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GENERAL CONDITIONS OF SALE

United Kingdom and Europe – French

Last updated: June 2024

  1. The Buyer, named below (“Buyer”, “You” or “Your”), agrees to pay the full amount of the total authorized purchase price (“Purchase Price”) in a single payment or in the number of periodic installments set forth in the recurring periodic installment authorization (“Authorization”) to the Seller (“Seller”, “We” or “Us”). Payment will be made by the Buyer authorizing the Seller to charge the Buyer’s credit card or debit card (Card) in a single payment (“Single Payment”) or, if applicable, in monthly installments of equivalent amounts, as set forth in the Authorization (each an “Installment”), each month until paid in full. The Buyer agrees and acknowledges that nothing herein shall be deemed to create a debtor-creditor relationship between the parties.
  2. Single regulation
    • Immediate Single Payment. If the Buyer accepts a Single Payment, the Buyer authorizes the Seller to charge the Buyer's card the Purchase Price in a single Payment in accordance with the terms hereof, subject to the conditions associated with the Buyer's card.
    • Deferred Single Payment. If the Seller allows it, the Buyer has the option to defer payment of the Single Payment for the number of days agreed to by the Seller in the Authorization at the time of purchase. Upon expiration of the deferral period, the remaining Purchase Price will be charged to the Buyer's card.
  3. Periodic payments
    • Immediate periodic payments. If the Buyer pays according to a payment schedule, the payment schedule authorizes the Seller to hold an authorization on the Buyer's card for the Purchase Price, adjusted monthly based on the payments, until the date of full payment of the Purchase Price to the Seller.
    • Deferred Periodic Payments. If the Seller authorizes deferred payments for some or all of the periodic payments, the number of days agreed upon at the time of purchase and specified in the Authorization will defer payment of each Payment by the number of days agreed upon. If an Payment has not been honored at the expiration of the deferral, the Buyer's card will be charged the amount of the remaining Payment.
  4. The Buyer agrees that the Seller will obtain authorization on the Buyer's card for the full amount of the Purchase Price at the time of sale, for a Single Payment or Periodic Payments, as applicable, and for Periodic Payments, the Seller will obtain authorizations on the Buyer's card for each month of Payment and for the full remaining balance of the Purchase Price. The Buyer acknowledges that this authorization will remain in effect until canceled in writing by the Buyer.
  5. The Buyer agrees that, in the context of deferred settlements, the Seller may obtain an Authorization on the full amount of the Purchase Price and that this Authorization must be adjusted monthly and/or in accordance with the deferral, taking into account the agreed settlement agreement, until the Purchase Price is paid in full.
  6. The Buyer acknowledges that the Seller obtaining the initial authorization for the Purchase, as well as the monthly authorization for each Installment and the debit balance, may adversely affect the Buyer's available credit on the Buyer's card. The Buyer acknowledges that the Seller cannot be held responsible for any adverse consequences for the Buyer.
  7. Fraud Detection. Buyer agrees and acknowledges that Splitit may use third-party fraud detection technologies or similar prevention tools regarding transaction authorizations. In the event that Splitit, or any third party acting on Splitit's behalf, indicates illegal, fraudulent, or other credit-related activity associated with a Buyer's transaction, that transaction may be limited or declined by Splitit and/or Buyer.
  8. The Buyer agrees to notify the Seller in writing via the Buyer's user account at support@Splitit.com of any change to the Buyer's card details or termination of this authorization. We will update this information and process these requests within 30 days of receiving them. The Buyer acknowledges that Periodic Payments may be authorized and debited on the next business day. The Buyer further acknowledges that given the electronic nature of the transactions, any authorization and debit may be posted to the Buyer's account as early as the date of the Periodic Payments.
  9. Any unpaid payment due will be subject to interest at the annual percentage rate set forth in the Buyer's card agreement and annual statement until paid in full. To the extent applicable, Buyer agrees that any Instalments due in respect of the Purchase charged to Buyer's card and not paid when due, or if the statement balance is not paid in full when due, in accordance with Buyer's agreement with the card issuer ("Issuer"), Buyer will be charged interest at the annual percentage rate set forth in the Issuer's annual statement, or as otherwise permitted by applicable law or regulation, until such Instalments are paid in full.
  10. In the event that an Authorization is refused for any reason, the Buyer acknowledges that the Seller may, at its sole discretion, attempt to reissue the charge within Seven (7) days.
  11. In the event that the Buyer's Issuer cannot settle an Installment for any reason, the Seller, at its sole discretion, may charge the Buyer's card at any time for the remaining amount due.
  12. In consideration of the services provided by Splitit UK Limited (“Splitit”) to the Seller, the Buyer acknowledges that Splitit is authorized to communicate with the Buyer, and to solicit the Buyer by email (or other means). This provision is effective for a period of at least five (5) years from the initial authorization date.
  13. The Buyer acknowledges that Splitit is not a party to this Agreement, which is entered into solely between the Buyer and the Seller.
  14. The Buyer accepts and acknowledges that Splitit is not responsible for the delivery and quality of the goods purchased through this transaction.
  15. The Buyer acknowledges that the arrangement of any authorized transaction on the Buyer's account must comply with UK legal provisions. The Buyer certifies that he/she is an authorized user of the card used in connection with this transaction and the Payments and that he/she will not dispute these transactions with the Buyer's card company, as long as the authorizations correspond to the conditions stipulated in the authorization form.
  16. The Buyer acknowledges that if delivery of the goods or services is not made at the time of execution of this Agreement, the description of the goods or services and the due date of the first Installment must be inserted by the Seller in the Seller's consideration in the contract after signature by the Buyer.
  17. If any provision of this Agreement is determined to be invalid, the remaining provisions shall not be affected.
  18. Privacy Policy. Buyer privacy is important to us. For a copy of Splitit's Privacy Policy, please visit the website at https://www.splitit.com/legals/splitit-privacy-cookies-policy/. To the extent permitted by law, Seller and Splitit may share information about Buyer transactions and experiences with affiliated and non-affiliated third parties, including credit reporting agencies, other creditors, and fraud detection service providers. However, and except as permitted by law, neither Seller nor Splitit may share information obtained from credit applications, consumer reports, and third parties with our affiliates if Buyer instructs us not to share such information. If the Buyer does not want us to share this information, the Buyer must notify us in writing via the Buyer's user account at [consumer.payitsimple.com] using the password provided for such notifications and to access information on the Splitit website, or by email at support@splitit.com. The Buyer must include the Buyer's name, address, account number, and the last four digits of the Buyer's card number used for this transaction in order for this request to be processed. The Seller may report your account to credit reporting agencies. Late payments, missed payments, or other delinquencies on your card account may be reflected by your Issuer on your credit statement.
  19. Any dispute, controversy or claim arising out of or in connection with this Agreement, including any question concerning its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the rules of the London Court of Arbitration, the rules of which are hereby incorporated by reference into this Section 15. The number of arbitrators shall be one. The seat, or jurisdiction, of arbitration shall be London. The language used in the arbitration proceedings shall be English.
  20. Third Party Rights. Nothing in this Agreement confers or is intended to confer any benefit enforceable by any person who is not a party to the Agreement, and no term of this Agreement is enforceable, pursuant to the Contracts Act 1999 (Rights of Third Parties), by any person who is not a party to this Agreement.
  21. Applicable Law. This Agreement (and any non-contractual obligations arising out of or in connection with it) shall be governed by and construed in accordance with the laws of England, and the English courts shall have exclusive jurisdiction to settle any dispute or claim that may arise in connection with this Agreement (including in connection with any non-contractual obligations).