PAYMENTS & ORDERING
5. PRICES AND PAYMENT (From Conditions of Sale)
5.1. The prices of the Products are given in pounds
sterling. We use our best efforts to ensure that the prices of Products are
correct at the time of completing an order. However, please see Clause 5.7 for
what happens if we discover an error in the price of the Product(s) you
ordered.
5.2. The price of a Product includes VAT at the
applicable rate chargeable in the UK on the date of the order. However, if the
rate of VAT changes between the date of your order and the date of delivery, we
will adjust the VAT you pay, unless you have already paid for the Products in
full before the change in VAT takes effect.
5.3. If you are using a valid promotional code
provided by Aesthetics of The Royal Liver Building (herby further known as us,
we or AORLB), this cannot be used in conjunction with another offer or
promotion.
5.4. The price invoiced to you is the price stated
on the Dispatch Confirmation (as defined below) sent via email by AORLB.
5.5. The prices given do not include the delivery
costs, which will be invoiced in addition and specified to you before the order
is confirmed and when the order is definitively validated.
5.6. You accept AORLB’s right to modify its prices
at any time, however the Products will be invoiced based on the tariffs in
force when the order is recorded, subject to the availability of such Products.
The tariff in force is that stated on the Website unless there is a
typographical error.
5.7. Our website contains many Products. It is
always possible that, despite our reasonable efforts, some of the Products on
our Website may be incorrectly priced. If we discover an error in the price of
the Products, you have ordered we will contact you to inform you of this error
and we will give you the option of continuing to purchase the Product at the
correct price or cancelling your order. We will not process your order until we
have your instructions. If we are unable to contact you using the contact
details you provided during the order process, we will treat the order as
cancelled and notify you in writing at the postal address provided during the
order process.
Please note that if the pricing error is obvious
and unmistakeable and could have reasonably been recognised by you as a
mispricing, we do not have to provide the Products to you at the incorrect
price.
5.8. Payment:
All payments must be made immediately over the
internet. Unless the server is unavailable, you may pay with a credit or debit
card. MasterCard, Visa, and Maestro cards are accepted.
You will need to enter:
• the card numbers.
• the expiry dates.
• the name of cardholder; and
• the 3-digit safety code on the back of the card
(MasterCard and Visa only).
Banking transactions will be carried out in a
secure manner by PayPal, AORLB’s designated payment partners.
AORLB reserves the right to refuse all orders or
deliveries if the limits stated in the Introduction above are exceeded, if
there is an existing dispute with you, in the event of total or partial failure
by you to pay for that order or a previous order or if credit/debit card
payment authorisation is refused by the banking organisations.
As part of the fight against online fraud,
information concerning orders will be checked by PayPal.
APPLE PAY TERMS AND CONDITIONS
These Direct Payments Terms and Conditions
(these “Direct Payments Terms”) are a legal agreement between you (“you” or
“your”) and Apple Payments Inc. (“Apple Payments”, “we”, “us” or “our”) that
govern your use of the Direct Payments Service (as defined below). These Direct
Payments Terms supplement and are in addition to other terms and conditions
that you have entered governing your use of Apple Cash, including Bank’s Apple
Cash Terms and Conditions (the “Apple Cash Terms”) and the Electronic
Communications Agreement. Capitalized terms that are not defined in these
Direct Payments Terms have the meanings given to them in the Apple Cash Terms.
“Bank” means Green Dot Bank, member FDIC, the issuer of your Apple Cash
Account. In the event of a conflict between these Direct Payments Terms and the
Apple Cash Terms, these Direct Payments Terms will govern, but solely with
respect to the Direct Payments Service.
THESE DIRECT PAYMENTS TERMS CONTAIN AN
ARBITRATION NOTICE. PLEASE READ THIS NOTICECAREFULLY, AS IT AFFECTS YOUR LEGAL
RIGHTS, INCLUDING BY REQUIRING MANDATORY INDIVIDUAL ARBITRATION OF DISPUTES. .
.
1. THE DIRECT PAYMENTS SERVICE
The “Direct Payments Service” allows you to use
funds in your Payment Account to make payments directly to certain eligible
businesses that we designate from time to time and that you authorize (each, a
“Payment”). There are no fees for using the Direct Payments Service. When you
make a Payment to an eligible business utilizing the Direct Payments Service,
you authorize us to withdraw the necessary funds from your Payment Account in
accordance with your instructions, which may be provided either to us directly
or to the business to which you are making the Payment. Your requested Payments
may be declined if you do not have sufficient funds available in your Payment
Account to satisfy the requested Payment.
When you use the Direct Payments Service, your
Payment will be made through an electronic funds transfer. We will generally
withdraw the funds from your Payment Account and electronically transmit those
funds to the business on the same day as your request.
You may access the Direct Payments Service with
all the Eligible Devices that are associated with your Apple ID. You
acknowledge that these Direct Payments Terms will govern your use of the Direct
Payments Service across all your Eligible Devices, and that you will only be
presented with these Direct Payments Terms at the time you initially agree to
use the Direct Payments Service.
2. ELIGIBILITY AND LIMITS
A. Eligibility.
To use the Direct Payments Service, you must
have an Apple Cash Account in good standing with Bank. As a result, all the
eligibility requirements set forth in the Apple Cash Terms must be satisfied
for you to use the Direct Payments Service. If you suspend your Apple Cash
Account on an Eligible Device, you will not be able to use the Direct Payments
Service on that Eligible Device. Similarly, if your Apple Cash Account is
closed entirely, you will no longer be able to access the Direct Payments
Service.
Additionally, you must have successfully
registered your Apple Cash Account with Bank before you can use the Direct
Payments Service. Please see the subsection entitled “Registering your Apple
Cash Account with Bank” in the Apple Cash Terms and Conditions to learn more
about how you can register your Apple Cash Account with Bank.
B. Limits on Direct Payments Service Transfers.
Your use of the Direct Payments Service is subject to the following limits:
Payments: $0.01 - $20,000 per transaction; up to
$20,000 for any rolling 7-day period.
Limits are subject to change. We will notify you
as required by applicable law if these limits decrease. However, please note
that we may lower these limits, impose additional limits, or cancel, delay, or
block a Payment without prior notice for security reasons or as otherwise
described in these Direct Payments Terms. The Bank may also impose limits
pursuant to the Apple Cash Terms.
C. Additional Limits on your use of the Direct
Payments Service.
We may decline to complete or delay a Payment:
(i) if we believe it may involve or result in a violation of applicable law or
expose us to liability or risk of loss; (ii) if the Payment instructions or
authorization are unclear, ambiguous, or incomplete; (iii) if we identify a
fraud or security risk involving an individual Payment or the Direct Payments
Service; or (iv) as otherwise stated in these Direct Payments Terms or the
Apple Cash Terms. We are not responsible for any losses or damages that may
result from our delay or cancellation of a Payment or for any failure to notify
you of such delay or cancellation, except as otherwise expressly provided in
these Direct Payments Terms. You agree not to use the Direct Payments Service
in connection with unlawful domestic or international gambling websites or
payment processors that support unlawful gambling websites or to purchase
illegal goods or services.
3. DIRECT PAYMENTS SERVICE TRANSACTION HISTORY.
You may obtain information about your Payments
at any time and at no cost directly from your Eligible Device. Additionally,
you may obtain a more detailed electronic transaction history of your Apple
Cash Account transactions, including information regarding Payments made using
the Direct Payments Service, at any time and at no cost by requesting one
directly from your Eligible Device. You may also obtain this transaction
history at any time and at no cost by calling (877) 233-8552 or writing Bank at
Electronic Transaction History Request, P.O. Box 5100, Pasadena, California
91117. If you submit your request to Bank in writing, please include your name,
date of birth, and address with your request. Upon your request, Bank will send
your transaction history to the email address associated with your Apple ID.
4. ADDITIONAL TERMS AND CONDITIONS FOR USING THE
DIRECT PAYMENTS SERVICE
Except as otherwise expressly provided herein or
as otherwise required by applicable law, Payments authorized in connection with
the Direct Payments Service are non-refundable. We are not responsible for any
loss of funds if you give incorrect instructions or if your payment
instructions are not given sufficiently in advance to allow for timely delivery
of your Payment. You represent and warrant that all Payments you make comply
with applicable law.
Except as otherwise expressly provided herein,
and without limiting any other provisions of these Direct Payments Terms, we
will not be liable if we fail to send, or delay the transmission of, funds to a
designated business through the Direct Payments Service if: (i) you have
insufficient funds available to complete the Payment with your Apple Cash
Account; (ii) we or the Bank believe the Payment may violate applicable law,
these Direct Payments Terms or the Apple Cash Terms; (iii) we or the Bank
identify a security risk involving the Payment or the Direct Payments Service;
(iv) circumstances beyond our control (such as fire, flood, terrorist attack,
or national emergency) prevent the Payment, despite reasonable precautions that
we have taken; or (v) your Apple Cash Card or an Eligible Device that you have
provisioned your Apple Cash Card to has been reported as lost or stolen or if
we or the Bank have reason to believe that your Credentials have been
compromised or that the Payment is not authorized by you. We cannot guarantee
the timely delivery of funds because of a failure of another financial
institution or payment intermediary to act in a timely manner.
5. CUSTOMER SERVICE
A. In Case of Questions about your Payments
Please call (877) 255-5923 if you think a
mistake has occurred in connection with a Payment. If you have questions about
your Apple Cash Account with Bank, please call (877) 233-8552. You can also
find additional information regarding Apple Payments at
www.applepayments.apple.com.
B. Cooperation in Recovery Efforts
You agree to cooperate reasonably with us and
our agents and service providers in our attempts to recover funds from, and to
assist in the prosecution of, any unauthorized use of the Direct Payments
Service. You agree that any unauthorized use does not include use by a person
to whom you have given authority to use your Apple Cash Account, Eligible
Device, or Credentials and that you will be liable for all such uses by such
person.
C. Disputes with Businesses
We are not responsible for the delivery,
quality, safety, legality or any other aspect of goods or services for which
Payment are made using the Direct Payments Service.
6. PRIVACY AND DATA SHARING
Our collection, use, storage, and disclosure of
your information because of using the Direct Payments Service is governed by
the Direct Payments Privacy Notice. As described in greater detail in Section
9(B) of the Apple Cash Terms entitled “Authorization to Collect and Share
Data”, Bank shares data regarding your Apple Cash Account with Apple Payments
as necessary to process Payments. You can learn how Bank protects your
information by reviewing their privacy policy at
applepaycash.greendot.com/privacy/
7. BUSINESS DAYS
Our business days are Monday through Friday,
excluding U.S federal holidays.
8. INDEMNIFICATION
You agree to indemnify, hold harmless, and (at
our request) defend us and any Program Manager, Issuer, and Depository, our and
their affiliates, and our and their respective employees, officers, directors,
agents, and contractors from and against all claims, demands, suits, damages,
costs, lawsuits, fines, penalties, liabilities, and expenses, including
reasonable attorneys’ fees, that arise from any third-party claim due to or
arising out of: (i) your access to or use of the Direct Payments Service; (ii)
your breach or alleged breach of these Direct Payments Terms; (iii) your
violation of applicable law, including, but not limited to, infringement of
third-party intellectual property rights; (iv) any action we take pursuant to
your instructions; or (v) your other actions or omissions that result in
liability to us. We reserve the right, at your expense, to assume the exclusive
defence and control of any matter for which you are required to indemnify us
under these Direct Payments Terms, and you agree to cooperate with our defence
of these claims.
9. DISCLAIMERS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THATYOUR ACCESS TO AND USE OF THE
DIRECT PAYMENTS SERVICE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT
(INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE DIRECT
PAYMENTS SERVICE ARE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, THE DIRECT PAYMENTS SERVICE IS PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM
ANY AND ALL CONDITIONS, REPRESENTATIONS, WARRANTIES, EXPRESS OR IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO
WARRANTY THAT (A) THE DIRECT PAYMENTS SERVICE WILL MEET YOUR REQUIREMENTS; (B)
THE DIRECT PAYMENTS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DIRECT
PAYMENTS SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE DIRECT PAYMENTS SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN
THE DIRECT PAYMENTS SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES WILL CREATE ANY
WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS
MAY NOT APPLY TO YOU. HOWEVER, ANY LIMITATION WILL BE CONSTRUED TO MAXIMUM
EXTENT PERMITTED UNDER APPLICABLE LAW.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, WE AND ANY PROGRAM MANAGER, ISSUER, AND DEPOSITORY, OUR AND THEIR
AFFILIATES, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS,
AGENTS, AND CONTRACTORS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY
LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE
DIRECT PAYMENTS SERVICE OR ANY INFORMATION, PRODUCTS, OR OTHER CONTENT
(INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE DIRECT
PAYMENTS SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL
DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS,
LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT
(INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, IN THE EVENT YOU OR ANY OTHER PERSON OR ENTITY IS ENTITLED TO
DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE, OR
INABILITY TO ACCESS OR USE, THE DIRECT PAYMENTS SERVICE OR ANY INFORMATION,
PRODUCTS, OR OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR
ACCESSIBLE THROUGH THE DIRECT PAYMENTS SERVICE, THE COLLECTIVE LIABILITY OF
APPLE PAYMENTS AND ANY PROGRAM MANAGER, ISSUER, AND DEPOSITORY, OUR AND THEIR
AFFILIATES, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS,
AGENTS, AND CONTRACTORS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
TORT, OR OTHERWISE) WILL NOT EXCEED $100.
IN ADDITION TO AND WITHOUT LIMITING ANY OF THE
FOREGOING, WE AND ANY PROGRAM MANAGER, ISSUER, OR DEPOSITORY WILL HAVE NO
LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND OUR
REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF
TERRORISM, LABOR CONDITIONS, POWER FAILURES, INTERNET DISTURBANCES, OR ANY
SERVICES OR SYSTEMS CONTROLLED BY THIRD PARTIES.
THE LIMITATIONS IN THIS SECTION DO NOT AFFECT
ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. ARBITRATION NOTICE.
THE DIRECT PAYMENTS SERVICE IS BEING MADE
AVAILABLE AND PRICED BY APPLE PAYMENTS ON THE BASIS OF YOUR ACCEPTANCE OF THE
FOLLOWING ARBITRATION NOTICE. BY ENTERING INTO THESE DIRECT PAYMENTS TERMS, YOU
ARE AGREEING TO BINDING ARBITRATION RATHER THAN LITIGATION IN ANY COURT. YOU
HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO ASSERT ANY CLAIM ARISING
OUT OF OR IN CONNECTION WITH THE DIRECT PAYMENTS TERMS IN ANY COURT, EXCEPT AS
EXPRESSLY PROVIDED BELOW IN SECTION 13(C). YOU FURTHER ACKNOWLEDGE THAT YOU ARE
ENTERING INTO THESE DIRECT PAYMENTS TERMS VOLUNTARILY AND NOT IN RELIANCE ON
ANY PROMISES OR REPRESENTATIONS WHATSOEVER EXCEPT THOSE CONTAINED IN THESE
DIRECT PAYMENTS TERMS THEMSELVES.
THISARBITRATION NOTICE AFFECTS YOUR LEGAL
RIGHTS. PLEASE READ IT CAREFULLY.
A. Arbitration of Claims.
You and Apple Payments mutually agree that any
dispute, claim, or controversy (whether based incontract,tort, statute, fraud,
misrepresentation, or any other legal theory)arising out of or relating to
these Direct Payments Terms or the breach, termination, enforcement,
interpretation, or validity thereof, including the determination of the scope
or applicability of this agreement to arbitration, or to the use of the Direct
Payments Service (hereinafter “Claim” or “Claims”)shall be settled by binding
arbitration before a single arbitrator. The arbitration shall be administered
by JAMS in accordance with the JAMS Streamlined Arbitration Rules and
Procedures (the “JAMS Streamlined Arbitration Rules”) in effect on the date the
arbitration is filed and will be governed by the JAMS Policy on Consumer
Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural
Fairness (the “JAMS Minimum Consumer Standards”). Judgment on the award
rendered by the arbitrator May be entered in any court having jurisdiction
thereof. This clause shall not preclude parties from seeking provisional
remedies in aid of arbitration from a court of appropriate jurisdiction. The
arbitrator can award any damages or relief on your individual claim that a
court of law could, including individual injunctive relief and attorneys’ fees
when available under the governing law. The arbitrator will also be empowered
to determine the arbitrability of any Claim. Any Claim will be decided by an
arbitrator, rather than by a judge or jury, and an arbitration award will be
final and binding on you and Apple Payments, without any right of appeal. Court
review of an arbitration award will be very limited. Except for Section C
below, you and Apple Payments hereby waive the right to assert any Claim in any
court. As set out in Section D below, all arbitrations will be conducted on an
individual basis, and there shall be no class or collective actions in
arbitration.
B. Other Claims Subject to Arbitration.
In addition to Claims brought by either you or
Apple Payments, Claims made by or against an employee, agent, representative,
affiliated company, or subsidiary of Apple Payments will be subject to
arbitration as described herein.
C. Exceptions.
We agree not to invoke our right to arbitrate
any individual Claim you bring in small claims court or an equivalent court
with jurisdiction, so long as the Claim is pending only in that court. This
arbitration provision does not limit or constrain Apple Payments’ right to
interplead funds in the event of claims to funds associated with your Payment
Account by several parties.
D. Individual Claims Only.
Claims may be submitted to arbitration on an
individual basis only. Claims subject to this arbitration provision may not be
joined or consolidated in arbitration with any Claim of any other person or be
arbitrated on a class basis, in a representative capacity, on behalf of the
public, or on behalf of any other person, unless otherwise agreed to by the
parties in writing. You acknowledge and agree that you are waiving any ability
to join or consolidate your Claim in arbitration with the Claim of any other
person and to bring any Claim on a class basis, in a representative capacity,
on behalf of the public, or on behalf of any other person. Further, unless you and
Apple Payments both otherwise agree in writing, the arbitrator may not
consolidate your Claim with that of any other person and may award relief only
in favour of your individual Claim. The arbitrator may not award relief for or
against any other party, whether directly or indirectly. If a court of
competent jurisdiction deems this paragraph to be unenforceable with respect to
any Claim, then the entirety of the Arbitration Notice (the “Notice”) will be
deemed void with respect to such Claim. Except as provided in the preceding
sentence, the Notice will survive any termination of these Direct Payments
Terms. Related Apple Cash Accounts are considered as one person, and Apple
Payments, its employees, officers, directors, agents, and affiliates are
considered as one person. The arbitrator will be competent to determine the
arbitrability of any Claim that is attempted to be joined or consolidated in
arbitration with the Claim of any other person or brought on a class basis, in
a representative capacity, on behalf of the general public, or on behalf of any
other person.
E. Arbitration Fees.
If you initiate arbitration, Apple Payments will
advance any arbitration fees, including any required deposit. Apple Payments
will also be responsible for payment and/or reimbursement of any arbitration
fees which exceed either (1) the amount of filing fees you would have incurred
if your Claim had been brought in the state or federal court nearest your
residence with jurisdiction, or (2) US$ 250, whichever is lesser. If Apple
Payments initiates or elects arbitration, Apple Payments will pay the entire
amount of the arbitration fees, including any required deposit. Regardless of
who initiates arbitration, Apple Payments will pay all other
arbitration-related costs, including any remaining JAMS Case Management Fee and
all professional fees for the arbitrator’s services.
F. Arbitration Procedure.
A single arbitrator will resolve the Claims. The
place of arbitration will bathe State in which you are a legal resident. You
have the right to an in-person arbitration hearing for your Claim should you so
choose. Any such hearing will take place within the federal judicial district
in which you live, or in a reasonably convenient location as agreed by the
parties. The arbitration will be conducted in English. The arbitrator will be
either a retired judge or an attorney with at least ten years of experience and
will be selected by the parties; provided, however, that if the parties are
unable to agree upon an arbitrator within seven (7) days of delivery of the
Demand for Arbitration, then JAMS will appoint the arbitrator in accordance
with the JAMS Streamlined Arbitration Rules. The arbitrator will be empowered
to grant whatever relief would be available in court under law or in equity but
may not grant any form of relief identified in Section D above without the
express written consent of both parties. Discovery or exchange of
non-privileged information relevant to the dispute will be allowed, keeping in
mind the reasonable need for the requested information, the availability of
other discovery options, and the burdensomeness of the request on the opposing
party. The arbitrator’s award will address all claims properly brought before
the arbitrator and will include the essential findings and conclusions upon
which the arbitrator based the award. This arbitration provision is made
pursuant to a transaction involving interstate commerce and will be governed by
the FAA. You may obtain copies of the current JAMS Streamlined Arbitration
Rules, forms, and instructions for initiating an arbitration with JAMS by
contacting JAMS online at www.jamsadr.com. Where there is a conflict or
inconsistency between the JAMS Streamlined Arbitration Rules and procedures and
this arbitration provision, this arbitration provision will govern.
G. Confidentiality.
You and Apple Payments agree that any
arbitration proceedings initiated hereunder shall be kept in strict confidence,
meaning that you and Apple Payments agree not to disclose or cause to be
disclosed to any third party the dispute(s) to be arbitrated hereunder, or any
of the underlying facts, circumstances, documents, and other materials relating
to such dispute(s), except as may be necessary in connection with a court
application for a preliminary remedy, a judicial challenge to an award or its
enforcement, or unless otherwise required by law.
H. Severability.
Except as provided in Section D, any provision
of this Notice deemed unenforceable by a court of competent jurisdiction may be
severed, and the remainder of the Notice shall be given full force and effect.
14. CHANGE IN TERMS
We may modify, suspend, or discontinue the
Direct Payments Service and/or revise these Direct Payments Terms from time to
time in our sole discretion without prior notice or liability to you, subject
to applicable law. If we are required to provide you notice of any changes to
these Direct Payments Terms, we will do so in accordance with the Electronic
Communications Agreement. Subject to applicable law, your continued use of the
Direct Payments Service following such notice shall be deemed to be your
acceptance of such modified version of these Direct Payments Terms.
15. GOVERNING LAW
The Direct Payments Terms will be governed by
and interpreted in accordance with the laws of the State in which you are a
legal resident.
16. EFFECTIVE DATE
Effective Date. Effective August 6, 2019, to
present.
PayPal Pay in 3 Terms and Conditions
Key information:
PayPal Pay in 3 allows you to pay for your
purchase in three interest-free instalments.
Your first instalment is due at the time you
make your purchase. Your second and third instalment will be due on the
following two months. These are detailed in Clause 1.3 below.
Repayments are made automatically from your
PayPal account using the funding source you select.
If you miss a repayment, your credit record may
be affected in a way that makes it more difficult or expensive to obtain
further credit.
You may repay the amount you owe in full at any
time, without any fees or charges.
We may carry out a credit check when you apply –
if we do, this will leave a mark on your file that can only be viewed by you
and not by others.
We will provide information on how you manage
your repayments to credit reference agencies.
Before you proceed, please carefully consider
these terms and conditions and whether you will be able to make the repayments
when they are due.
Please refer to our Privacy Statement at https://www.paypal.com/uk/webapps/mpp/ua/privacy-full
for more information about how PayPal processes your personal data.
Your Pay in 3 Plan
1. PayPal Pay in 3 is a fixed sum credit
arrangement (“Pay in 3 Plan”), granted to you, the customer named above,
(“you”) by PayPal (Europe) S.à r.l. et Cie, S.C.A. (“PayPal”, “us” or “we”)
pursuant to this Agreement which supplements your PayPal User Agreement and
specifically governs your use of your Pay in 3 Plan.
2. PayPal Pay in 3 allows you to pay in
instalments for eligible purchases, that you make using your PayPal account.
3. The Transaction Amount is the value of your
purchase less any PayPal account balance or special funding arrangement
applied. We will automatically apply any merchant or transaction specific
balance linked to your PayPal account to fund an eligible purchase and this
will reduce the amount which is available to be funded through a Pay in 3 Plan.
Pay in 3 will not be available where the Transaction Amount is reduced below
£30 and may not be available for purchases with certain merchants.
4. The details of this Pay in 3 Plan are as
follows:
Loan Amount (The Transaction Amount plus any
additional costs, fees and charges accepted in checkout.): £ [LOAN AMOUNT]
Repayment Plan:
Instalment 1: £[INSTALMENT AMOUNT] due on [DATE]
Instalment 2: £[INSTALMENT AMOUNT] due on [DATE]
Instalment 3: £[INSTALMENT AMOUNT] due on [DATE]
Repayment Method:
Payment by your chosen debit card or bank
account linked to your PayPal account as a funding source.
Each of the terms in the left hand column of the
table above is a defined term within this Agreement. Any defined terms used
within this Agreement and not defined shall have the meaning given in your User
Agreement.
1. You agree that the Loan Amount set out in
Clause 1.3 above may vary from the amount set out above depending on:
a. any changes to the applicable currency
conversion rate that occurs between the time the transaction is authorised and
the time your PayPal account is debited; and/or
b. any additional amount you may accept to pay
under the purchase contract with the merchant such as (but not limited to)
shipping costs, insurance costs, etc.
2. You expressly agree that any Loan Amount
varied in accordance with Clause 1.4 above is the amount you agree to borrow
under your Pay in 3 Plan. Your varied Loan Amount and the updated Repayment
Plan can be viewed by logging into your PayPal account.
3. You acknowledge and agree that the Pay in 3
Plan falls under the exemption set out in Article 60F of the Financial Services
and Markets Act (Regulated Activities) Order 2001. This means that the Consumer
Credit Act 1974 and other protections provided by the UK’s consumer credit
regime do not apply.
4. PayPal Pay in 3 is available to natural
persons of at least 18 years old residing in the United Kingdom that hold a
PayPal account with a valid debit card or bank account linked to it as a
funding source for the duration of this Pay in 3 Plan.
5. Our decision to lend to you under this
Agreement is based on, amongst other things, our assessment of your financial
position, the information you provided us within your application and
information about your usage and history with PayPal. You may wish to download
or print a copy of this Agreement and retain it for your records.
1. Execution and entry into force of this Agreement
1. By entering into this Agreement, you
expressly accept that the performance of this Agreement starts immediately
after your acceptance and not after the expiration of the fourteen (14) calendar
day withdrawal period further detailed in Clause 3 below.
2. PayPal reserves the right to grant or refuse
the Pay in 3 Plan at its sole discretion and for any reason, including based on
our assessment of your financial position.
3. If your first instalment at the time of
application is rejected or fails, your application for PayPal Pay in 3 will be
declined and you will be asked to choose a different method of payment for your
purchase.
4. The Loan Amount made available under this
Agreement will be directly paid to the relevant merchant through your PayPal
account. If the Loan Amount (or funds corresponding to it) is not collected by
the merchant within twenty-six (26) calendar days of the date of this
Agreement, you expressly agree that this Agreement will be automatically
cancelled without any costs or liabilities imposed on either party from such
cancellation.
2. Your right of withdrawal from this Agreement
1. You may withdraw from this Agreement without
giving a reason by contacting us using the details provided in Clause 8.3
below. You have fourteen (14) calendar days to do so, starting from the day
after you enter into this Agreement.
2. If you choose to withdraw from this
Agreement, the Agreement will end, and you will have to repay any Loan Amount
outstanding.
3. Withdrawal from the purchase contract
1. If you can withdraw from your purchase
contract, for example by returning the goods to the merchant, in most cases the
merchant will credit any applicable funds back to your Pay in 3 Plan. This
amount will be used to satisfy any Loan Amount outstanding.
2. If you choose to withdraw only from part of
your order under the purchase contract or the merchant provides a partial
refund, the Loan Amount will be reduced accordingly with the future instalments
to be paid pursuant to the Repayment Plan being reduced equally and
proportionally. You can view your revised Loan Amount and Repayment Plan by
logging into your PayPal account.
3. Where your purchase contract was funded by
PayPal account balance and /or special funding arrangement in addition to your
Pay in 3 Plan:
a. If you withdraw from your purchase contract
or from part of your order under the purchase contract, or the merchant
provides a partial refund, any refund will be applied in the following order:
i. firstly credited to your Pay in 3 Plan and
used to satisfy any Loan Amount outstanding;
ii. secondly credited to your PayPal account
(only where the purchase contract was partly funded by your PayPal balance);
iii. any remaining amount will be applied to
re-instate or partially re-instate the special funding arrangement in your
PayPal account (if it has not already expired) on the terms which applied to it
at the time of the purchase contract.
b. Where the refund amount is not enough to
satisfy the Loan Amount in full, it will be reduced accordingly with the future
instalments to be paid pursuant to the Repayment Plan being reduced equally and
proportionally. In this situation, any special funding arrangement will not be
re-instated to your PayPal account.
If any activity detailed in this Clause 4
results in an overpayment to your Pay in 3 Plan, PayPal would reimburse you the
overpaid amount within thirty (30) calendar days.
4. In the event you receive a refund from a
merchant, it is your responsibility to return the item purchased to the
merchant and, other than as set out in this Agreement and your statutory
rights, we will not be held liable for a dispute between you and the merchant
in relation to an item purchased.
4. Repayments
1. You are required to repay the Loan Amount in
accordance with the Repayment Plan as updated from time to time.
2. Each repayment will be automatically debited
from your chosen Repayment Method (as may be updated from time to time) on the
dates set out in the Repayment Plan.
3. You can also repay the next instalment in
your Repayment Plan or the outstanding Loan Amount at any time. You may do this
by logging into your PayPal account and clicking on the “Make a Payment” button
in the Pay in 3 section or by contacting our customer service team.
4. If you choose to repay the next instalment in
your Repayment Plan early, we will not debit your Repayment Method on the date
specified for that instalment.
5. There are no fees or charges associated with
making a repayment in accordance with Clause 5.3 above.
6. If PayPal tries to debit your Repayment
Method for the repayment of an instalment and it fails, we may represent that
amount to your Repayment Method for payment within 10 days or alternatively take
the repayment from the balance of your PayPal account, if any.
7. If you repay us more than you owe us, we will
refund any excess amount to your PayPal account within thirty (30) calendar
days.
8. If we refund your PayPal account and it is
later determined that no refund should have been paid, we will be entitled to
recover it from your PayPal account where there is sufficient balance or from
your Repayment Method.
9. Repayments made by you under this Agreement
will be applied: first, to past instalments which are due but unpaid (if any);
then to the current instalment being due; and then to future instalments in the
date order that they fall due.
10. Missing a repayment could have severe
consequences, including our taking legal action against you, and may make
obtaining credit more difficult. If you miss a repayment:
Your credit records may be affected in a way
that makes it more difficult or expensive to obtain further credit; and
You may face legal action to recover what you
owe.
5. Your Pay in 3 purchases
1. The Pay in 3 Plan is only available in GBP.
For transactions not in GBP, PayPal will automatically convert the transaction
amount to GBP at checkout before providing you with the Pay in 3 Plan. Any
applicable currency conversion or other charges will be applied in accordance
with your PayPal User Agreement.
2. PayPal may enable the use of special funding
arrangements for Pay in 3 purchases in its absolute discretion.
3. For the avoidance of doubt, you must continue
to make the repayments due under this Agreement on their due date whilst any
claim and/or dispute you raise is being investigated.
6. Our liability
1. We shall not be responsible if you are unable
to use your Pay in 3 Plan or should we be unable to carry out any of our
obligations under this Agreement due to:
our compliance with applicable laws or
regulation; or abnormal and unforeseeable circumstances beyond our reasonable
control, the effects of which would have been unavoidable despite our efforts
to the contrary.
2. You cannot use a claim against a merchant as
a reason for not making repayments to us unless you have a legal right to do
so.
7. Communication
1. By derogation from your PayPal User
Agreement, any notice to be provided to you by us under this Agreement will be exclusively
sent by posting it on the PayPal website(s) (including the posting of
information which is only accessed by logging into your Account), emailing it
to the email address listed in your Account, calling you by phone, or sending
you a “text” / SMS message.
2. If we have reasonable grounds for believing
that you have changed your email and postal addresses, for example because our
correspondence is returned to us, we may instruct agents to trace you.
3. You can contact us online at www.paypal.com/uk
by selecting ‘Help’ and then ‘Contact us’.
8. Changing this Agreement
1. We may change any term of this Agreement
where the change is necessary to make the Agreement fairer to you or easier to
understand or reflects a change in relevant laws or regulation. Unless
prohibited from doing so by law or regulation, we may make the change
immediately and tell you about it within sixty (60) calendar days.
2. If you apply for and are offered further Pay
in 3 Plans, those Plans will be subject to the terms that apply as at the date
of the relevant Pay in 3 Plan, which may differ from the terms of this
Agreement. You are responsible for ensuring that you are familiar with the
terms of each Pay in 3 Plan you enter.
9. Termination
1. This Agreement shall automatically terminate
once the Loan Amount is repaid in full.
2. We may terminate this Agreement and the
related Pay in 3 Plan and demand immediate repayment of the full amount you owe
us if: we find out that our decision to lend to you was based on inaccurate,
misleading or incomplete information;
a. you breach this Agreement regularly or
seriously;
b. you break the law or you appear on any
sanctions list that we monitor;
c. we have a reasonable belief that you no
longer have the ability to control your account, including if you are deceased
or of unsound mind;
d. you have broken the terms of another
agreement with us (including other Pay in 3 Plans or a PayPal Credit
agreement);
e. we reasonably believe you no longer reside in
the United Kingdom; or
f. if you close or attempt to close your PayPal
account.
3. To the extent permitted by the applicable
law, we may also ask you to pay any reasonable losses and costs that we incur
because of you breaching this Agreement.
4. You may terminate this Agreement at any time
by repaying the outstanding Loan Amount due at this date within the conditions
set out in Clause 5.3 above.
10. General
1. The laws of England and Wales apply to this
Agreement and any dispute shall be subject to the exclusive jurisdiction of the
courts of England and Wales.
2. PayPal (Europe) S.à.r.l. et Cie, S.C.A. (a
limited liability partnership registered at the companies register of
Luxembourg under number B 118 349, having its registered office at 22-24
Boulevard Royal, L-2449, Luxembourg) is duly licensed as a Luxembourg credit
institution and is under the prudential supervision of the Luxembourg
supervisory authority, the Commission de Surveillance du Secteur Financier,
with registered office in L-2449 Luxembourg.
3. This Agreement contains the whole agreement
between us and you regarding your Pay in 3 Plan and supersedes and replaces any
prior written or oral agreements, representations or understandings between us
and you in relation to this Agreement. Each party confirms that it has not entered
into this Agreement based on any representation that is not expressly
incorporated in this Agreement. In the event of a conflict between this
Agreement and any provision of the PayPal User Agreement, the terms of this
Agreement shall prevail.
4. You acknowledge and agree that any liability
that we may have in connection with your PayPal Account and the PayPal products
and services we may provide to you from time to time may be subject to
write-down and conversion powers by a competent regulatory authority that
supervises us, notwithstanding any term of any other agreement or arrangement
between us. This is due to a requirement in a European Union Directive
(2014/59/EU) (as transposed into relevant national law) which provides
regulatory authorities with such powers to manage the resolution of relevant
financial institutions like PayPal. These powers are intended to avoid or
reduce the need for governments and taxpayers to bail out relevant failing
financial institutions.
5. By your use of your PayPal Account and any
PayPal products and services, you acknowledge and agree to be bound by the
effect of such write-down and conversion powers, which include (among others)
(a) a reduction, in full or in part, of any amounts that may be due by PayPal
to you; (b) a conversion of all, or part of, any such liability into shares in
PayPal; (c) a cancellation of any such liability; and (d) a variation of any
term of our relevant agreement(s) in connection with your PayPal Account and
any PayPal products and services with a view to enable the effective exercise
of these powers. For example, the money that PayPal owes you may be converted
into PayPal shares instead of being paid to you in cash.
11. Complaints
1. If you have a complaint against us, our goal
is to learn about and address your concerns. Complaints may be reported by
contacting us online at www.paypal.com/uk by selecting ‘Help’ and then ‘Contact
us’.
2. You may also file a complaint by contacting
one of the following:
European Consumer Centre (ECC-Net). You may
obtain further information regarding the ECC-Net and how to contact them at
http://ec.europa.eu/consumers/redress_cons/.
a. Commission de Surveillance du Secteur
Financier (CSSF). The CSSF is the authority responsible for the prudential
supervision of companies in the financial sector in Luxembourg. You can contact
the CSSF at 110 Route d’Arlon L-2991 Luxembourg. You may obtain further
information regarding the CSSF and how to contact them at: http://www.cssf.lu.
3. If we do not resolve your complaint
internally to your satisfaction, you may be able to refer it to the Financial
Ombudsman Service (FOS). The FOS is a free, independent service which might be
able to settle your complaint. The FOS’s contact details are:
Post: Financial Ombudsman Service, Exchange
Tower, Harbour Exchange, London, E14 9SR Telephone: 0800 023 4567
E-mail: complaint.info@financial-ombudsman.org.uk
You can find out more information from the FOS
website: www.financial-ombudsman.org.uk
12. Data Protection
Please refer to our Privacy Statement at
https://www.paypal.com/uk/webapps/mpp/ua/privacy-full for more information
about how PayPal processes your personal data.
If you want to exercise your data protection
rights or have any questions about our Privacy Statement, PayPal's data
protection practices, or your PayPal Pay in 3 application, you can contact us
online at www.paypal.com/uk by selecting ‘Help’ and then ‘Contact us’, or by
writing to us at the following email address DPO@paypal.com or at
PayPal (Europe) S.à.r.l. et Cie, S.C.A Société en Commandite par Actions 22-24
Boulevard Royal L-2449, Luxembourg.
The details you provide in your application form
help us make responsible lending decisions. We ensure the security of your
personal data.
For credit decisions and the prevention of fraud
and money laundering, we may use credit reference and fraud prevention agencies
(“FPAs”) to help us make decisions.
When you apply to us to open a Pay in 3 Plan, we
will check the following records about you:
• Any PayPal data that we currently hold in
relation to you.
• Potentially, those at credit reference
agencies (“CRAs”). The identities of the CRAs, and the ways in which they use
and share personal information, are explained in more detail at:
www.transunion.co.uk/crain
www.equifax.co.uk/crain
www.experian.co.uk/crain
Information on applications will be sent to CRAs
and will be recorded by them. Where you borrow from us, we will give details of
your Pay in 3 Plans and how you manage them to CRAs. If you do not repay in
full and on time, CRAs will record the outstanding debt. This information may
be supplied to other organisations by CRAs and FPAs to perform similar checks
and to trace your whereabouts and recover debts that you owe. Records remain on
file for 6 years after they are closed, whether settled by you or defaulted.
If you provide false or inaccurate information
and we suspect or identify fraud, we will record this and will pass this
information to FPAs, and other organisations involved in fraud and money laundering
prevention.
