Laybuy Consumer Terms and Conditions
Last updated: 1 November 2021
SUMMARY OF CHANGES AND HOW OUR TERMS AND CONDITIONS WORK
These Laybuy consumer terms and conditions (Laybuy Consumer Terms) set out the terms under which Laybuy users may:
- Use the Laybuy platform (Platform) and any other application which we own or operate (such as the Laybuy App) (the Laybuy General Terms).
- Use the Platform to purchase Products and Services over up to 6 weeks (the Laybuy Purchase Terms). The Laybuy Purchase Terms apply to any purchase you making via the Platform;
- Purchase Products and Services from a merchant directly from Laybuy as the trader (the Laybuy BNPL Terms).
- Purchase Products and Services directly from the merchant which are made available for purchase only via the Laybuy App (the Laybuy App Exclusive Terms).
Before you use the Platform or Laybuy App or purchase any Product or Service, please ensure that you read these Laybuy Consumer Terms carefully. If you do not agree to them, do not use the Platform or the Laybuy App.
Changes to the Laybuy Consumer Terms
If we amend these Laybuy Consumer Terms, because of a change in regulation or law, we are required to by a regulator or we add to or change the services we may provide you, we will, as far as possible, provide you with advance written notice of the change. Unless required by law or a regulator, any amendments to these Laybuy Consumer Terms will only apply to your next purchase of a Product or Service (each as defined below) and not any purchase that you have already made. Amendments to these Laybuy Consumer Terms will take effect on the date set out in any notice. You are responsible for ensuring you are familiar with the latest Laybuy Consumer Terms. Your continued use of the Platform or the Laybuy App after any notification of amendment will be confirmation of your acceptance of the amended Laybuy Consumer Terms.
1. LAYBUY GENERAL TERMS
These Laybuy General Terms apply to your access to, and use of the Laybuy 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, United Kingdom, W1W 7TL (“Laybuy”, “we”, “us” and “our”). Our VAT number is 378 506 954. Where we refer to “you” or “your”, we mean any individual using the Platform or the Laybuy App or purchasing any Product or Service.
Conditions of Use
To use the Platform, you must be 18 or more years old and permanently reside in the United Kingdom.
Your account, log in and security
You may access or download the Platform or Laybuy App for free (although you will need an internet connection to access or download, access and use the Platform or Laybuy App and you may incur charges or fees from your internet or mobile network provider associated with the same).
When you first use the Platform or Laybuy App, you will be required to provide certain login 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 login information secure to avoid other people using your login details to access the Platform.
You must not permit other people to use or access the Platform or Laybuy App using your login details. If the Platform or Laybuy App is or was used by any other person with your login details, or if you know or suspect any other person has obtained your login details, you must immediately notify us at email@example.com.
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.
Except where fraud has occurred, if your login details are used by another person to access or use the Platform or Laybuy App or your Laybuy account to purchase a Product or Service, you will be personally liable to pay us the Purchase Price of that Product or Service set out in the Laybuy Purchase Terms.
Queries or Complaints
If you have a query or complaint regarding Laybuy, our activities or the Platform or Laybuy App, you can contact us at firstname.lastname@example.org or via this link. All correspondence with Laybuy will be completed electronically. We aim to handle all queries and complaints promptly, effectively and in a positive manner.
You agree not to use the Platform or Laybuy App:
- to purchase any Product or Service where payment of the Purchase Price 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 or Laybuy App;
- 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, Laybuy App, 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 or Laybuy App.
In these Laybuy General Terms, “Intellectual Property” means all rights to, and interests in, any copyright, trademark, 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 or Laybuy App is owned by us or our licensors (as applicable) and none of the contents of the Platform or Laybuy App may be used, reproduced, copied or distributed, in any way whatsoever, other than to use the Platform or Laybuy App 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 or Laybuy App.
If any person claims your use of the Platform or Laybuy App 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 or Laybuy App 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 or Laybuy App, and/or may automatically upgrade the version of the Platform or Laybuy App you are using, without notice to you.
You acknowledge the Platform or Laybuy App 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 or Laybuy App 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 or Laybuy App, at any time, without notice or liability to you if you use the Platform or Laybuy App in breach of the Laybuy Consumer Terms, we reasonably suspect fraud or we reasonably consider we are required to under applicable law or to protect the Platform or Laybuy App or other users of the Platform or Laybuy App.
If your access to, or use of, the Platform or Laybuy App is blocked, suspended, restricted or terminated, for any reason, this will be without prejudice to your rights, remedies and obligations and our rights, remedies and remedies (including to recover any amounts due and owing by you).
Limitation of liability
Nothing in these Terms and Conditions shall limit or exclude our liability to you:
- for death or personal injury caused by our act or omission;
- for fraudulent misrepresentation;
- for any goods or digital content which are not of satisfactory quality, fit for their purpose or as described prior to purchase or for any services which are not provided using reasonable care and skill; or
- for any other liability that, by law, may not be limited or excluded.
Subject to the paragraph above, we will only be liable to you for losses that were reasonably foreseeable at the time we accepted your order. We will not be liable for any failure to perform, or delay in performing, any obligation under these Terms and Conditions attributable to events outside our reasonable control.
Where goods, digital content services are provided which are not of satisfactory quality, fit for purpose or as described or services are not provided using reasonable care and skill you may be entitled to require that they are repaired or refunded or the services reperformed.
Functioning of the Platform
The Platform is provided “as is” and on an “as available” basis without representations or warranties of any kind either express or implied.
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
- be compatible with any particular computer or mobile device.
Any provisions of these Laybuy Consumer Terms that, by their nature, intended to survive termination, will survive the termination of your access to, or use of, the Platform or Laybuy App.
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 Laybuy Consumer Terms. We may assign our rights, interests, obligations and/or liabilities at any time without your consent or notice to you provided that any assignment will not reduce your protections under these Laybuy Consumer Terms.
If any part of these Laybuy Consumer Terms 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 Laybuy Consumer Terms, which will remain in full force and effect.
The Laybuy Consumer Terms, 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 or Laybuy App.
These Laybuy Consumer Terms 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 Laybuy Consumer Terms 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.
2. LAYBUY PURCHASE TERMS
Purchasing goods and services
The Platform permits you to purchase certain products and services made available by retailers approved by us (Merchants) over the internet securely, via a website or the Laybuy App or instore using your Laybuy Card (Products or Services) and pay for these in six equal instalments.
Buying from Laybuy or the Merchant
Depending on how you choose to purchase using the Platform or Laybuy App you may either purchase directly from Laybuy or the Merchant. If you are purchasing from Laybuy, you will be informed before you purchase the Product or Service.
Fees and payment
For each Product or Service you purchase using the Platform or the Laybuy App, you must pay us, in six equal weekly instalments, the purchase price (which is the full amount of the 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).
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 (at the latest, although you may choose a sooner date if we make this option available to you). 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 or Laybuy App is subject to our approval and any transaction limit (Your Limit) assigned to you for that specific purchase. If:
- the Purchase Price for the Product or Service is more than Your Limit; or
- the Purchase Price and the aggregate of all other amounts you owe us in respect of the Products and Services,
is more than Your Limit, the first instalment of the Purchase Price that is due and payable 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 or Laybuy App, you grant us a continuous payment authority to charge all amounts owed by you to us in connection with any Product or Service you purchase (including default fees), to your nominated debit card or credit card (Authority). Your payment method will need to be approved by us before you will be able to purchase any Products or Services using the Platform. Although you are entitled to cancel the Authority at any time and without notice to us if you choose to cancel you will no longer be able to use the Platform or Laybuy App to make further payments. Even if you cancel you will not be released from your obligations to pay us any amounts you owe us at the time you cancel your Authority.
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 collect all amounts owed by you to us in connection with any Product or Service you purchase, or otherwise. You will have sole responsibility for paying all bank and/or card charges associated with any payment method linked to your Account.
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 you owe us, 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 to 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 up to a maximum charge of £24 for each purchase you make. Such default fees will automatically be debited from the payment method registered to your account.
We may also arrange for a debt collection agency to collect from you the amount you owe us.
3. LAYBUY BNPL TERMS
For purchases of Products and Services, you make online using the Platform (excluding those made via the Laybuy App to which the Laybuy App Exclusive Terms apply) we purchase the Product or Service from the Merchant and sell it to you. The provisions of the Laybuy General Terms and the Laybuy Purchase Terms also apply to any purchases under the Laybuy BNPL Terms.
Delivery of Products and Services and Refunds
Although you purchase the Products or Services from us, the Merchant is responsible for delivering the relevant Products or Services.
Except for certain Products (for example perishable items; audio and/or visual recordings, computer software, hygiene-sealed items, Products that have been personalised or made to your bespoke specifications, certain types of travel, accommodation and events (please note this list is not exhaustive)), you may cancel your order for:
- Products at any time before your order is delivered and up to 14 days afterwards, beginning on the day after your order (in its entirety) is delivered to you or such longer period as the relevant Merchant may permit; or
- Services at any time before you receive the Service or where you have subscribed for Services as permitted by the terms of that Subscription.
If you wish to return the Product, cancel the Service or have any complaint, concern or other issues with a Product or Service, you can raise a complaint or concern directly with the Merchant, or return the Product to the Merchant or notify the Merchant in writing that you wish to return the Product or cancel the Service, or you may notify us in writing at firstname.lastname@example.org that you wish to cancel your order for the Product or Service. Where you notify us and/or the Merchant, you must also return the Product(s) within 14 days after the day of notification of cancellation.
You must return all Product(s) in the same condition in which you receive them (which does not interfere with your right to take any reasonable steps to examine the Product(s) and make sure they conform to your order). You have a legal obligation to take reasonable care of the Product(s) while in your possession. If you fail to comply with this obligation, the cost of any deterioration (due, for example, to your having used the Product(s)), up to the price of the Product(s), may be deducted from the refund to which you are otherwise entitled.
If you return the Product and arrange for a replacement Product at the same Purchase Price to be delivered or arrange for the Service to be re-performed your obligation to pay the Purchase Price to us continues unaffected.
If you notify us at email@example.com that you are returning the Product or ceasing the Services, we will pause any future instalments until a refund is issued. You will not be charged any default fees on instalment payments that were paused during this period. If you inform us that you are returning the Product but do not return it within fourteen (14) days or if no refund for any Product or Service is due, we are entitled to resume taking payment in the applicable instalments of the Purchase Price. If you do not inform us, we will continue to take instalment payments until we are notified by the Merchant that you are entitled to a refund. Following any such notification from a Merchant, we will cease to take any further instalment payments and arrange for a refund to be paid under the provisions below.
- you have exercised your right to cancel your purchase of a Product or Service; or
- the Product or Service has not been provided to your reasonable satisfaction, or is defective,
and you are entitled to a refund of some or all of your Purchase Price for the relevant Product or Service, we will arrange for a refund of all amounts due to you.
We will process any refund due to you as soon as possible and, in any case, within 14 days after the day you cancel the Service or the Product is received back or, if earlier, the day on which you provide evidence that you have returned the Product. Unless the Merchant agrees otherwise, we will not refund your cost of returning the Product(s) to us.
Refunds are made using the same payment method originally used by you to pay the Purchase Price.
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. Your obligation to pay the Purchase Price to us continues unaffected until we have received the Purchase Price or you have returned the Product and we made a refund to you.
Nothing in this section affects your legal rights.
4. LAYBUY APP EXCLUSIVE TERMS
For purchases of Products and Services, you make online using the Laybuy App from an “App Exclusive” Merchant (App Exclusive Merchant) you purchase the Product or Service directly from the App Exclusive Merchant. Other than allowing you to pay for the Product or Service in six instalments we are not involved in the provision of Product or Service to you. The provisions of the Laybuy General Terms and the Laybuy Purchase Terms also apply to any purchases under the Laybuy App Exclusive Terms.
You are purchasing Products or Services from the App Exclusive Merchant directly and the App Exclusive Merchant is responsible for delivering the relevant Products or Services as well as all refunds. Please refer to the relevant Merchants terms and conditions of sale for details of the purchase and refund policies.
You can only make purchases from App Exclusive Merchants that accept Laybuy Card.
If an App Exclusive Merchant agrees to provide you with a refund, the Merchant will still refund the approved amount to Laybuy and Laybuy will refund the same amount to you.
If you have any concerns with the Product, Service or Merchant and you have raised this with the Merchant directly. Laybuy will try to help you resolve the matter directly with the Merchant, however, we cannot require the Merchant to take any specific action to resolve an issue you have.