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. In the event that you are using a valid promotional code provided by SKINCEUTICALS, 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 SKINCEUTICALS.
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 SKINCEUTICALS’s right to modify its prices at any time, however the Products will be invoiced on the basis of 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 a large number of 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.
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 number;
• the expiry date;
• 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 Ayden or PayPal, SKINCEUTICALS’s designated payment partners.
SKINCEUTICALS 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 Ayden and 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 of 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 of 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
In order to use the Direct Payments Service, you must have an Apple Cash Account in good standing with Bank. As a result, all of the eligibility requirements set forth in the Apple Cash Terms must be satisfied in order 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 as a result 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
7. BUSINESS DAYS
Our business days are Monday through Friday, excluding U.S federal holidays.
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 defense 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 defense of these claims.
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 anydispute, claim, or controversy (whether based incontract,tort, statute, fraud, misrepresentation, or any other legal theory)arising out ofor relating to these Direct Payments Terms orthe 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 settledby binding arbitration before a single arbitrator. The arbitration shall beadministered by JAMS in accordancewith 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 arbitratormay 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. With the exception of 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 ApplePayments will be subject to arbitration as described herein.
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 general 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 general 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 favor 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 Accountsare 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 thatis 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 bethe Statein 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 areasonably convenient location as agreed by the parties. The arbitration will be conducted in English. The arbitrator will be either a retired judge or an attorneywith at least ten years of experienceand will be selected by the parties; provided, however,that if the parties are unableto 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.
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.
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
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]
Instalment 1: £[INSTALMENT AMOUNT] due on [DATE]
Instalment 2: £[INSTALMENT AMOUNT] due on [DATE]
Instalment 3: £[INSTALMENT AMOUNT] due on [DATE]
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 on the basis of 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 have the ability to 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 (provided that 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 will 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.
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.
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 into.
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 as a result 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.
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 on the basis of 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.
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: [email protected]
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 [email protected] 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:
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.