Payment services are designed to simplify settlements between individuals, legal entities and / or individuals – entrepreneurs on the Internet using personal computers and / or other mobile devices using bank payment cards. In essence, they are systems for acquiring services remotely.
From technical point of view, between a business entity and financial institution that provides it with financial services for the transfer of funds through payment service (within agreement for the transfer of funds), it is a non-cash transfer of funds already owned and received as a result of the buyer’s (consumer’s) payment for goods in the delivery service branch (within the sales agreement).
The service of financial institution for the transfer of funds, which is a separate business transaction, does not change the essence of relationship of another sales transaction, according to which subjects (participants) of the purchase-sale of goods transaction are:
business entity that sells goods or authorized individual by him / her to transfer ownership of such goods to the buyer (consumer) of the delivery service (suppliers);
recipient of such goods (buyer), who makes a cash payment for this product remotely using a payment service.
In this case, execution of the sales agreement is due to the receipt of goods by the buyer and therefore the seller or his / her authorized delivery service must ensure that the buyer receives relevant settlement document confirming payment for the goods. Accordingly, such transaction has characteristics of a settlement in sense of the Law of Ukraine as of 06.07.1995 № 265/95-VR “On the use of registrars of settlement operations in trade, catering and services” as amended (hereinafter – the Law №265) and must be accompanied by the use of registrar of settlement operations / its software version by sellers or suppliers of goods to consumers who are obliged to use them.
Liability in the form of penalties (financial sanctions) according to Paragraph 1 Article 17 of the Law is provided for the implementation of settlement operations without the use of registrar of settlement operations / its software by business entities that conduct their activities in the trade and are participants in the above mentioned purchase and sales relations.
