SILVRR Pay Later Terms
Cotsworlds Ecommerce Limited SA, with company seat at Avenue Louise 65 Box 11, 1050 Brussels, Belgium, enrolled in the Belgian Crossroads Bank for Enterprises under the number 0771.804.155 (“SILVRR”) operates a platform, in the form of mobile app and website, powered by its payment service partner, (“SILVRR Platform“) through which consumers, meaning natural persons acting for purposes outside their commercial, craft or professional activity, (“User(s)” or “you”) may request to pay later without interest or cost, or pay in several instalments without interest or cost, for goods sold by merchants, after Users have registered on the SILVRR Platform (“Buy Now, Pay Later Option”).
These terms and conditions for the use of the SILVRR Platform (“SILVRR Pay Later Terms“) shall apply to all contracts concluded between Users and SILVRR with regard to the use of the SILVRR Platform (“Contract”).
The User may download and save the current version of these SILVRR Pay Later Terms on the SILVRR Platform. SILVRR will also send the version of the SILVRR Pay Later Terms valid at the time of the registration in the confirmation email sent after the successful confirmation, but will not store the SILVRR Pay Later Terms for the User on the SILVRR Platform.
- REGISTRATION AND USE OF THE SILVRR PLATFORM
The use of the SILVRR Platform is free of charge for Users and requires registration.
Users are only allowed to register if they are consumers and are at least 18 years old.
The User must use the SILVRR Platform on his or her own account. The User shall not act on behalf of another person.
Multiple registrations or registration with incorrect data will not be accepted.
For the purpose of registration, the User enters his or her name and an email address on the SILVRR Platform. Before the User submits his or her name and e-mail address, he or she can correct the entries. If the email address is not already registered, a verification code will be sent to the email address entered. The User shall enter this verification code on the SILVRR Platform in order to proceed with the registration. After successfully entering the verification code, the User selects a password and enters the selected password. Subsequently, the User will receive a confirmation email to the entered email address. The registration is completed by receipt of the confirmation email. With the receipt of this confirmation email the Contract in accordance with this SILVRR Pay Later Terms is concluded between the User and SILVRR. Registration via an already existing social media account (such as Facebook) is also possible. Therefore, the User logs in via his or her social media account by entering his or her access data for the social media account. The registration is completed by receipt of the confirmation email. The User has no legal right to registration. SILVRR may, at its own discretion, refuse the registration, e.g. if it considers that the User is in breach of the SILVRR Pay Later Terms. The User shall not share his or her password with third parties and must keep it secret and protect it from unauthorized access by third parties.
The User can delete his or her account at any time, for any reason, by following the account deletion instructions on the SILVRR Platform.
3.2. USE OF THE SILVRR PLATFORM
After successful registration, the User is entitled to use the SILVRR Platform in accordance with these SILVRR Pay Later Terms.
During the term of this Contract in accordance with these SILVRR Pay Later Terms, the User is obligated to keep all the data which the User has entered during the registration process and in the checkout-process for purchases via the SILVRR Platform (e.g. address, payment methods) up to date. Changes to this information can be made on the SILVRR Platform.
User must always provide correct information and use User’s own identity. Any use of information that does not belong to User or that for other reasons User is 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. SILVRR reserves the right to reject User’s use of the Buy Now, Pay Later Option.
- BUY NOW, PAY LATER OPTION
4.1 HOW BUY NOW, PAY LATER OPTION WORKS
At the checkout page, you’ll see an option to pay later without interest or cost, or pay in several instalments without interest or cost. When you choose this option, you will be asked to enter your personal information and card details to complete your purchase. SILVRR together with its payment service partner will check the information provided by you. If it’s approved, you then could pay later or pay in several months (the bill shall be paid by each month).
You could pay the bill with your credit card or any other payment method accepted by SILVRR’s payment service partner from time to time. And the payment transaction will also be executed by SILVRR’s payment service partner.
By choosing to save your card details or other personal payment information with SILVRR’s payment service partner, you authorize SILVRR’s payment service partner to store the information in its system, and charge this funding source for any subsequent purchases. You will not be charged until you make a purchase.
By choosing the Buy Now, Pay Later Option, you grant SILVRR a permission to charge the remaining payment(s) 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, several Buy Now, Pay Later Options for each part of the purchase may be created. Each of these options will have their own charge dates depending on when the merchant confirms each part of the purchase. This situation may be common for merchants that do not ship all of the purchased products or services at the same time.
With the Buy Now, Pay Later Option, SILVRR or SILVRR’s payment service partner will not charge you any costs as long as you follow the automatic payment schedule. However, if you are late in completing any of the payments, SILVRR may charge you with a reminder fee. Any non-completed, including any added reminder fee, will be charged together with the next payment on the next installment.
Please take into account that the institution issuing the payment card registered for the installments may charge you interest or penalties for the purchase using the payment card, in accordance with your agreement with the institution. If you have any questions about these charges, please contact the relevant institution.
The terms of your purchase, such as the quality of the product or the service or the term for the shipping, are governed by your agreement with the merchant.
4.2 IDENTITY CHECK
Depending on the characteristics of the Buy Now, Pay Later Option, SILVRR may need to verify your identity. Identity verification is performed so SILVRR can comply with our 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 SILVRR to verify your identity. Please be informed that SILVRR may also check the information provided against third party databases.
SILVRR may not enter into a Buy Now, Pay Later Option agreement with you if the information requested to comply with the obligations set forth in the paragraph above is not provided or in the event that SILVRR finds out that the information or part of the information shared by you is false or cannot be updated.
SILVRR may conduct an inquiry at a credit reference agency. 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 Buy Now, Pay Later Option, SILVRR will notify you. SILVRR’s payment services partner may also validate your payment card and request authorization from the relevant institution. 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 reference agency and reflected on your credit file, which may affect your credit score.
4.3 EARLY REPAYMENT AND REFUNDS
You can repay the outstanding amount of purchase at any time and no expenses will be charged for this early repayment. Any partial refund will reduce the total outstanding amount of purchase, 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, the payment schedule will automatically be terminated and the outstanding installments canceled (as soon as the merchant confirms this aspect), and SILVRR will proceed to refund the amounts you have already paid directly to your payment method account or card.
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 SILVRR or merchant with false, misleading or incorrect information; or (d) you fail or are unwilling to comply with any of the conditions contained in these SILVRR Pay Layer Terms.
If a default is deemed to exist SILVRR may: (a) charge the outstanding balance, including reminder 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 SILVRR and/or the debt collection agency will be charged to you; and (c) report default information to credit reporting agencies.
The User is responsible for ensuring the confidentiality of his or her account and password and for restricting access to his or her computer and mobile devices. The User shall keep his or her login and password secret and protect them against unauthorized access by third parties.
Users are required to inform SILVRR’s customer service immediately if there is evidence that a user account has been used by a third party.
Furthermore, the User shall change his or her password immediately and check whether any payment transaction was executed via his or her account without his or her involvement. In case of payment transaction executed without his or her involvement, the User is obliged to report these incidents to SILVRR and the police.
In case of evidence that any User account has been used or is used by a third party, SILVRR is entitled to temporarily block the account and ask the User to update the password. SILVRR shall immediately inform the User thereof.
The rights to the SILVRR Platform and the displayed and transmitted content remain with the respective copyright holders and are subject to copyright protection. Users only have usage rights to the SILVRR Platform and its content in accordance with the specifications below.
SILVRR provides the User with internet-based access to the SILVRR Platform during the term of this Contract. The SILVRR Platform is provided to the User for use after successful registration. For this purpose, SILVRR grants the User the right to use the SILVRR Platform and its functions for contractual use, which primarily includes the possibility to use Buy Now, Pay Later Option on the SILVRR Platform. This right is non-exclusive, non-transferable, non-sublicensable and limited to the use under this SILVRR Pay Later Terms. The User does not receive any further rights with regard to the SILVRR Platform, unless these rights are mandatory according to statutory provisions.
The subject of the above right of use also refers to new versions, updates and upgrades of the SILVRR Platform during the term of this Contract.
- TECHNICAL AVAILABILTY OF THE SILVRR PLATFORM
SILVRR makes the SILVRR Platform available on average 99,7% based on a calendar year. Downtimes affecting the User will be reported by SILVRR to an email address provided by the User.
Maintenance times are not taken into account when determining the availability.
To ensure the quality and further development of the SILVRR Platform, SILVRR may announce maintenance windows during which SILVRR may not provide the SILVRR Platform. This time will not be considered in the calculation of availability. As far as possible, SILVRR will schedule maintenance windows at times of low utilization. Maintenance windows will be announced to the User by email and with reasonable advance notice.
The calculation of availability also does not take into account times when the SILVRR Platform is unavailable due to urgent adjustments or updates to the IT infrastructure used for the SILVRR Platform to fix security vulnerabilities, acutely unstable software/hardware or in case of imminent danger, such as ongoing attacks. In such cases, SILVRR may also make use of unscheduled and unannounced maintenance periods. However, SILVRR will make every effort to notify the User immediately and inform the User by email about the status of the process.
When calculating the availability, times during which the SILVRR Platform cannot be accessed due to technical or other problems that are not within the sphere of influence of SILVRR [force majeure, fault of third parties (who are not vicarious agents), causes within the sphere of influence of the User (e.g. hardware faults), etc.] are also not included.
- 9. CUSTOMER SERVICE
You can address any complaint you may have to: service.XX@silvrr.com. If the complaint concerns SILVRR itself, SILVRR will reply on its own behalf. If this is not the case, SILVRR will forward the complaint to the respective party for it to respond.
Our customer service is available Monday to Friday from 8:00 until 21:00, unless when these days are banking holidays.
For claims based on a damage caused by SILVRR, the legal representatives of SILVRR or vicarious agents, SILVRR is always liable without limitation:
- in case of injury to life, body or health;
- in case of intentional or grossly negligent breach of duty;
- in the case of guarantee promises, if agreed; or
- in any other case included in the statutory provisions.
In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the Contract and compliance with which the User may regularly rely on (cardinal obligations) due to slight negligence on SILVRR’s part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
- TERM AND TERMINATION
This Contract shall have an indefinite term and may be terminated by either party with 1 months’ notice to the end of the month. The right to terminate for cause remains unaffected. The termination must be in text form.
- AMENDMENTS TO THE SILVRR PAY LATER TERMSAND SILVRR PLATFORM
12.1 CHANGES OF THE SILVRR PLATFORM
SILVRR shall be entitled to make changes to the IT systems used to provide SILVRR Platform and to the technical functionalities of the SILVRR Platform at any time if and insofar as this is necessary for a valid reason that was not foreseeable at the time this Contract was concluded and the change is reasonable for the User. A valid reason exists if these changes are necessary to adapt to the state of the art or to optimize, in particular to maintain or improve IT systems and functionalities of the SILVRR Platform or if newly enacted or amended statutory requirements, in particular regulatory requirements, necessitate such a change. And such changes to the technical functionalities of the SILVRR Platform shall not lead to unilateral deterioration and/or discontinuation of functionalities.
12.1 AMENDMENTS TO THE SILVRR PAY LATER TERMS
SILVRR may amend this SILVRR Pay Later Terms insofar as this is necessary to adapt to developments that were not foreseeable when this Contract was concluded and which SILVRR did not cause or cannot influence or due to developments customary in the market and whose non-consideration would not insignificantly disrupt the balance of the contractual relationship between the Parties and insofar as this does not affect essential provisions of the contractual relationship. Essential provisions are those concerning the type and scope of the contractually agreed services and the term including the provisions on termination. Furthermore, the SILVRR Pay Later Terms may be amended if this is necessary to eliminate not insignificant difficulties in the performance of this Contract due to contractual loopholes that have arisen after the conclusion of this Contract. This may be the case in particular, if the case law on the effectiveness of provisions of these SILVRR Pay Later Terms changes, if one or more provisions of these SILVRR Pay Later Terms are declared invalid by the case law or if a change in the law leads to the invalidity of one or more provisions of these SILVRR Pay Later Terms and/or in case changes are required due to legal requirements.
Such amendments to the SILVRR Pay Later Terms will be communicated to the User in text form no later than two months before the proposed date of their entry into force. The User may either accept or reject the changes, at the latest, one month before their proposed effective date.
The User’s consent shall be deemed to be granted if the User has not indicated his or her refusal, at the latest, one month before their proposed effective date. SILVRR will in its notification about the offering of the amendment separately inform the User of this approval effect and his or her right to reject.
- DISPUTE RESOLUTION
You may resort to any of the following dispute resolution schemes:
- The European Commission provides Users with a free to use platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/].
- Provided that the dispute does not involve intoxication, injury or death or there are reasonable indications of a crime, the out-of-court system for resolving disputes between consumers and businesses, without special formalities and with a binding and enforceable nature for both parties, is the Consumer Ombudsman Service.
- In any event, without prejudice to overriding and mandatory legal provisions providing for the competence of other jurisdictions (for example for consumers), SILVRRand Users may seize the courts of Brussels, Belgium for any dispute arising from or relating directly or indirectly to the Contract.
- FINAL PROVISIONS
Belgian law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar mandatory provisions of the law of the state in which the consumer has his or her habitual residence do not foresee otherwise.
Contract language is French and English. In case of inconsistencies between the different language versions, the language version selected during the registration shall prevail.
Should individual provision of these SILVRR Pay Later Terms be or become invalid or unenforceable in whole or in part, the validity and enforceability of the remaining (part of the) provisions of these SILVRR Pay Later Terms shall not be affected thereby. The invalid, illegal and/or unenforceable provision shall be deemed to be replaced by such valid, legal and enforceable provision which corresponds as far as possible to the spirit and economic purpose of these SILVRR Pay Later Terms and the original intention of the parties.