Retail Instalment Consumer Terms of Service
We are a retailer of goods or services that you are seeking to purchase (“us“, “our” or “we” or “Merchant”). These Retail Instalment Consumer Terms of Service together with the Disclosure Statement provided to you (collectively, the “Agreement”) is between us and you, the cardholder who is making the purchase (“Buyer“).
This Agreement is in addition to our normal terms of business, including our return policy. By choosing to make this purchase using instalments, you agree to be bound by this Agreement. These additional terms for payment by instalment apply when you select the option of paying for your purchase by instalments, using a payment card issued by a credit card issuer (“Issuer”). In order to process card payments by instalment, we are using a third party technology service provided by Splitit Operations CA Ltd. (“Splitit” or “Service Provider”). You have not entered into any agreement with Splitit.
How it Works. By selecting the “Splitit” payment option at the checkout page, you authorize us to put a hold on your payment card for the Total Sale Price (as defined below under Authorizations), however we will only charge the eligible card provided to us over time in the number of payments and in the amounts that you selected at checkout (we call these payments “Instalments“). The date and amount of each Instalment (and other important disclosures) are shown at checkout before you complete your purchase and a complete record is emailed to you immediately after you complete your purchase. We will charge the initial payment (the first Instalment) to your card when your order is completed (or later, if shipment is later, in accordance with the payment schedule). Each subsequent Instalment is charged monthly, on the dates shown in the payment schedule presented to you at checkout, until the entire amount due under this Agreement is paid. As further described under the Authorizations section, your card is eligible if there is available credit (or balance, in the case of a debit card) to support an Authorization for the Total Sale Price and you are authorized to use the payment card to make the transaction. If we are not able to renew an authorization for the amount you owe by your next Instalment due date we may, subject to any notice required by applicable law, charge your card for the Total Sale Price, less the amount of any Instalments you have already paid.
Neither we nor Splitit impose any interest or additional charges on you for selecting this payment option. However, you should be aware that you may have to pay other taxes or costs that are not imposed by us (such as internet charges, fees and interest imposed by the Issuer or charges imposed by customs in your country). IN PARTICULAR, PLEASE NOTE, AS INSTALMENT PAYMENTS ARE BEING CHARGED TO YOUR CARD, YOU MAY BE CHARGED INTEREST AND FEES OR OTHER CHARGES IMPOSED BY YOUR CARD ISSUER UNDER THEIR AGREEMENT WITH YOU. THIS COULD INCLUDE OVERDRAFT FEES, PERIODIC INTEREST, OR OVER-THE-LIMIT FEES. YOU ARE SOLELY RESPONSIBLE FOR THESE FEES.
If you provide a credit card to make payments, we may obtain an authorization against your credit card for up to the total amount of your purchase (“Total Sale Price”). An “authorization” means that the available credit on your credit card will be reduced by an amount, up to the Total Sale Price, in order to ensure you have sufficient available credit to make future payments. You will likely not be able to use that amount of your credit line while the authorization remains in place, subject to rules imposed by your Issuer. Even if your Issuer does not restrict the available credit, you must ensure that you have enough available credit to cover the full outstanding amount owed under this Agreement for your purchase at all times.
To ensure we retain a valid authorization against your credit card, we will renew the authorization periodically using the credit card details provided at the time of purchase (or a subsequent credit card you provide). The amount of each authorisation will be reduced by Instalments already paid. It may take up to 5 days for the amount of the authorization to be reduced after you make a payment. We will notify you by email approximately 24 hours before the authorization is renewed.
If any authorization we seek to make against your credit card fails, we will contact you by email (using the email address you provided at checkout) to let you know. We may also contact you via SMS to the extent you have authorized us to do so. We will also keep attempting to get approval for the authorization by submitting a request to your payment card periodically for up to 7 days. You can provide us with a different eligible credit card to use for authorizations and Instalments via the consumer portal, using the unique link we email to you when you enter into this Agreement (“Portal“). By providing a new credit card, you authorize us to obtain authorizations for the remaining amounts owed under this Agreement, as set forth in this Agreement, and you further authorize us to charge this updated credit card for outstanding Instalments owed, when due under this Agreement. You also authorize us to charge or refund your credit card as necessary to correct any errors. If we are not able to renew an authorization for the amount you owe under this Agreement by your next Instalment due date, and you do not make an Instalment payment by the due date (subject to any applicable grace period) or successfully authorize those amounts on another eligible card, we may charge your credit card for the Total Sale Price, less the amount of any Instalments you have already paid.
Debit cards. We may, but are not required to, allow you to use a debit card to complete your purchase. If you provide a debit card to pay Instalments under this Agreement, a temporary hold may be placed against your debit card for the Total Sale Price at the time of purchase, but we will only charge your debit card for your first Instalment payment at this time. The remaining amount of the hold, if applicable, will be cancelled in approximately 3 – 5 days after the date of your purchase, but processing times may vary depending on your bank or financial institution. We will continue to charge your debit card, monthly, for the amount of each subsequent Instalment, on each Instalment date, until the entire amount due under this Agreement is paid. In the event that there are insufficient funds available on the debit card to pay any Instalment, we will notify you. If any payment attempt is unsuccessful or returned to us unpaid, we may retry the payment attempt, unless prohibited by law.
BY COMPLETING THIS PURCHASE, YOU PERMIT US TO TAKE AUTHORIZATIONS (IF APPLICABLE) AND PAYMENT IN INSTALMENTS IN THE WAY DESCRIBED ABOVE AND CONTACT YOU IN CONNECTION WITH YOUR PURCHASE.
Handling Card Payments and Notifications. We use a third-party technology platform provided by Splitit to keep a record of payments you owe us and we use their platform to process authorizations and payments at the times we have agreed and to send notifications to you. You will see some of the emails say they are “powered by Splitit”. This should help you identify what payments we are contacting you about. You never enter into an agreement with Splitit.
Returns and Cancellations. You may return the goods to us as set forth in our Return Policy. You are allowed to cancel this Agreement at any time by informing us in writing or by email or via the Splitit platform. This Agreement may not be cancelled if you only tell us orally. If you give us notice that you want to cancel this Agreement, it will be terminated and all outstanding Instalments will become immediately due. You may need to provide additional information in connection with any notice of termination or cancellation in order for us to properly identify the Agreement that is being terminated. We will send you an email following the completion of your purchase with details of how you can access information on your payments in a secure, password protected consumer portal. There is information on how you can terminate the Agreement maintained on our website and through the secure, password protected consumer portal. You can email our Service Provider at [email protected].
Default. Subject to applicable law, which may require that we notify and/or give you a right to cure your default, we may declare you in default under this Agreement for any of the following reasons: (1) you fail to pay any Instalment by the due date, and after any applicable grace period; (2) you violate any promise you make to us in this Agreement which significantly impairs your ability to pay or our ability to collect the amounts due under this Agreement; (3) you file for bankruptcy, or become subject to a proceeding which seeks relief from debt; (4) you have made a false or misleading statement about an important matter in connection with this Agreement; (5) you revoke your consent to electronic communications; or (6) you die or become legally incompetent.
Consequences of Default. If you are in default of this Agreement, we can require you to pay the remaining amount you owe us under this Agreement immediately, subject to any right you may have to notice of default and to cure such default. We may seek payment of this amount by charging your credit or debit card pursuant to any authorization you provided us under this Agreement.
Assignment. You are hereby notified and agree that we may transfer, sell, or assign this Agreement, the Instalments, or any associated rights, to a third party, including Splitit or one of its affiliates without any further notification to you. If we do so, this Agreement will remain in effect and will be binding on and will inure to the benefit of our assign(s). You may not transfer your rights under this Agreement and any attempt to do so will be void.
Governing law; Miscellaneous
[NOT APPLICABLE TO RESIDENTS OF QUEBEC]: This Agreement (and our dealing prior to this Agreement being made) shall be governed by the laws of the province of Ontario and the federal laws of Canada applicable therein, provided that you are entitled to the benefit of any mandatory consumer protection rules of the country of your primary residence. All communications from us with you will be in English. The courts of Toronto, Ontario have jurisdiction to hear any disputes about this Agreement, including any question regarding its existence, validity or termination, unless you live in another part of Canada in which case any disputes may be brought in that part of Canada, in the capital city in the province in which you reside.
[FOR RESIDENTS OF THE PROVINCE OF QUEBEC]: This Agreement (and our dealing prior to this Agreement being made) shall be governed by the laws of the province of Quebec and the federal laws of Canada applicable therein. The courts of Montreal, Quebec have jurisdiction to hear any disputes about this Agreement, including any question regarding its existence, validity or termination.
If any provision of this Agreement or portion thereof is held to be unenforceable, this determination will not affect the remainder of this Agreement.
THE PARTIES HEREBY ACKNOWLEDGE THAT THEY HAVE REQUIRED THIS AGREEMENT AND ALL RELATED DOCUMENTS TO BE DRAWN UP IN THE ENGLISH LANGUAGE. LES PARTIES RECONNAISSENT AVOIR DEMANDÉ QUE LE PRÉSENT CONTRAT AINSI QUE LES DOCUMENTS QUI S’Y RATTACHENT SOIENT RÉDIGÉS EN LANGUE ANGLAISE
Using your information
We may share information about our transactions and interactions with you with Splitit and other affiliated companies. We may also share information about our transactions and interactions with unaffiliated third parties in connection with providing this service to you, including fraud detection services.
If you do not want us to share this information, you must notify us in writing or by email through our Service Provider at: [email protected]. If you email us a notification, you must include your name, address, and the last four digits of your card number used in this transaction so that such a request can be honoured. Do not include your full card details in this email.
Communications. After completing your purchase, you will see some communications from us saying they are “powered by Splitit”. You will receive an email following the completion of your purchase with details of how you can access information on your payments in a secure, password protected Portal. You are responsible for obtaining and maintaining all telecommunications, mobile, broadband, computer, hardware, software, equipment and services needed to access information about this Agreement or your payment method; viewing, saving and/or printing your account documents online; and receiving any messages or documents you have consented to receive electronically. Some of the communications between you and us or any of our affiliates, agents, assigns and service providers, may be monitored and recorded for the purposes of providing the services described herein. You agree that we or our service providers may send e-mails to you at any e-mail address you provide us or use other electronic means of communication to the extent permitted by law. We are not required to act on any instruction or message from you provided by fax, SMS/text, telephone voice mail, message service or answering machine. Whenever this Agreement or applicable law requires or allows you to give us written notice, we will not consider SMS/text or fax to be written notice. You must notify us promptly of any changes to your e-mail address, phone number, mailing address, or other contact information by using the Platform or by emailing our Service Provider at [email protected].
Who to contact about this Agreement. Occasionally, you may require additional assistance in connection with this Agreement (for example, replacing payment method, number of outstanding Instalments, etc.). You may obtain information about your Agreement, including your remaining Instalments and your selected payment method through the Portal. You may also contact us through our Service Provider at [email protected] for technical support and information about this Agreement. If you have any questions about the goods and services you purchased under this Agreement, please contact our customer services department through the information provided on our website. We clarify that we hired Splitit to provide certain services and you do not have any agreement with them. Splitit cannot agree to any alternative arrangements other than to allow you to use a different card for the payment of any unpaid Instalments. In addition, Splitit does not have information regarding your relationship with the Issuer and accordingly cannot handle questions related to that arrangement.
To the extent there are any conflicts between this Agreement and our normal terms of business, the provisions contained herein take precedence.