PartPay Customer Terms & Conditions

Updated 24 April 2019

Thanks for visiting our website and considering the use of our services and products.  This agreement sets out the terms and conditions relating to the provision of our products and services to you.

This document sets out our agreement with you so you should read it carefully. By clicking to accept these terms and conditions you agree to the terms of our agreement. This includes our Privacy Policy and the instalment plan. Please also note that the terms and conditions of this Agreement may change from time to time and you should always check this Agreement every time you make an order.  However, the version of this Agreement at the time your order is made and the Instalment Plan is entered will apply to that particular Instalment Plan.

1. WHO IS THIS AGREEMENT BETWEEN?

We or us You
PartPay Finance Ltd,
trading as PartPay
The customer

2. WHAT MAKES UP OUR AGREEMENT?

2.1 Our agreement is made up of these terms and conditions, our Privacy Policy and your instalment plan.

What’s your instalment plan? What’s our platform?
This is the fortnightly payment plan, showing the amounts you owe us (including any default fees) and payment due dates. You can find this on our platform. This is the platform developed by us where you submit your details (e.g. your card details) and can find information on your instalment plan.

2.2 If we offer an instalment plan and you accept it , the terms of this agreement apply.
2.3 Our agreement will continue until you’ve repaid everything you owe us.

3. HOW WE CAN CONTACT EACH OTHER

3.1 If we need to get in touch with you, we’ll either call or text your mobile number or use the email address you’ve provided. You must tell us if your details change.
3.2 You can contact us: by email at support@partpay.co.uk or by post at 1 Fore Street, London, EC2Y 9DT.

4. HOW PARTPAY WORKS

(a) Setting up your account
4.1 You’ll need to have an account and register a card to pay with PartPay. Every time you add a card to your account, we’ll pre-authorise one pence to your account to check it’s valid. Once it’s been successfully added to your account, we’ll ask your bank to release the pre-authorisation.

What does pre-authorise mean?
This means we place a hold on an amount on your card to check you have funds available to pay it. The amount isn’t deducted from your account, but you can’t use it until the hold is released.

 

NOTE: We can’t control the time it takes your bank to cancel a pre-authorisation on your card. This usually takes less than an hour but it may be longer depending on the bank and whether it’s a weekend or public holiday.

 

(b) Your agreement with the retailer
4.2 The products or services you’ve purchased are subject to a separate agreement between you and the retailer. We aren’t responsible for any goods or services you purchase using our platform e.g. for their quality or availability.
4.3 You must contact the retailer directly if any issues arise with a product or service, including where you need to return goods you’ve purchased. Any returns are subject to the retailer’s returns policy.
4.4 Nothing in this agreement limits your rights under relevant UK consumer protection legislation, including the Consumer Rights Act 2015.

(c) Paying with PartPay
How payments will be made
4.5 When we accept your application for credit on our platform, we’ll pay the retailer for the products or services you’re purchasing. This means you’ll owe us, not the retailer. We’ll charge to your card the:
• initial 25% instalment at the checkout; and
• remainder as set out in your instalment plan (including any default fees).
4.6 You must pay us the amounts set out in your instalment plan on the payment due date, The instalment plan will cover the price for the products or services. We don’t add any charges for credit. However, if you’re late with any payment, we’ll charge default fees as follows:

What are default fees?
• £4 when you first miss a payment or pay late; and
• £4 for every week the payment remains unpaid (capped at £20).

 

4.7 You must continue to make payments under your instalment plan even where there’s an issue with the purchase you’ve made e.g. you haven’t received an item or you have an ongoing dispute with a retailer about your purchase.

When we’ll take payments
4.8 The table below explains when we’ll try to take a payment from your card:

When will we try to take a payment (including default fees)?
On the due date

 

If we haven’t been able to take a payment then:
3 days after the due date
And if we still weren’t able to – 7 days after the due date

 

4.9 If you’ve registered more than one card and we can’t take a payment from the card you’ve asked us to take your instalment plan payments from, we’ll take payments from another card on your account.
4.10 Each time you make a new purchase through our platform, you’ll enter into a new agreement with us.

What happens if you miss a payment?

It’s important that you have enough money available on your card to make the payments set out in your instalment plan. If you’re having difficulty making payments you must contact us.

 

4.11 If you don’t make a payment on time, we’ll charge default fees and may notify a credit reference agency. This could make it more difficult to obtain credit in future.
4.12 We may waive or defer payment of a default fee but if we do, you’ll still owe us any payments due under your instalment plan.
4.13 You’ll be responsible for any fees your bank may charge you if we take, or attempt to take, a payment from your card when there are no funds available.
4.14 We may appoint a third party collection agency to collect the amounts you owe us. You may be responsible for the reasonable costs of our collection agents, including our reasonable legal costs.
4.15 You must not set off or make any other deduction from a payment due under an instalment plan for any reason including if you have a dispute or issue with the retailer in relation to your purchase.

Can you repay early?
4.16 You can repay all or part of what you owe us early by logging into our customer portal at https://portal.partpay.co.uk and selecting Pay Now.
4.17 If you repay part of what you owe us early but you still owe us money, you must continue to make payments under your instalment plan but you’ll repay what you owe quicker.

Refunds
4.18 Once you’ve entered into your instalment plan, we can’t cancel or amend it unless the retailer asks us to in writing e.g. where they tell us you require a refund. If they do, we’ll automatically amend your instalment plan and refund your card, if required. We’ll apply refunds first to the last existing instalment and work backwords.
4.19 Refunds can take between 5 – 10 business days but the timings will depend on your bank.

What’s a business day?
A working day is usually Monday to Friday (excluding public holidays).

 

5. USING PARTPAY IN-STORE

5.1 To make a purchase in-store with one of our PartPay partners, you’ll need to apply for an in-store code for the amount of your purchase.

What’s an in-store code?
This is the alphanumeric code, barcode or QR code we give you when you apply to pay with PartPay in-store at a participating retailer.

 

5.2 When you apply for an in-store code, we’ll pre-authorise 25% of the purchase price on your card to check you have enough money to make your first payment. While this is in place, you can’t use these funds but when an in-store code is used, cancelled or expires, we’ll automatically ask your bank to release the pre-authorisation.
5.3 When you use an in-store code, you’ll be charged 25% of the purchase price and you must then make the payments as set out in your instalment plan.

6. OUR OBLIGATION TO PROVIDE CREDIT

6.1 We aren’t required to give you access to our platform or provide you with credit. Each time you make an application for credit, we’ll take many different factors into account e.g. your repayment history and any funding constraints that may exist. This means that we may not give you credit in future when we did in the past and we won’t always give you a detailed explanation as to why.

7. YOUR RESPONSIBILITIES

7.1 You confirm that:
(a) you’re over the age of 18;
(b) you have a current UK address;
(c) you have authority to use a UK debit or credit card; and
(d) the information you’ve given us is accurate and not misleading.

Keeping your account secure
7.2 You must keep your account details, password and in-store code safe and secure and not share them with anyone else. You’ll be responsible for any unauthorised use of your account, or instore code, including any orders placed, unless we’ve been negligent or caused the security breach.
7.3 You must contact us immediately if you suspect your account may have been used by an unauthorised third party or there is any other suspected fraudulent activity.

8. YOUR PERSONAL INFORMATION

8.1 Our Privacy Policy explains how we use your information and sets out your rights to your information. You can find this at https://partpay.co.uk/privacy-policy/

9. VAT

9.1 We don’t apply VAT separately to the value of the goods or services you’ve purchased.

10. TRANSFERRING THIS AGREEMENT

10.1 You can’t transfer any of your rights and obligations under this agreement without our consent.
10.2 We can transfer all of our rights and obligations under this agreement to a third party without your consent.

11. OUR LIABILITY

11.1 Except where the law says otherwise, our liability to you for any claims arising out of or in connection with this agreement will be limited to the total value of the instalment plan.
11.2 Neither of us will have any liability for any indirect, consequential or economic loss.

12. COMPLAINTS

If you have a complaint about our services, please contact us:
By email: support@partpay.co.uk
By writing to us: PartPay Finance Limited, 1 Fore Street, London, EC2Y 9DT

 

13. OTHER IMPORTANT INFORMATION

13.1 If we decide not to enforce any of these terms or our rights when we’re entitled to, we don’t waive our right to take that action (even in similar circumstances) e.g. if we don’t charge a fee when we normally would, we’re entitled to charge this to you or ensure that we charge it going forward.
13.2 This agreement represents the entire agreement between us.
13.3 If any provision of this agreement is found to be invalid, illegal or unenforceable, then that provision will be treated as though it were not included in the agreement but the other terms will remain in full force and effect.

14. GOVERNING LAW AND JURISDICTION

What laws will govern the agreement? What courts will have non-exclusive jurisdiction?
England and Wales