Buy now pay later ("BNPL")
This Agreement is a contract between you ("you","your") and Postpay Services DMCC ("we", "us", "our") for the instalment plans provided by Postpay to you for the goods and/or services you purchased from the merchants that offer Postpay as a payment method ("Postpay Authorised Merchant"). Through this Agreement, Postpay has extended you non-transferrable financing and the right to defer payment for the goods and/or services you have purchased. You agree to pay us pursuant to the terms of this Agreement.
We may transfer or assign this Agreement, and any rights under this Agreement, to a third party without notice to you or without your consent.
Postpay may decide to change this Agreement from time to time, including your credit limit provided. However, such changes will not impose additional obligations on you concerning actions you had taken before the change became effective unless you specifically agree to such changes. You accept and agree to the changes to this Agreement by continuing to use Postpay services.
Postpay provides services that allow merchants to offer customers the ability to pay for goods and services in monthly instalments, which may be accessed through a Postpay account.
By entering into this Agreement, you represent and warrant that you are eligible to use the Services.
Before completing any Order on your behalf through any Postpay Service, Postpay will secure your promise to pay for each Order by disclosing all terms and conditions applicable to that Order and securing your affirmative consent to those terms for that Order, including your promise to pay the amount of the goods and services financed by the Postpay. By accepting this Agreement and confirming the financing of any purchases through Postpay, you give Postpay the right to collect any unpaid portions of the financed purchase.
To become a User of the Postpay Services, you must create a Postpay Account (“My Postpay”). By opening a Postpay Account and accepting the terms as outlined in this Agreement, you attest that you are establishing your Account to enable yourself to finance the purchase of goods and services from Postpay Authorised Merchants.
Postpay does not charge to activate an account for the first time.
Postpay identifies User Accounts by the mobile phone number linked to the User Account. We use a One Time Password ("OTP") sent via Short Message Service ("SMS") text to your mobile phone number. The OTP proves that you have possession of your mobile phone number and the device you are using with Postpay Services.
To create a Postpay Account, we require that you provide us with your mobile phone number and prove that you have possession of that device by entering an OTP. We then ask you to complete identity verification which requires the scan of your Emirates ID and facial recognition. By matching your face with the image on your Emirates ID, you can prove you are the rightful holder of the document.
By providing your mobile number to us, you provide your consent for us and our service providers to send OTP and payment reminders to your number.
Postpay is not engaged in the sale of any goods or services financed by Postpay. Postpay does not have control of, or liability for, the products or services financed through the Postpay Services. We provide a service that allows you to finance your purchase from Postpay Authorised Merchants. If you have a dispute with a Postpay Authorised Merchant, you should contact the Merchant using the details posted on their website.
a. All requests for Orders and Services through Postpay are subject to approval by Postpay, at our discretion. We may choose not to approve an Order, provide financing or display an option for a monthly instalment plan, for a product to you, or we may cancel an approved Order before the goods or services are delivered or supplied, if: (i) we reasonably consider such cancellation necessary in order to: (A) protect the integrity of our systems or the products; (B) prevent fraud; (C) limit the risk of money laundering; or (D) otherwise protect us against legal, regulatory or non-payment risk; (ii) you do not pass our verifications or checks; or (iii) we suspect, or are aware, that you have breached this Agreement in a material respect (including by failing to make any payment due under this Agreement on the payment due date).
b. If we cancel an approved Order or request for financing: (i) we will apply a full refund of any amounts you have paid to us to your bank account or card used for payment (excluding any chargebacks or other fees incurred in relation to your payment), and will cancel any future payments related to that Order; and (ii) you will have no obligation to make any further payments to us, and will not have any other ongoing relationship with us, with respect to that Order. Further, should we cancel an approved Order, the Merchant will not be obliged to deliver the goods for that Order, unless required to do so by law. If you wish to proceed with the purchase from the Postpay Authorised Merchant, the Postpay Authorised Merchant may accept an alternative payment method in its discretion, or if required to do so by law.
By agreeing to these terms and conditions, you authorise and direct Postpay to make preauthorised electronic fund transfers from your designated account or payment device to pay for your Order.
a. Payment Schedule
Once we approve the financing for your Order, you will receive an email from us with confirmation of receipt of your Order and a Payment Schedule. This Payment Schedule email is your written confirmation that you have agreed to make regularly-scheduled payments. You agree to make payment(s) in accordance with the Payment Schedule. You may prepay the full outstanding balance or make early payments through your Postpay Account without any penalty otherwise, you must make the payments in the amounts and by the dates shown in your Payment Schedule. If you make a prepayment and it causes your final payment to be less than the amount under the Payment Schedule, we will only process a payment for the lesser amount. If you enrol a payment method in any of the electronic payment channels (described below), you authorise Postpay to process such payments using the payment method details provided by you (“Payment Method”). You can update or change your default payment method at any time via your Postpay Account. An ‘Automatic Payment’ is a payment, through the Payment Method you have chosen, that we will automatically process and collect for Recurring Payments (for all amounts that you owe Postpay).
b. Down Payments
To allow immediate purchase and processing of your Order, we require the use of a debit or credit card. By providing this card number and information to Postpay, you authorise Postpay to charge or debit your designated card for your Down payment when the merchant processes the Order with Postpay. This payment will be processed immediately after you place your order.
c. Sufficient Funds Required
You are responsible for ensuring that you have sufficient funds via your Payment Method in order to make Automatic Payments on the dates specified in your Payment Schedule.
d. 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 Late Fees. Refer to section 5.2.
e. Error Correction
If we make an error, you must notify us within 60 days of receiving your statement from us. If we are timely notified, we will correct the error and reimburse you any fees or charges imposed as a result of our error or system failure. To file a claim, email firstname.lastname@example.org.. Please provide us with a copy of the relevant records so we can locate your account and identify the issue.
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 Postpay Authorised Merchant 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 (excluding any processing fees or late fees incurred in relation to your payment). Please note, in the event of partial refunds, refund amounts are taken off the last payment(s) first.
a. You agree to provide any information or documentation reasonably requested to verify your identity in connection with your order.
b. You authorise us to make, directly or through third parties, any inquiries necessary to verify your identity and assess your capability to make the agreed payments.
c. 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.
You can use Postpay to pay for purchases of goods and services from Postpay Authorised Merchants by using Postpay functionality on Postpay Authorised Merchant sites and interfaces. Payment methods for your down payment and instalment payments may include debit and credit cards. You agree that you grant authorisation to Postpay to make the transfers from any of your debit card(s) and/or credit card(s) to fulfil your down payment, or a missed or failed payment. You give Postpay the right to resubmit any transaction you authorised that is returned for insufficient or uncollected funds or any other reason.
3.1.1 Spending Power You agree that your ability to use Postpay to purchase any item (other than via “Pay Now”) at any location (“Spending Power”) will be no greater than the current amount of your Spending Power at the time of such transaction. You further acknowledge that such Spending Power is predicated upon your current financial status with Postpay given your account balance as a result of outstanding purchases, current payments, pending or failed transactions and/or any other factor which Postpay considers in the good faith assessment of your shopping limit. Spending Power may change at any time pursuant to Postpay’s sole and reasonable discretion.
We may, at our discretion, impose limits on the number of Orders you can have open at any given time as well as Order amount minimums and maximums for each Order attempted using Postpay Services.
If you have concerns or questions with your account, please contact email@example.com.
Unauthorised Transactions: For Postpay unauthorised transactions, please contact Postpay at firstname.lastname@example.org to report the unauthorised transaction.
All Other Transactions: For Postpay to help you, you must have an Account in good standing, have purchased the item with Postpay, and be on time with all instalment payments to date.
Postpay encourages Users to communicate with Merchants directly to manage any purchase disputes. Any complaint against the Supplier does not relieve you of your obligations (including instalment payments) under this Purchase Payment Agreement.If you have a complaint with us regarding a Payment Purchase Agreement, you should follow the procedures set forth in Section 10.
If you create a Postpay Account, you are providing Postpay with express authorisation to obtain your personal credit score from Al Etihad Credit Bureau (AECB). Postpay uses this credit score as a supplement to our 'Know Your Customer' processes and to identify any risks that may exist in offering financing to you.
A credit report may be requested in connection with your application to use Postpay Services or in connection with this Agreement. You give Postpay and their respective agents, successors, and assigns permission to access your credit report in connection with any transaction, or extension of credit, and on an ongoing basis, for the purpose of reviewing this Agreement, taking collection action on this Agreement, or for any other legitimate purposes associated with this Agreement.
For instalment plans across 3 monthly payments, a small convenience fee may be applicable at the time of processing your down payment only. For instalment plans with 6 or more monthly instalments, a processing fee (0.5%) against your total order value and a service fee to support the convenience of spreading payments over monthly instalments that is reduced over time is incurred.
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 Late Fees:
For instalments plans across 3 months;
(i) AED25 the first time we attempt to and are unable to process the relevant Instalment Payment; and (ii) AED30 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.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.
For instalment plans across 6 months or more;
(i) AED 100 the first time we attempt to and are unable to process the relevant Instalment Payment; and (ii) a further AED 100 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.
The aggregate sum of Late Fees associated with a particular order will not exceed AED 200.
Notwithstanding 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 authorise us, to the extent permitted by law, to satisfy any monetary liability you owe us by: (i) Debiting your Payment Method at a later time or date in accordance with the Payment Authorization; (ii) Debiting any other debit or credit card for which you have provided details; (iii) Offsetting the payment amount against any amounts we may owe to you; or (iv) any other legal means.
You agree and consent to Postpay providing you Communications about your Account and notices related to the Postpay’s services.
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; and (c) your consent will remain in effect until you withdraw your consent as specified above in Section 15.
As part of the BNPL service, we may send you SMS messages. You agree to receive SMS messages to each telephone number provided by you to us regarding the BNPL service.
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.
Except as otherwise stated above in the Electronic Communications Delivery Policy, and herein, notices to Postpay must be sent by postal mail to: Unit No: 3726 DMCC Business Centre Level No 1 Jewellery & Gemplex 3 Dubai United Arab Emirates.
To contact you more efficiently, we may contact you using emails, calls or text messages to the telephone number(s) you have provided us. We may place such emails, calls or texts to: (i) send you OTP text messages; (ii) provide you notices regarding your Account or Account activity or transactions, (iii) investigate or prevent fraud regarding your Account, (iv) collect a debt owed by you to us; or (v) provide any other informational or transactional message related to your Account.
In addition, we may send you personalised marketing communications to the email address you have provided including but not limited to targeted offers, the introduction of new features or Postpay Authorised Merchants, or other special announcements.
You are responsible for maintaining adequate security and control of any and all IDs and OTPs, or any other codes that you use to access the Postpay Services. It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. You agree to always provide correct and updated information and to use your own and correct identity. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you use or disclose information that is not correct, does not belong to you or you are not authorised to use for any reason, then that will be a misuse of information. Any data relating to misuse or suspected misuse may be saved and used for enforcing legal rights, assessing future risk and for the protection of involved parties.
You authorise us to store your Payment Method details in our systems. We will use this information to authorise future charges as described in this Agreement. Unless you opt out, we may also use this information to prefill by auto-fill your payment method details and Personal Information for future purchases. You can manage your payment method details through the Postpay platform. In the event Postpay obtains updated payment method information from your bank, you agree that we may update and use this information in our system. The Postpay Authorised Merchant you are purchasing products from may also share your Personal Information with us and we may share your Personal Information with them in order to provide Postpay Services to you. When you make a payment with Postpay, the Postpay Authorised Merchant may share Personal Information with us in order to facilitate that payment, including your name and contact information and information about the items you wish to purchase.
You authorise Postpay, directly or through third parties, to make any inquiries Postpay considers necessary to validate your identity. We may ask to scan your Emirates ID or complete identity verification through face recognition at any time. Postpay reserves the right to close, suspend, or limit access to your Account, Postpay, all Postpay Services, in the event Postpay is unable to obtain or verify this Information.
If a dispute arises with Postpay, our goal is to learn about and address your concerns as soon as possible. Disputes with Postpay regarding the Postpay Services may be reported by emailing email@example.com or by calling +971 (4) 215 6555 from 9 AM to 6 PM (GMT +4), Monday to Saturday.
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.
a. 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 minimise 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 BNPL service 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).
b. Your address for such Notices is the email address you have provided in your Account. Our address for such Notices is: Unit No: 3726 DMCC Business Centre Level No 1 Jewellery & Gemplex 3 Dubai United Arab Emirates, 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.
c. 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.
You may not transfer or assign any rights or obligations you have under this Agreement without Postpay’s prior written consent. Postpay reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
This Agreement, along with any applicable policies and agreements on the Legal Agreements page on the Postpay website, sets forth the entire understanding between you and Postpay with respect to the Postpay Services.
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 BNPL service. 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 BNPL service 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 United Arab Emirates Dirhams (AED1,500).
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 BNPL service or violation of the terms of this Agreement.
a. This Agreement is effective until all amounts due under the Agreement are paid in full or otherwise cancelled or refunded.
b. 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.
c. This Agreement, including all documents or other material incorporated by reference, constitutes and contains 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
For any queries or complaints please contact our support team, whose details can be found on our website. For more information on consumer rights, visit www.consumerrights.ae or call Ahlan Dubai on +971 600 545 555.