Purchase Payment Agreement
- Postpay is an instalment feature that allows you to pay for your purchase over instalments as set out on your Payment Schedule (defined below). Payments are due as per payment schedule.
- One by Postpay is an express checkout enabling you to pay in one go or over instalments (defined below)
- To apply to use postpay you must be over 18 years old and be the authorized holder of:
- An eligible ID in the Kingdom of Saudi Arabia
- debit/credit card issued in Kingdom of Saudi Arabia
(see Section 9.1 for eligibility criteria)
- All orders are subject to approval by Postpay. For example, if you have any overdue payments, the Instalment Feature will not be available to you (see Section 7.1).
- You can make repayments any time before the due date. Otherwise, payments will be attempted on the scheduled dates from your card pursuant to the payment authorization. If a payment is not successfully processed on or before the due date, late fees may be applied as set out in section 5.5.
- The delivery, quality of goods and services, complaints and refund requests in relation to the goods and services are the responsibility of and should be directed to the retailer (defined below).
The headings contained in this document are for reference purposes only. You should print a copy of this Agreement for your records.
1. Parties to This Agreement
This Agreement is a contract between you ("you", "your"), Postpay KSA for Information Technology ("we", "us", "our") and the owner of the website or store from which you are purchasing goods or services (Seller),which is hereby incorporated in this Agreement by reference.
This Agreement sets out the terms and conditions that apply to your purchase of goods or services on the Sites (which includes any physical store of the Seller or the website of the Seller) using the extended repayment plan described in clause 5 below (Instalment Feature). You agree that your acceptance of this Agreement and use of the Instalment Feature shall constitute your acceptance of this Agreement.
2. Our Relationship
By placing an order with Postpay, you agree to pay to us, in accordance with this Agreement, the agreed amount as outlined in your Payment Schedule (as defined below), plus any additional applicable Late Fees as defined and set out in Section 5 below.
3. Changes to This Agreement
We will not change any terms and conditions for an existing order that has been accepted; the terms and conditions that will apply to an accepted order are the terms and conditions that applied at the time you made the order. We may amend this Agreement from time to time and it is your responsibility to review this Agreement prior to each use of Postpay.
4. Transfers or Assignments
- You cannot transfer or assign any rights you may have under this Agreement without our prior written consent.
- You agree that we may appoint third party collections agencies to collect any amounts owing to us under this Agreement without your consent.
- We may transfer or assign this Agreement, and any rights under this Agreement, to a third party without your consent.
- If you desire to return goods you purchased from a retailer, or have a complaint regarding your purchase, please contact the retailer directly. Note that any questions or complaints regarding the payment with Postpay should be directed to us on our support portal.
5. Description of The Instalment Feature
- The Installment Feature enables you to pay for goods or services sold through the Sites in installments. Please note that we may set certain minimum and maximum purchase amounts to use the Installment Feature.
- The Installment Feature operates as follows:
- First, you will review the total amount of your purchase, a list of the instalment payment amounts that we are entitled to receive from you and the relevant due dates of each payment (Payment Schedule), and identify your preferred method of payment, designating an eligible credit or debit card as your "Payment Method".
- Next, you will place your order with the Supplier and we will send you an itemization of the amount financed and your Payment Schedule (Payment Schedule Confirmation). Your Payment Schedule will also be available through your Account and is hereby incorporated into this Agreement by reference along with your Payment Schedule Confirmation.
- As described in your Payment Schedule, we will collect payments (each, an Instalment Payment) by charging your selected Payment Method according to your Payment Schedule.
- Your first Instalment Payment will be deducted at the time you make your purchase with the following instalment(s) being deducted in accordance with your Payment Schedule.
- Refer to this Agreement and to your Payment Schedule Confirmation for relevant information about non-payment, default and the right to accelerate payments.
- A convenience fee may apply at the time of the first payment. This fee is non-refundable upon cancellation of product/service.
- You are responsible for ensuring that you have sufficient funds via your Payment Method available to make Instalment Payments on the dates specified in your Payment Schedule.
- Late Payments.
- If a payment is not paid prior to the due date as specified in your Payment Schedule (Due Date),and the Instalment Payment is not successfully processed on the Due Date, you will be responsible for the following fees (Late Fees):
- SAR25 the first time we attempt to and are unable to process the relevant Instalment Payment; and ,
- SAR30 if the relevant Instalment Payment has not been settled within 10 days after the Due Date and we are unable to successfully process the payment on the 10th day from the Due Date.
- However, the aggregate sum of Late Fees associated with a particular order will not exceed 25% of the order value at the time of purchase. Please note that the cap on Late Fees is calculated based on your order value at the time of purchase. Subsequent refunds or discounts provided by a retailer will not affect the calculation of Late Fees that you may owe.
- Not withstanding the above, in no event will you be required to pay Late Fees that would be prohibited or considered to be a finance charge under applicable UAE law.
- You authorize us, to the extent permitted by law, to satisfy any monetary liability you owe us by:
- debiting your Payment Method at a later time or date in accordance with the Payment Authorization;
- debiting any other debit or credit card for which you have provided details;
- offsetting the payment amount against any amounts we may owe to you; or
- any other legal means.
- We may, in our sole discretion, delay the application of, or waive wholly or partly, any Late Fee.
- If you fail to make payments in accordance with your Payment Schedule, we reserve the right to limit, restrict, suspend or terminate your access to the Installment Feature in the future.
- We do not give any express warranty or guarantee as to the suitability, reliability or availability of the Instalment Feature.
- If you fail to make any payment when due in the manner required by this Agreement we may deem you in default of this Agreement and accelerate payments due under this Agreement.
6. Instalment Payment Authorization
- You hereby expressly consent to, authorize and instruct us to initiate recurring debit or credit card payments from the debit or credit card you specify for the amounts and on the scheduled dates set out in your Payment Schedule. All Instalment Payments will be automatically charged to the designated credit or debit card in accordance with your Payment Schedule. You acknowledge that you are giving us the ability to collect or reverse variable payment amounts from or to your Payment Method, in accordance with your Payment Schedule and the terms of this Agreement.
- If we are unable to collect any Instalment Payments because your specified debit or credit card is declined, in addition to the authorization above, you expressly consent to, authorize and instruct us to charge your specified debit or credit card to collect the total of any such missed Instalment Payment (plus, for the avoidance of doubt, assessed Late Fees, in accordance with Section 5.5).
- You agree to be bound by any rules that your debit or credit card issuer requires for pre-authorized debit or credit card transactions. You are responsible for all fees charged by your financial institution associated with the Instalment Payment.
- You must update your Account with all changes to your credit/debit card information by logging into your Account. If you do not update your Account with changes to credit/debit card information and we are unable to charge your credit card or withdraw funds from your debit card for the amount due, you will be subject to Late Fees and you may be subject to fees or charges assessed by your financial institution.
- We shall not bear any liability or responsibility for any losses of any kind that you may incur as a result of your use of the Instalment Feature (including any fees levied by your bank), except to the extent that such fees or charges arise as a result of our error or system failure. If any fees or charges are imposed as a result of our error or system failure, please provide us with a copy of the relevant records, and if we determine such error was made, or system failure occurred then you will be reimbursed for the relevant fees or charges.
7. Order Confirmation and Cancellation
- All orders that you place with us that utilize the Instalment Feature are subject to approval. We may, in our sole discretion, not provide the Instalment Feature to you, or cancel an approved order before the goods or services are delivered or supplied for any reason including but not limited to your history of transactions with us or to prevent against fraud, legal, regulatory or non-payment risk.
- If your previously approved use of the Instalment Feature is cancelled:
- Provided you have not already received the good and services, you will receive a full refund of any amounts you have paid (excluding any chargebacks or other fees incurred in relation to your payment) to your Payment Method or, if that is not possible, to any other payment source as directed by you (and approved by us), and will cancel any future payments related to that order;
- The Seller from which you purchased goods or services) will not be obliged to deliver the goods (or provide the services) which you have ordered;
- You will have no obligation to make any further payments to us, or continue any other ongoing relationship with us, with respect to that order; and
- If you wish to proceed with the purchase from us, we may accept an alternative payment method at our discretion, or if required to do so by law.
8. Refunds and Other Adjustments Subsequent to Purchase
- If you decide to return goods that have been purchased via Postpay, and request a refund, or a return and refund are otherwise accepted or permitted by law, you will directly arrange the return with the retailer and ensure that the goods are returned according to the retailer's return policy or other instructions or your rights at law.
- The return must be completed within the period specified and in the manner required by the retailer's returns policy or as otherwise permitted by the retailer.
- Until the retailer has confirmed the return of the goods, or the relevant refund or part refund, you will remain liable for the full payment of the goods. During this time, we may continue to process any Instalment Payments in accordance with the dates set out in your Payment Schedule.
- Once the goods have been returned and the refund (or other price adjustment subsequent to purchase) has been approved by the retailer, we will issue a refund to your debit/credit card and adjust your Payment Schedule appropriately (including to reduce or cancel any future payments, if necessary). Please note, in the event of partial refunds, refund amounts are taken off the last payment/s first.
9. Your Eligibility
- To be eligible to use Postpay at checkout, you must:
- be an individual who is at least 18 years old;
- be a resident of the Kingdom of Saudi Arabia and hold a valid Saudi ID;
- be capable of entering into a legally binding contract;
- have a valid and verifiable mobile telephone number;
- be authorized to use the Payment Method provided; and
- By entering into this Agreement, you represent and warrant that you are eligible to use the Instalment Feature.
- In addition to these eligibility requirements, please note that use of the Instalment Feature is subject to approval at our sole discretion in each instance.
10. Your Use of The Instalment Feature
- You promise to pay the full amount of the purchase price inInstalment Payments as set forth in your Payment Schedule.
- You agree that all information that you provide us is true, complete and accurate and you agree not to misrepresent your identity.
- If your information, including your Payment Method information, changes, you agree to notify us immediately.
- Prohibited uses of the Instalment Feature:
- You agree not to use the Instalment Feature for any unlawful or fraudulent activity and to immediately contact us if you believe that your Payment Method may be subject to an unauthorized transaction, account takeover or other type of fraudulent activity or security breach. By using the Instalment Feature, you agree that you will not do any of the following:
- engage in any activities related to the Instalment Feature that are contrary to any applicable law or regulation or the terms of this Agreement;
- use the Instalment Feature to accomplish a cash advance, including by purchasing goods or services and then requesting a chargeback from your bank.
11. Assessment and Checks
- You agree to provide any information or documentation reasonably requested to verify your identity in connection with your order.
- You authorize us to make, directly or through third parties, any inquiries necessary to verify your identity and assess your capability to make the agreed payments.
- As part of the approval process and assessment as to whether or not you have the means to fulfill your obligation to make future payments according to the Payment Schedule, we reserve the right, directly or through third parties, to conduct an assessment of your Payment Method.
12. Complaints and Disputes
- If you have a complaint with us arising out of or related to the Payment Purchase Agreement or the Instalment Feature other than with respect to the delivery or quality of the goods purchased, you should file a dispute by following the Notice procedures set forth in Section 13 below. If you have a complaint arising out of the delivery or quality of the goods or services you have purchased, you should contact the retailer using the details posted on the retailer's website. For the avoidance of doubt, any complaint against the Supplier does not relieve you of your obligations (including instalment payments) under this Purchase Payment Agreement.
- We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving any complaints or disputes.
13. Applicable Law and Jurisdiction
- Except as expressly provided otherwise, this Agreement is governed by, and will be construed under, the laws of England and Wales. To expedite resolution and to minimize the cost of any dispute, controversy or claim between you and us related to any dispute or controversy arising from or relating to this Agreement, your use of any part of the Instalment Feature or the enforcement of any provision of this Agreement (Dispute), you and we agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any further action . Such informal negotiations will commence upon receipt of a written notice (each, a Notice).
- Your address for such Notices is the email address you have provided in your Account. Our address for such Notices is: 3141 Anas Bin Malek - Al Malqa District, Unit No 478, Riyadh 13521 - 8292, Kingdom of Saudi Arabia, Attention: Legal, or by email to firstname.lastname@example.org. Any Notice must include your name, account information, a brief description of the Dispute, and contact information, so that we may evaluate the Dispute and attempt to informally resolve the Dispute. If the informal negotiations are successful, no further action is necessary.
- If we are unable to informally resolve the Dispute, then such Dispute shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (DIFC). For disputes under 1,000,000 AED in value, the parties agree to exclusively hear the matter in the Small Claims Tribunal at the DIFC Courts.
14. Limitation of Liability
To the extent not prohibited by law, under no circumstances shall we, our subsidiaries, partners, or affiliates be liable to you for any indirect, incidental, consequential, special or exemplary damages, arising from or relating to this Agreement or your use or inability to use the Instalment Feature. You agree that the aggregate liability of us, our subsidiaries, partners, and affiliates to you for all claims arising out of or related to this Agreements or your use or inability to use the Instalment Feature will not (other than as may be required by applicable law) exceed the greater of: (a) the amount you any affected order(s) giving rise to such damages, or (b) the amount of one thousand five hundred Saudi Arabian Riyal(SAR1,500).
You agree to release, indemnify and hold harmless us, our affiliates, and our and their respective officers, directors, employees and agents from and against any liability arising out of or related to your use of the Instalment Feature or violation of the terms of this Agreement.
16. Consent to Electronic and SMS Communication
- By clicking to accept this Agreement, you are deemed to have executed this Agreement electronically and you consent to electronically receive all records and notices related to the Instalment Feature.
- To ensure that we are able to provide communications to you electronically, you agree to notify us immediately of any change in your email address by updating your Account or via email.
- To view and retain a copy of this Agreement and other communications under this Agreement, you will need a device (such as a computer or mobile phone) with a web browser and internet access and either a printer or local or cloud-based storage space. By accepting and agreeing to this Agreement electronically, you represent that (a) you have read and understand the above consent to receive records and notices electronically; (b) you satisfy the minimum hardware and software requirements specified in this Section 16.3; and (c) your consent will remain in effect until you withdraw your consent as specified above in Section 16.1.
- As part of the Instalment Feature, we may send you SMS messages. You agree to receive SMS messages to each telephone number provided by you to us regarding the Instalment Feature.
- In addition, you agree that we may send you marketing communications to the email address you have provided including but not limited to targeted offers, introduction of new features or suppliers, or other special announcements.
- This Agreement is effective until all amounts due under the Agreement are paid in full or otherwise cancelled or refunded.
- If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and shall be binding upon the parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in this Agreement.
- This Agreement, including all documents or other material incorporated by reference, constitutes and contain the entire Agreements between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous oral or written Agreements. You and we acknowledge and agree that the other has not made any representations, warranties or Agreements of any kind, except as expressly set forth herein.