Consumer Terms & Conditions
Last updated: 16 September 2020
- These are the terms and conditions (the "Terms and Conditions") that apply to your access to, and use of, Laybuy's payment platform ("Platform") operated in the United Kingdom by Laybuy Holdings (UK) Limited, registered in England with company number (11156956) and having its registered office at 33 Foley Street, Fitzrovia, London W1W 7TL ("we", "us" and "our" and includes our officers, employees, contractors, agents, successors and assignees). Our VAT number is 305 6245 25. Accordingly, please read these terms and conditions carefully.
- Where we refer to "you" or "your" in these Terms and Conditions, we mean any individual using the Platform.
- By accessing and using the Platform, you acknowledge you have read, and agree to comply with, these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, do not download, access or use the Platform.
- We reserve the right to amend these Terms and Conditions, in whole or in part, for any reason and without notice to you. Amendments will be effective immediately upon posting of the amended Terms and Conditions on our website although no such change will affect any purchase of a Product or Service (as defined below) you have already placed with us. The date at the beginning of these Terms and Conditions will be updated to the date such amendments take effect. You are responsible for ensuring you are familiar with the latest Terms and Conditions. Your continued use of the Platform after any amendments are made will be confirmation of your acceptance of these Terms and Conditions as amended.
Conditions of Use
- To use the Platform you must be:
- 18 or more years old; and
- permanently reside in the United Kingdom
- To use the Platform you must be:
Purchasing goods and services
- The Platform permits you to purchase certain products and services made available by retailers approved by us ("Merchants"). Details of the Merchants can be found here Some of the products and/or services a Merchant sells may not be available to be purchased using the Platform. The Merchant and not us will advise you which products and services can be purchased via the Platform.
- When using the Platform in a store or online:
- you instruct us to purchase the product or services you select using the Platform ("Product" or "Service", as the case may be) from a Merchant;
- we will pay the full amount of purchase price for the Product or Service inclusive of any sales tax, delivery costs, booking fees, service charges and other fees the Merchant may impose on the Product or Service ("Purchase Price") to the Merchant less our commission;
- where applicable, the Merchant will arrange for delivery of the Product or Service we have purchased to you (with delivery times dependent on the Merchant and that Merchant's delivery terms and conditions), and in the case of the Product it will become your exclusive property on delivery;
- the Merchant will pay us a commission fee for assisting to procure the sale of the Product or Service to you; and
- you unconditionally, and irrevocably, agree to pay to us the full Purchase Price and such other sums as may be due to us in accordance with these Terms and Conditions on the terms set out in these Terms and Conditions.
Fees and payment
- Subject to clause 4.2, you must pay us the Purchase Price for each Product or Service you purchase from us using the Platform in six equal weekly instalments. The first instalment will be due and payable at the time you purchase the Product or Service. The second instalment will be due and payable on the date that is one week after the date of purchase and each of the four subsequent instalments will be due and payable on the same day in the weeks following. For example, if you purchase a Product or Service on a Friday, and the Purchase Price is £60, on the date of purchase you will pay £10 and on each Friday in the following five weeks you will be required to pay us an instalment amount of £10.
- Each purchase of Products or Services through our Platform is subject to our approval in addition to any transaction limit ("Your Limit") assigned to you for that purchase. If:
- the Purchase Price is in excess of Your Limit, the first instalment of the Purchase Price that is due and payable in accordance with clause 4.1 will be for the amount by which the Purchase Price exceeds Your Limit and the remainder of the Purchase Price owed will be divided and paid over the remaining five instalment payments. For example, if Your Limit is £60 and the Purchase Price is £80, on the date of purchase you will pay £20 (being the excess above Your Limit) and on each of the five remaining instalment dates you will pay £12.
- You will not be charged any interest on the amounts you are required to pay to us.
- By using the Platform, you grant us a direct debit authority to deduct all amounts owed by you to us in connection with any Product or Service you purchase, or otherwise under these Terms and Conditions (including default fees), from your nominated debit card or credit card. Your payment method will need to be approved by us before you will be able to purchase any Products or Services using the Platform.
- You will be responsible for ensuring you have sufficient available funds on your nominated debit card or sufficient available credit on your credit card, depending on the payment method we register on your account, to enable us to deduct all amounts owed by you to us in connection with any Product or Service you purchase, or otherwise, under these Terms and Conditions. You will have sole responsibility for paying all bank and/or card charges associated with any payment method we approve for you.
- At any time, you can pay some, or all, of the Purchase Price to us in advance of the due date of the instalment payments referred to in clause 4.1, without penalty. If you make any such early payment, all subsequent instalment payments will be adjusted accordingly so the same amount is due for payment on each subsequent instalment date (unless you prepay the full amount of the Purchase Price in which case there will be no more instalments).
- If for any reason whatsoever you fail to, or are unable to, make an instalment payment on its due date, you will have a further 24 hours to pay. If you fail pay within 24 hours of the due date, we will charge you a default fee of £6. If you do not rectify your default by making the missed instalment payment within the next seven days, we will charge you a further default fee of £6. As a result, you could be charged, in aggregate, £12 for each instalment payment you miss or which is paid late (and by using the Platform, you agree these default fees are fair and reasonable given the time and cost we will incur in dealing with your default). We may also arrange for a debt collection agency to collect the amount you owe us from you.
- You will not, for any reason, set off, deduct or withhold any amount in respect of payments due to us under these Terms and Conditions.
Your account, log in and security
- You may access or download the Platform for free (although you will need an internet connection to access or download, access and use the Platform and you may incur charges or fees from your mobile network provider associated with the same).
- When you first use the Platform, you will be required to provide certain log in information (including a user name and password) that will enable you to access the Platform each time you wish to use the Platform to purchase Products or Services. You must keep your log in information secure to avoid use of the Platform using your log in details by other persons.
- You must not permit use of the Platform using you log in details by any other person. If the Platform is or used by any other person with your log in details, or if you know or suspect any other person has obtained your log in details, you must immediately notify us at firstname.lastname@example.org.
- You must exercise every possible care to ensure the safety of your computer or mobile device by taking all reasonable care to prevent loss, theft and unauthorised or fraudulent use.
- If your log in to the Platform is used by another person to purchase a Product or Service, you will be personally liable to pay the Purchase Price of that Product or Service to us in accordance with these Terms and Conditions.
Dealings with Merchants
- Although you purchase the Products or Services from us, the Merchant is responsible for delivering the relevant Products or Services, and we make no representations or warranties nor provide any guarantees in respect of any such Products or Services.
- If you wish to return the Product, cancel the Service or have any complaint, concern or other issue with a Product or Service, that should be addressed directly to the Merchant (in accordance with the Merchant's policy for the same). Each Merchant will have its own policy about returns, cancellations and complaints. The relevant Merchant is responsible for providing or advising you in respect of any returns, cancellations or complaints or similar issues.
- If, in accordance with the Merchant's consent and/or instructions, you return the Product to the Merchant and arrange with the Merchant for a replacement Product to be delivered or arrange with the Merchant for the Service to be reperformed your obligation to pay the Purchase Price to us continues unaffected.
- the Product is returned to the Merchant and not replaced; or
- the Service is not provided or not provided to your reasonable satisfaction or you cancel, and the Merchant agrees you should receive some or all your Purchase Price back, your obligation to make the instalment payments referred to in clause 3.1 or clause 3.2 (as applicable) will continue unaffected until the Merchant advises us that:
- the Product has been returned and not replaced; or
- the Service has not been provided or not provided to your reasonable satisfaction or you have cancelled,and the Merchant has refunded the Purchase Price into our bank account in cleared and immediately available funds, at which time we will stop deducting instalment payments from your debit or credit card (as the case may be) for the relevant Product or Service and arrange to refund all amounts (if any) you have paid to us in respect of the relevant Product or Service (other than default fees).
- You purchase the Product from us. Under no circumstances will you be entitled to have all, or any part of, the Purchase Price refunded directly to you by the Merchant.
- If you are not satisfied with the way in which the Merchant deals with your concern or issue, or your concern or issue is not resolved or otherwise addressed by the Merchant to your satisfaction, you should notify us in writing at email@example.com including details of your complaint. While we will use reasonable endeavours to assist you with your subsequent dealings with the Merchant, until the concern or issue is resolved your obligation to make the instalment payments referred to in clause 4.1 will continue unchanged.
- We provide no guarantee or other assurances in respect of the timing of any refunds as timing will be influenced by the actions of the relevant Merchant and the bank being used.
- Nothing in this clause affects your legal rights.
Your covenants and representations
- You agree not to use the Platform:
- to purchase any Product or Service where payment of the Purchase Price to us in accordance with these Terms and Conditions will, or is likely to, cause you any financial hardship;
- for any unlawful, fraudulent or improper purpose;
- in any manner which does, or may, damage, disable, overburden or otherwise impair the Platform or interfere with any other person's use and enjoyment of the Platform;
- to introduce any harmful information or materials (which includes any spyware, viruses, worms, trojan horses, harmful scripts or codes or any other damaging items which could interfere with the Platform, our software, hardware, network or computer system); and/or
- if you are aware your computer or mobile device has such harmful information or materials installed on it.
- You will not remove any restrictions imposed by us, the software or the operating system, that delivers the Platform.
- You represent and warrant that:
- you are 18 years of age or older;
- the information you provide to us when you access the Platform for the first time, and any subsequent information you provide to us, will be true, complete and accurate in all respects; and
- if any of your circumstances change resulting in any information you have previously provided to us no longer being true, complete and accurate in all respects you will immediately notify us by email at firstname.lastname@example.org.
- You agree not to use the Platform:
- For the purposes of these Terms and Conditions, "Intellectual Property" means all rights to, and interests in, any copyright, trade mark, patent, design, know-how, trade secret, domain name, rights in software, rights in inventions, and any other proprietary right or form of intellectual property (whether protectable by registration or not).
- All Intellectual Property in the Platform is owned by us or our licensors (as applicable) and none of the contents of the Platform may be used, reproduced, copied or distributed, in any way whatsoever, other than for the purpose of using the Platform for your own personal use.
- You must not copy, reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, create derivative works of, re-post to other applications or websites, change, or otherwise distribute, license, sub-licence or transfer in any form any aspect of the Platform.
- If any person claims your use of the Platform infringes a person's Intellectual Property, you must notify us and allow us to deal with that claim which may, at our absolute discretion, include us, amongst other things, settling or modifying the Platform to the extent necessary to avoid or minimise the claim.
Upgrades and maintenance
- We may, from time to time, issue upgraded versions of the Platform, and/or may automatically upgrade the version of the Platform you are using, without notice to you. If you use the Platform, you will be deemed to have consented to any such upgrades.
- You acknowledge the Platform may be unavailable from time to time due to errors, defects, maintenance or events that may be outside of our control.
- You may stop using the Platform at any time. If you also wish to terminate or close your account with us, you will need to email this request to us at email@example.com.
- We may block, suspend, restrict or otherwise terminate your access to, or use of, the Platform, at any time, without notice or liability to you.
- If your access to, or use of, the Platform is blocked, suspended, restricted or terminated, for any reason, this will be without prejudice to our rights and remedies to recover any amounts due and owing by you.
- We reserve the right to alter, suspend or terminate access to or use of the Platform, or any particular functionality of the Platform, either temporarily or permanently at any time for any reason, and at our sole discretion, without notice or liability to you.
Limitation of liability and indemnity
- Nothing in these Terms and Conditions shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation;
- for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
- under Part I of the Consumer Protection Act 1987; or
- for any other liability that, by law, may not be limited or excluded.
- Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising under these Terms and Conditions shall not exceed the purchase price of the relevant Product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our reasonable control.
- Nothing in these Terms and Conditions shall limit or exclude our liability to you:
- The Platform is provided "as is" and on a "as available" basis without representations or warranties of any kind either express or implied. To the extent permitted by law, we disclaim all warranties, express or implied in connection with the Platform, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, uninterrupted use or being error-free.
- We are not responsible for any:
- corruption or loss of data or other content which you or any other person may experience; or
- software, network, computer system, hardware, devices or other equipment that may be harmed, as a result of, or otherwise in connection with, your use of the Platform.
- We do not represent or warrant that:
- the Platform will function uninterrupted, that it will be error-free, that defects will be corrected or that the Platform, or the server that makes it available, will be free of any virus or other harmful elements; or
- the Platform will be compatible with any particular computer or mobile device.
You authorise us (or any agents or contractors providing services on our behalf) to disclose your personal information to other persons to the extent required by law, which may include us reporting any credit account information and default by you of these Terms and Conditions and/or for credit assessment purposes (which may include us reporting any default by you in paying amounts due to us to credit assessment agencies).
- While we will employ technical security measures to protect your personal information, no transmission over the internet can be guaranteed to be completely secure. To the extent permitted by law, we do not represent, warrant or guarantee that personal information will be protected against misuse, loss or alterations.
- The provisions of clauses 7, 9, 10, 11 and 12, and any other clauses that are, by their nature, intended to survive termination, will survive the termination of your access to, or use of, the Platform.
- You may not, directly or indirectly, assign, transfer or otherwise dispose of any of your rights or interests in, or obligations or liabilities under, these Terms and Conditions. We may assign our rights, interests, obligations and/or liabilities at any time without your consent or notice to you.
- No waiver of any breach, or failure to enforce any provision, of these Terms and Conditions at any time by us will in any way affect, limit or waive our right to enforce and compel strict compliance with the provisions of these Terms and Conditions.
- If any part of these Terms and Conditions is held by any court or administrative body of competent jurisdiction to be illegal, void or unenforceable such determination will not impair the enforceability of the remaining parts of these Terms and Conditions, which will remain in full force and effect.
- These Terms and Conditions, and any amendments made by us, constitute the entire agreement and understanding (express and implied) between you and us in connection with your access to, and use of, the Platform.
- These Terms and Conditions are governed by, and will be construed in accordance with, the laws of England, except that if you live in Scotland or Northern Ireland, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law. You agree that any dispute between you and us regarding these Terms and Conditions will only be dealt with by the English courts, except that if you live in Scotland or Northern Ireland, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.