LEGAL & PCI

United Kingdom & Europe- English

Last Update: May, 2019

1. Buyer, whose name appears below (“Buyer”, “You”, or “Your), promises to pay the full amount of the total authorised purchase price (“Purchase Price”) in a single payment or in the number of instalment payments set forth in the Recurring Instalment Payment Authorisation (“Authorisation”) to Seller (“Seller”, “We” or “Us”). Payment will be made by the Buyer authorising Seller to charge Buyer’s credit or debit card (“Card”) in a single payment (“Single Payment”) or, if applicable, in equal monthly instalments as set forth in the Authorisation (each an “Instalment”) for each month until paid in full. Buyer acknowledges and agrees that nothing herein is intended to create a debtor/creditor relationship between the parties.

2. Single Payment
– Current Single Payment. If Buyer agrees to a Single Payment, then Buyer authorises Seller to charge Buyer’s card for the Purchase Price in a Single Payment subject to the terms and conditions hereunder, but subject to the terms and conditions of Buyer’s card.
– Deferred Single Payment. If agreed by the Seller, Buyer may have the option of deferred payment for the Single Payment for the number of days agreed by the Seller in the Authorisation at the time of purchase. At the expiry of the agreed deferral period, the Purchase Price remaining will be charged to the Buyer’s card.

3. Instalment Payments
– Current Instalment Payments. If Buyer is paying by Instalment, then Buyer authorises Seller to hold an authorisation against the Buyer’s card for the Purchase Price, adjusted each month, based on the payment Instalments to date until the Purchase Price is paid in full to Seller.
– Deferred Instalment Payments. If Seller allows deferred payments for any or all Instalments, the number of days agreed at time of purchase and set out in the Authorisation will defer the payment of each Instalment by the agreed for stated number of days. If an Instalment has not been paid at the expiry of deferral then Buyer’s card will be charged the remaining Instalment amount.

4. Buyer agrees that Seller will obtain authorisation on Buyer’s card for the full amount of the Purchase Price at the time of sale, for Single or for Installment payment, as agreed, and for Instalment payments, Seller will obtain authorisations on Buyer’s card each month for the Instalment and the entire remaining balance of the Purchase Price. Buyer understands that this authorisation will remain in effect until Buyer cancels it in writing.

5. Buyer agrees that for deferred payments, Seller may obtain an Authorisation on the full amount of the Purchase Price and such Authorisation shall be adjusted monthly and/or in accordance with the deferral, to account for the terms of the agreed payment agreement until payment of the Purchase Price in full.

6. Buyer acknowledges that Seller obtaining initial authorisation for the Purchase, along with monthly authorisation for each Instalment and the outstanding balance, may adversely impact Buyer’s available credit on Buyer’s card. Buyer agrees that the Seller shall not be liable for any adverse consequences to Buyer.

7. Fraud Detection. Buyer acknowledges and understands that Splitit may use fraud detection technologies or other similar preventive tools of third parties with respect to transaction authorisations. In the event that Splitit, or any third party on behalf of Splitit, indicates an illegal, fraudulent or other credit risk activity associated with a transaction made by a Buyer, such transaction may be limited or declined by Splitit and/or Buyer.

8. Buyer agrees to notify Seller in writing via Buyer’s user account at support@Splitit.com of any changes to Buyer’s card account information or termination of this authorisation. We will update such information and process such requests within 30 days after our receipt of such request. Buyer understands that the Instalment payments may be authorised and charged on the next business day. Buyer further understands that because these are electronic transactions, any authorisations and charges may be posted to your account as soon as the Instalment payment dates.

9. Any payment not paid when due will be charged interest at the Annual Percentage Rate stated in the Buyer’s Card agreement and disclosure statement until fully paid. To the extent applicable, Buyer agrees that any Installment amounts due on the Purchase that have been charged to Buyer’s Card and not paid when due or if the statement balance is not paid in full when due, pursuant to the Buyer’s agreement with their Card issuer (“Issuer”), Buyer will be charged interest at the Annual Percentage Rate stated in the Issuer’s Disclosure Statement, or under other applicable law or regulation, until the Installments are fully paid.

10. In the case of an Authorisation being rejected for any reason, Buyer understands that Seller may, in its discretion, attempt to process the charge again within Seven (7) days.

11. In the event that Buyer’s Issuer fails to pay an Instalment for any reason, Seller, at its discretion, may charge Buyer’s card at any time for the full outstanding amount due.

12. In consideration for services provided by Splitit UK Limited (“Splitit”) to Seller, Buyer agrees that Splitit will have the right to communicate with and solicit Buyer via e-mail (or other means). This provision is operational for not less than five (5) years from the date of the initial authorisation.

13. Buyer understands that Splitit is not a party to this Agreement, which is solely between Buyer and Seller.

14. Buyer understands and agrees that Splitit is not responsible for the delivery and quality of goods purchased in this transaction.

15. Buyer acknowledges that the origination of any authorised transactions to the Buyer’s account must comply with the provisions of U.K. law. Buyer certifies that Buyer is an authorised user of the card utilised for this transaction and the Instalments and will not dispute these transactions with Buyer’s card company, so long as the authorisations correspond to the terms indicated in the authorisation form.

16. Buyer agrees that if delivery of the goods or services are not made at the time of execution of this Agreement, the description of the goods or services and the due date of the first Instalment may be inserted by Seller in Seller’s counterpart of the contract after it has been signed by Buyer.

17. If any provision of this contract is determined to be invalid, it shall not affect the remaining provisions hereof.

18. Privacy Policy. Buyer’s privacy is important to us. You may obtain a copy of Splitit’s Privacy Policy by visiting their website at https://www.splitit.com/legals/splitit-privacy-cookies-policy/. As permitted by law, Seller and Splitit may share information about our transactions and experiences with Buyer with other affiliated companies and unaffiliated third parties, including credit rating agencies, other creditors and fraud detection service provider. However, except as permitted by law, neither Seller nor Splitit may share information which was obtained from credit applications, consumer reports, and any third parties with companies affiliated with us if Buyer instructs us not to share this information. If Buyer does not want us to share this information, Buyer shall notify us in writing via Buyer’s user account at [consumer.payitsimple.com] using the password Buyer was provided with for such notification and for accessing information on Splitit’s website or by email at: support@splitit.com. Buyer shall include Buyer’s name, address, account number and the last four digits of Buyer’s card number used in this transaction so such request can be honoured. Seller may report about your account to credit rating agencies. Late payments, missed payments, or other defaults on your card account may be reflected by Your Issuer in Your credit report.

19. Any dispute, controversy or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Rules of the London Court of Arbitration, which Rules are deemed to be incorporated by reference into this Section 15. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London. The language to be used in the arbitral proceedings shall be English.

20. Third party rights. Nothing in this Agreement confers or is intended to confer a benefit enforceable by a person who is not a party to it and no term of this Merchant is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this Agreement.

21. Governing Law. This Agreement (and any non-contractual obligations arising out of or in connection with the same) shall be governed by and interpreted in accordance with the laws of England and the courts of England shall have exclusive jurisdiction to settle any dispute or claims which may arise in connection with this Agreement (including in relation to any non-contractual obligations).