or its replacement body or successor) in force from time to time and applicable to Merchant’s business (currently set out at: https://www.pcisecuritystandards.org/). You acknowledge and agree that you will bear all costs for ensuring compliance hereunder and are solely responsible for any fines, costs or charges arising from non-compliance or where data held by you is used for fraudulent or unauthorized purposes. Klarna may ask for evidence that you use the Shopping Solutions in a compliant way and/or that you are PCI DSS compliant (e.g. in the form of the applicable self-assessment form prescribed by the PCI council).
- You have to ensure that the following information is displayed in the Store: (i) from the landing page and onwards: the logotype of the Third Party Payment Option Provider; (ii) during the order process on the pages leading up to and including the payment page: the registered name and any trading name used in connection with the transaction, the address of your permanent establishment and a complete description of the goods or services offered; (iii) before the order is completed: a reference to the privacy policy and the terms and conditions you (including information on length of any trial period, delivery policy, return, cancellation policies and split shipment of goods) and, if any, information on legal and export restrictions; (iv) an active customer service email address and a customer service telephone number. Klarna may instruct you on how such information is to be displayed.
- In addition to the circumstances listed in the Duty to inform section of the GTCs, you shall immediately inform Klarna about changes to your (i) address; (ii) country of permanent residence; (iii) registered office; (iv) trading name under which the business is conducted; (v) Store website address.
- Your use of Third Party Payment Option Providers’ trademarks and logos, whether registered or not, does not entail any transfer of ownership, rights or copyrights. After termination of the Agreement, the removal of a certain Third Party Payment Option, or at the request of a Third Party Payment Option Provider, you undertake to immediately remove all logotypes and similar of any such Third Party Payment Option Provider and Third Party Payment Option. This does not apply if the Third Party Payment Option Provider entitles you to continue the use of its logotypes.Â
- In relation to marketing activities which include a reference to the Third Party Payment Option or a Third Party Payment Option Provider, you shall coordinate such activities with Klarna in advance. Such marketing activities require Klarna’s prior approval. You will not indicate that a Third Party Payment Option Provider endorses or states eligibility for any goods or services sold by you. Further, you undertake that you will not do anything which could be disreputable or otherwise capable of damaging the reputation or goodwill of any Third Party Payment Option Provider.
- When using and marketing the Third Party Payment Options, you will observe and abide by any applicable laws and regulations and other provisions and guidelines issued by any responsible public authority. You are not entitled to use the Shopping Solutions in relation to transactions which are deemed illegal or fraudulent under any applicable law, or which violate Klarna’s from time to time applicable ethical instructions
(https://cdn.klarna.com/1.0/shared/content/policy/ethic/en_gb/merchant.pdf, the Ethical Instructions) or any Third Party Payment Option Provider Rules or Instructions. - You may not use the Shopping Solutions to submit transactions (i) where you are not acting as seller of the respective goods or services, or (ii) transactions which you should reasonably know were not authorized by the Customer. Any refund or cancellation of a transaction is to be done via Klarna and via the payment option used by the Customer in connection with the original transaction.
- Klarna may share information regarding you with Third Party Payment Option Providers if this is necessary for the provision of the Shopping Solutions e.g. for due diligence or operational processes of the Third Party Payment Option Providers. Klarna may create specific accounts for you at Third Party Payment Option Providers, and Merchant agrees to enter into additional payment processing terms and conditions with the applicable Third Party Payment Option Provider when required to do so by the applicable card network rules. Any actions Klarna undertakes on behalf of you based on this provided empowerment may not create additional obligations or costs for you.Â
- In addition to the authorization provided in the Data Protection and PCI Compliance section of the GTCs, you hereby agree to and authorize the Third Party Payment Option Provider to store, use, share and release data, provided or generated pursuant to this Agreement to any person (i) to assess financial and insurance risks arising in connection with this Agreement; (ii) to recover debt (to the extent such is not recoverable from Klarna) or in relation to you's insolvency.
- Klarna, any Third Party Payment Option Provider or their designees may conduct onsite audits for compliance purposes. You shall provide the information requested and necessary to complete such audit. Furthermore, you shall allow the Third Party Payment Option Providers such access to your premises and facilities, systems, data, information and material as may be necessary and shall permit them to take and retain copies of all such records to ascertain that you are performing your obligations hereunder and shall provide all reasonable cooperation in relation to such audit. The Third Party Payment Option Provider may opt to utilize a third party to conduct such audit subject to (i) the Third Party Payment Option Provider issuing its appointment and authorization of such third party in writing and furnishing you with a copy thereof, and; (ii) such third party entering into a confidentiality agreement.Â
- Notwithstanding any limitation of liability set out in the Agreement, you shall fully indemnify and hold Klarna harmless from any fines, penalties or any other claims imposed by a Third Party Payment Option Provider due to (i) circumstances which form a breach of this Agreement, especially but not limited to the failure to comply with this appendix and the Third Party Payment Option Provider Rules or Instructions; or (ii) a significantly elevated chargeback level compared to average market levels.Â
- You shall fully indemnify and hold each relevant acquirer harmless from and against all losses, liabilities, damages and expenses such acquirer suffers or incurs arising as a result of, or in connection with: (i) any breach of any obligation or any misrepresentation by you; (ii) any breach by you of any Third Party Payment Option Provider Rules or Instructions; (iii) your company ’s or your employees’ negligence or wilful misconduct; (iv) transactions processed by a Third Party Payment Option Provider or otherwise arising from your provision of goods and services to Customers (including without limitation any refunds or chargebacks); (v) any assessments or fines or arising out of any third party claims against a Third Party Payment Option Provider as a result of your acts or omissions; (vi) any security breach, compromise or theft of transaction data held by you or on your behalf; (vii) your failure to comply with its PCI DSS obligations; or (ix) any allegation of fraud in connection with you business. Notwithstanding the above, Klarna shall indemnify you from such claims imposed by a Third Party Payment Option Provider under (iv) where Klarna bears the credit and fraud risk for the Claim under the terms of this Agreement.Â
- You and Klarna acknowledge and agree that the Third Party Payment Option Providers are entitled to directly enforce the terms of this appendix against you.