PRECONTRACTUAL INFORMATION FOR THE BUY NOW, PAY LATER SERVICE
1.Who is Wisecart?
Cotsworlds Ecommerce Limited (hereinafter “Wisecart”, “we” or “us”) is incorporated under Belgian law and is registered with the Belgian Commercial Registry under number 0771.804.155.

2.What’s the Buy Now, Pay Later Service?

By subscribing the Buy Now, Pay Later Service, you grant us permission to charge the remaining two payments directly from your card on the agreed dates without the need to require your previous consent to it. If the Merchant does not charge you for your entire purchase at once, we may create several Buy Now, Pay Later Services for each part of the purchase. Each of these services will have their own charge dates depending on when the Merchant confirms each part of the purchase. This situation may be common in stores that do not ship all of the purchased products or services at the same time.

The Buy Now, Pay Later Service is free of interest, and you will only have to pay the relevant limited expenses.

In this regard, please find below different examples on the total amount to be repaid to Wisecart:

The APR is 0. The APR may vary according to the amount and term of the financing.

The NIR is 0.

Please take into account that there may be some other charges invoiced by your card-issuing payment services provider.

The payment method of the installments will be the one you have selected from those available on Wisecart’s website or app from time to time. Each payment method shall be conditional upon and operate in accordance with its particular terms of use.

If on the day the installment is due we are unable to collect the relevant amount, we will send you a notification and give you a courtesy period of three (3) days to update your payment method or to ensure that you have funds available to be disposed of with the payment card registered with us. A new charge will be instructed once you update your payment method so the outstanding amounts are paid. If we cannot charge your new payment method, we will attempt to charge the previous payment method again at the end of the three (3) day period. It is important that you make sure you have sufficient funds available to complete your payment on the due date. If we fail to collect the late installment a second time, during the grace period, we will add the unpaid total amount to the final installment, including a late payment penalty.

If by the end of the courtesy period we have not been able to charge your selected payment method, a default will be deemed to have occurred and, in addition to other actions we may be entitled to exercise, we may charge you a late payment penalty in the following amounts;

  1. EUR 4 per installment if the total value of the purchase is less than or equal to EUR 50;
  2. EUR 7 per installment if the total value of the purchase is between EUR 50 and less or equal to EUR 200;

If a default occurs for a period longer than 90 days, please note that you may not be able to use the Buy Now, Pay Later Service again in the future.

We may continue to attempt the recovery on subsequent due dates. If it is not possible to collect the remaining amount in the third installment, we may invoice you for the remaining amount to be paid immediately or we may follow our debt collection procedures in which case you will have to pay all reasonable costs incurred by Wisecart and/or the collection agency.

3.What else do I need to know?

In accordance with the provisions set forth under Law 22/2007, of 11 July, on Distance Marketing of Financial Services for Consumers, you may withdraw from this agreement without giving any reason and without penalty, within a maximum period of fourteen (14) calendar days from the date of this agreement, by notifying Wisecart at its registered office or at the e-mail address service.es@wisecartapp.com before the end of the period indicated above, by any procedure permitted by law that allows the notification to be recorded.

The notification shall be deemed to have been made within the deadline if it is made on a durable medium and sent before the expiry of the deadline for notification.

The period for exercising the right of withdrawal shall start to run from the day of this agreement. However, if you have not received the contractual terms and conditions and the corresponding contractual information, the period for exercising the right of withdrawal shall start to run on the day on which you receive said information.

Exercising your right of withdrawal means that you will have to pay the amount of the credit service actually provided by Wisecart up to the time of withdrawal as soon as possible and, in any event, within a maximum period of thirty (30) calendar days from the date of communication of the withdrawal. Once the withdrawal notification has been received, Wisecart will make it effective.

Wisecart may not demand any payment from you if (i) it does not prove that you have provided the existence of the right of withdrawal, with the conditions for its exercise or (ii) if it initiates the execution of the agreement without having been requested by you before the end of the withdrawal period.

Wisecart shall reimburse you, as soon as possible and in any case within a maximum period of thirty (30) calendar days, any amount it has received from you under the agreement, except for the amount to be paid by you to Wisecart.

You can repay the total amount of the credit at any time and no expenses will be charged for this early repayment. Any partial refund will reduce the total balance of your credit, but will not be considered a full payment. You will be required to continue to pay the outstanding installments according to the payment schedule established at the time of purchase on the established dates until the total purchase is fully paid. If you have made partial early repayments, the outstanding installment will be proportionally reduced accordingly.

If you withdraw from your purchase with the Merchant or return the purchased products or services, this agreement will automatically terminated and the outstanding installments canceled (as soon as the Merchant confirms this aspect to us); and we will proceed to refund the amounts you have already paid.

To the extent required by applicable law, our contractual relationship arising from this payment method shall be governed by Spanish law. Any dispute arising out of or related to this payment method shall be subject to the courts of your domicile.

All our communications with you, as well as the documentation related to our commercial relationship, will be in Spanish or in Spanish and English. In case of discrepancies between both languages, the version in Spanish shall prevail.

4.How can I make a complaint or a claim?

If you have a complaint regarding the Buy Now, Pay Later Service provided by Wisecart, you can submit your complaint by contacting Wisecart’s Customer Service Department by email at service.es@wisecartapp.com, including: surname, first name, ID number, signature, customer’s address and the reason for the complaint.

We will try to resolve your complaint as soon as possible and no later than two (2) months from submission, one (1) month in case you qualify as a consumer, in accordance with applicable regulations. If Wisecart does not issue a response to your complaint, you may submit your complaint to the Entities Conduct Department (Departamento de Conducta de Entidades) of the Bank of Spain. Please take into account that in order to apply for the Bank of Spain complaint services, applicable regulations require that you justify having previously contacted Wisecart’s Customer Service Department.

You also have the possibility to access the online resolution of disputes with the Entity in accordance with the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution in consumer matters, through the following link: http://ec.europa.eu/odr.

Wisecart is not a member of a consumer arbitration board for the resolution of disputes related to this agreement, and does not offer the possibility of accessing other extrajudicial procedures.

 

TERMS AND CONDITIONS FOR THE BUY NOW, PAY LATER SERVICE

 1.BUY NOW, PAY LATER SERVICE

Thank you for choosing to pay with Wisecart.

The following terms and conditions (the “Terms and Conditions”) apply to Cotsworlds Ecommerce Limited (“Wisecart”, “we” or “us”) and you, who has made a purchase via Wisecart’s platform with the merchant (the “Merchant”). When using “you” in this document, we mean anyone who has bought something using the payment in 3 installments provided by Wisecart. If you choose this payment method (the “Buy Now, Pay Later Service”), you agree to the following Terms and Conditions.

The following Terms and Conditions will be available at all times on a durable medium in Wisecart’s website, and prior to contracting the Buy Now, Pay Later Service.

This agreement sets out the Terms and Conditions applicable to the Buy Now, Pay Later Service. By signing it, you will be accepting these Terms and Conditions, which have not been individually negotiated, in accordance with Law 7/1998, on General Contracting Conditions.

2.HOW IT WORKS

By subscribing the Buy Now, Pay Later Service, you grant us permission to charge the remaining two payments directly from your card or the selected payment method on the agreed dates without the need to require your previous consent to it. If the Merchant does not charge you for your entire purchase at once, we may create several Buy Now, Pay Later Services for each part of the purchase. Each of these services will have their own charge dates depending on when the Merchant confirms each part of the purchase. This situation may be common in stores that do not ship all of the purchased products or services at the same time.

3.WHAT ELSE DO I NEED TO KNOW?

3.1 nterests and expenses

The Buy Now, Pay Later Service is free of interest, and you will only have to pay the relevant limited expenses.

In this regard, please find below different examples on the total amount to be repaid to Wisecart:

The APR is 0. The APR may vary according to the amount and term of the financing.

The NIR is 0.

Please take into account that there may be some other charges invoiced by your card-issuing payment services provider.

3.2Accepted cards and stored cards

The payment card registered to face the installments must be valid, meaning that you must be listed as the cardholder by the payment services provider issuing the payment card and the payment card cannot be expired. Wisecart reserves the right to refuse the payment card registered in compliance with types supported by Wisecart’s systems from time to time. Wisecart may limit the different types of payment cards accepted for payment. If a payment card is not supported, Wisecart shall let you know before the purchase is completed. Accepted payment methods will be disclosed by Wisecart at the moment of the payment. Wisecart does not accept prepaid cards.

By subscribing the Buy Now, Pay Later Service you authorize us to store your card details on our systems. We will use this information to authorize future payments under these Terms and Conditions. Unless you choose not to authorize it, we may use this information to complete your payment card details for future purchases and in any case you will be able to manage your card details online. In case Wisecart obtains any updated payment card information from your payment services provider, you agree that we may store it in our systems.

3.3Payment of installments

The payment method of the installments will be the one you have selected from those available on Wisecart’s website or app from time to time. Each payment method shall be conditional upon and operate in accordance with its particular terms of use.

3.4Late Payment

If on the day the installment is due we are unable to collect the relevant amount, we will send you a notification and give you a courtesy period of three (3) days to update your payment method or to ensure that you have funds available to be disposed of with the payment card registered with us. A new charge will be instructed once you update your payment method so the outstanding amounts are paid. If we cannot charge your new payment method, we will attempt to charge the previous payment method again at the end of the three (3) day period. It is important that you make sure you have sufficient funds available to complete your payment on the due date. If we fail to collect the late installment a second time, during the grace period, we will add the unpaid total amount to the final installment, including a late payment penalty.

If by the end of the courtesy period we have not been able to charge your selected payment method, a default will be deemed to have occurred and, in addition to other actions we may be entitled to exercise, we may charge you a late payment penalty in the following amounts;

  1. EUR 4 per installment if the total value of the purchase is less than or equal to EUR 50;
  2. EUR 7 per installment if the total value of the purchase is between EUR 50 and less or equal to EUR 200;

If a default occurs for a period longer than 90 days, please note that you may not be able to use the Buy Now, Pay Later Service again in the future.

We may continue to attempt the recovery on subsequent due dates. If it is not possible to collect the remaining amount in the third installment, we may invoice you for the remaining amount to be paid immediately or we may follow our debt collection procedures in which case you will have to pay all reasonable costs incurred by Wisecart and/or the collection agency.

3.5 Access to credit reports, identity checks and reports

Depending on the characteristics of the credit, Wisecart may need to verify your identity. Identity verification is performed so Wisecart can comply with its anti-money laundering and counter terrorist financing legal requirements as well as to prevent fraud. You will need to provide the necessary information requested to Wisecart to verify your identity. Please be informed that we may also check the information provided against third party databases.

Wisecart shall not enter into an agreement with you if the information requested to comply with the obligations set forth in the paragraph above are not provided or in the event that Wisecart finds out that the information or part of the information shared by you is false or cannot be updated.

We may conduct an inquiry at a credit bureau. This inquiry may affect your credit score and your chances of obtaining credit in the future. If, as a result of our inquiry, you are unable to access this payment method, we will notify you. We may also validate your payment card and request authorization from your payment services provider. In this case there will be no changes to your credit rate for these payments. Late, missed or other unpaid payments on your purchase may be sent to the credit bureau and reflected on your credit file, which may affect your credit score.

3.6Assignment or transfer of the credit agreement

This credit agreement is formalized by Wisecart taking into account your personal characteristics and solvency rate, and therefore cannot be assigned or transferred to a different debtor without Wisecart’s prior written consent.

In this regard, you may not transfer or assign any rights or obligations you have under these Terms and Conditions. To the extent no longer permitted by applicable law, we may transfer or assign these terms or any rights or obligations under these terms at any time, provided that such transfer does not alter your rights and obligations under these terms to your detriment.

3.7 Early repayment and refunds

You can repay the total amount of the credit at any time and no expenses will be charged for this early repayment. Any partial refund will reduce the total balance of your credit, but will not be considered a full payment. You will be required to continue to pay the outstanding installments according to the payment schedule established at the time of purchase on the established dates until the total purchase is fully paid. If you have made partial early repayments, the outstanding installment will be proportionally reduced accordingly.

If you withdraw from your purchase with the Merchant or return the purchased products or services, this agreement will automatically be terminated and the outstanding installments canceled (as soon as the Merchant confirms this aspect to us); and we will proceed to refund the amounts you have already paid.

3.8 Withdrawal rights

In accordance with the provisions set forth under Law 22/2007, of 11 July, on Distance Marketing of Financial Services for Consumers, you may withdraw from this agreement without giving any reason and without penalty, within a maximum period of fourteen (14) calendar days from the date of this agreement, by notifying Wisecart at its registered office or at the e-mail address service.es@wisecartapp.com before the end of the period indicated above, by any procedure permitted by law that allows the notification to be recorded.

The notification shall be deemed to have been made within the deadline if it is made on a durable medium and sent before the expiry of the deadline for notification.

The period for exercising the right of withdrawal shall start to run from the day of this agreement. However, if you have not received the contractual terms and conditions and the corresponding contractual information, the period for exercising the right of withdrawal shall start to run on the day on which you receive said information.

Exercising your right of withdrawal means that you will have to pay the amount of the credit service actually provided by Wisecart up to the time of withdrawal as soon as possible and, in any event, within a maximum period of thirty (30) calendar days from the date of communication of the withdrawal. Once the withdrawal notification has been received, Wisecart will make it effective.

Wisecart may not demand any payment from you if (i) it does not prove that you have provided the existence of the right of withdrawal, with the conditions for its exercise or (ii) if it initiates the execution of the agreement without having been requested by you before the end of the withdrawal period.

Wisecart shall reimburse you, as soon as possible and in any case within a maximum period of thirty (30) calendar days, any amount it has received from you under the agreement, except for the amount to be paid by you to Wisecart.

3.9 Default

A default will exist if: (a) no payment is made by the due date after the applicable courtesy period; (b) you are involved in insolvency or bankruptcy proceedings; (c) you provide us with false, misleading or incorrect information; or (d) you fail or are unwilling to comply with any of the conditions contained in these Terms and Conditions.

If a default is deemed to exist Wisecart may: (a) charge the outstanding balance, including late fees, using any registered payment method or by separate invoice; (b) use a debt collection agency to claim the payment, in which case all reasonable costs (including attorneys’ fees) incurred by Wisecart and/or the debt collection agency will be charged to you; and (c) report default information to credit reporting agencies.

3.10 Other Rights and Obligations

You must always provide correct information and use your own identity. Any use of information that does not belong to you or that for other reasons you are not authorized to use, or use of the Service in a manner not prescribed, will be considered misuse. Any data relating to misuse or suspected misuse may be stored and used for future risk assessment and for the protection of the parties involved. Wisecart reserves the right to block the use of the Buy Now, Pay Later Service.

We may assign or convey to any individual or legal entity any of our rights, remedies, powers, duties, obligations or interests under this agreement and you agree that we may assign this agreement to such individual or legal entity.

3.11 Use of personal data

For more information regarding the use of personal data please refer to our Privacy Policy.

3.12 Complaints and claims

If you have a complaint regarding the Buy Now, Pay Later Service provided by Wisecart, you can submit your complaint by contacting Wisecart’s Customer Service Department by email at service.es@wisecartapp.com, including: surname, first name, ID number, signature, customer’s address and the reason for the complaint.

We will try to resolve your complaint as soon as possible and no later than two (2) months from submission, one (1) month in case you qualify as a consumer, in accordance with applicable regulations. If Wisecart does not issue a response to your complaint, you may submit your complaint to the Entities Conduct Department (Departamento de Conducta de Entidades) of the Bank of Spain. Please take into account that in order to apply for the Bank of Spain complaint services, applicable regulations require that you justify having previously contacted Wisecart’s Customer Service Department.

You also have the possibility to access the online resolution of disputes with the Entity in accordance with the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution in consumer matters, through the following link: http://ec.europa.eu/odr.

Wisecart is not a member of a consumer arbitration board for the resolution of disputes related to this agreement, and does not offer the possibility of accessing other extrajudicial procedures.

3.13 Applicable law and jurisdiction

To the extent required by applicable law, our contractual relationship arising from this payment method shall be governed by Spanish law. Any dispute arising out of or related to this payment method shall be subject to the courts of your domicile.

4.LANGUAGE

All our communications with you, as well as the documentation related to our commercial relationship, will be in Spanish or in Spanish and English. In case of discrepancies between both languages, the version in Spanish shall prevail.

5.COMMUNICATIONS

By accepting these terms, you agree that Wisecart will use electronic communications when communicating with you. Payment information, terms, disclosures required by law, and other information that may be provided to you may be provided to you electronically, including through the Wisecart website, the Wisecart App or the email addresses you provided to us.

All communications and/or notifications resulting from the above shall be made in any of the official languages of the Kingdom of Spain agreed by the parties.

Updating your contact information

It is your responsibility to ensure that Wisecart has your current email address and cell phone number so that we can communicate with you electronically. If you need to update your primary email address, please contact our Customer Service Department to make the change.

Questions

If you have any questions regarding the use of electronic communications with Wisecart, please contact Wisecart’s Customer Service Department.

6.WISECART

Cotsworlds Ecommerce Limited is incorporated under Belgian law and is registered with the Belgian Commercial Registry under number 0771.804.155.