Pay in 4X Terms and conditions
- This Pay in 4X Facility Agreement is a credit granted to you (“You”) by PayPal (Europe) S.à r.l. et Cie, S.C.A. (“PayPal”, “us” or “we”) pursuant to this contract which supplements Your PayPal User Agreement and specifically governs Your use of Your Pay in 4X Facility.
PayPal (Europe) S.à.r.l. et Cie, S.C.A. (a limited liability partnership registered at the Companies register of Luxembourg under number B 118 349, having its registered office at 22-24 Boulevard Royal, L-2449, Luxembourg) is duly licensed as a Luxembourg credit institution in the sense of Article 2 of the law of 5 April 1993 on the financial sector as amended and is under the prudential supervision of the Luxembourg supervisory authority, the Commission de Surveillance du Secteur Financier (CSSF), with registered office in L-2449 Luxembourg.
- ‘Pay in 4X‘ is a credit allowing You to pay in four instalments for the eligible purchases (from 50 EUR to 2,000 EUR) that You made using your PayPal account. An initial payment is made at the time of purchase and is followed by monthly instalments spread over three (3) months as from the execution date of this Agreement.
- Pursuant to article L. 312-4 of the Consumption Code, the Pay in 4X Facility is not regulated by Chapter 2 “Consumption Credit” of the French Consumption Code given its duration which does not exceed three months and the negligible fees which may apply. Therefore, You acknowledge and agree that the ‘Pay in 4X‘ is excluded from the application of the French consumer credit regime and that PayPal decline to voluntary submit the ‘Pay in 4X‘ to this regime.
- ‘Pay in 4X’ is available to natural persons being 18+ and holding a Personal PayPal Account for which they are registered as residing in France, with a valid debit card linked to it as Funding Source for the duration of repayments to be made under the Pay in 4X Facility.
- This document will be available in Your PayPal account at any time, but You may wish to print a copy and retain it for Your records. At any time during the contractual relationship, You are entitled to request this Agreement in a paper format, without any costs. This Agreement will be stored for a ten (10) years duration.
- Capitalised terms not otherwise defined in this Agreement shall have the meaning set forth in the PayPal User Agreement.
- Summary of Your Pay in 4X Facility
Pay in 4X Facility
Payment is by valid debit card linked to the PayPal Account as a Funding Source
The amount that we are lending to You under this Agreement is based on, amongst other things, our assessment of Your financial position, the information You provided us within Your application and information about Your usage and history with PayPal.
- Execution and entry into force of this Agreement
8.1 You enter into this Agreement by double-click: once You confirm Your Order on the merchant’s website, You can choose PayPal as a payment method and You will then be redirected to the PayPal checkout page. On such page, You can choose the Pay in 4X Facility as a payment method by clicking on the “Pay in 4X” button and on the “Continue” button. You will then be able to see all relevant information relating to the proposed Pay in 4X Facility and You can confirm that You want to continue by clicking on the “OK” button. You will then be able to edit and correct Your personal data if needed. Finally, You shall acknowledge the Terms and Conditions of the Pay in 4X Facility and confirm Your acceptance of the same by clicking on the “Agree and Continue” button. You acknowledge and agree that the “double click” related to the acknowledgement of the Terms and Conditions and then the acceptance of said Terms and Conditions and of the Pay in 4X Facility constitutes an agreement to conclude and an irrevocable acceptance of the Terms and Conditions.
8.2 By entering into this Agreement, You expressly accept that the performance of this Agreement starts immediately after Your acceptance and not after the expiration of the 14 calendar days withdrawal further detailed in Clause 9 below.
8.3 PayPal reserves the right to grant or refuse the Pay in 4X Facility on the basis in particular of Your financial situation.
8.4 The Loan Amount made available under this Agreement will be directly paid to the merchant through Your PayPal account. The first instalment mentioned at Clause 7. B. above will be due on the date at which the Loan Amount is made available to the merchant. In situations in which funds corresponding to the Loan Amount are not collected by the merchant within twenty-nine (29) calendar days as from Your subscription to this Agreement, You expressly agree that this Agreement will be automatically cancelled without any costs or liabilities from both parties arisen from such cancellation.
- Your right of withdrawal
9.1 You may withdraw from this Agreement without giving a reason by emailing using the details provided in Clause 15.3 below (please provide us with the information mentioned in Appendix 1 of this Agreement). You have fourteen (14) calendar days to do so, starting from the day after You enter into this Agreement.
9.2 If You choose to withdraw from the Agreement, before instalment(s) is/are paid to us, this Agreement is voided without any fees and/or costs being due.
9.3 If You choose to withdraw from this Agreement after instalment(s) is/are paid to us, this Agreement is voided and:
(i) You will have to repay to us the full amount that You owe us under the Agreement without delay and no later than thirty (30) calendar days after the day on which You tell us that You want to withdraw; and
(ii) We will have to pay You the instalments You paid us already at the time of the withdrawal without delay and no later than thirty (30) calendar days after the day on which we have been informed that You want to withdraw.
The receivables mentioned under (i) and (ii) above shall be set-off so as to enable You to pay us the full amount that You owe us under this Agreement minus the instalments already paid to us at the time of the withdrawal.
- Withdrawal from the Purchase Contract
10.1 In situations in which You have been granted with a withdrawal right in relation to the Purchase Contract with the merchant and You decide to exercise it in accordance with applicable law and the conditions set out in the Purchase Agreement, this Agreement will be automatically terminated and Clauses 9.2 and 9.3 will apply mutatis mutandis.
10.2 If You choose to withdraw only from a part of your order under the Purchase Contract with the merchant, the Loan Amount indicated at Clause 7.A will be reduced accordingly and the future instalments to be paid pursuant to the repayment schedule described at Clause 7.B. being reduced equally and proportionally. In case of overpayment, PayPal will reimburse You the overpaid amount without delay and within thirty (30) calendar days the latest.
10.3 In case of full or partial withdrawal from the Purchase Contract, You agree to inform us about such withdrawal without delay by emailing or calling us using the details provided in Clause 15.3 below as mentioned in Clause 9.1 above, otherwise You agree that we continue debiting Your debit card linked to Your PayPal account as funding source of the amount of each instalment and at the dates described under Clause 7.B. above.
11.1 You are required to repay the Loan Amount as per the repayment schedule referred to in Clause 7.B.
11.2 Each repayment will be automatically debited from Your PayPal account on the payment due date by debiting the card linked as a Funding Source of your PayPal account.
11.3 You can also make early repayments and repay all or part of your outstanding balance at any time. You may do this by contacting our Customer Services team on the telephone number set-out in Clause 14 below or by logging into your PayPal account and clicking on the “Make a payment” button on the Pay in 4X section on the PayPal account.
11.4 If PayPal tries to debit Your PayPal account through the debit card linked as Funding Source for the repayment of an instalment or an early repayment and it fails, we may charge a default payment fee in accordance with Clause 12 below. We may also represent that amount for payment within 10 days or alternatively take that payment from the balance of Your PayPal account, if any. If PayPal refunds Your PayPal account and it is later determined that no refunds should have been paid we will be entitled to recover it from your PayPal account in case of sufficient balance or from your PayPal account through the debit card linked as funding source in case of insufficient balance.
11.5 Payments made by You under this Agreement will be applied:
- first, to past instalments which are due but unpaid if any; then to
- the late payment fees mentioned under Clause 12 if any; then to
- the repayment of the current instalment being due; and then to
- the future instalment(s).
11.6 Missing monthly repayments could have severe consequences, including us taking legal action against You and may result in difficulties for You to obtain other credits including with third-party lenders. If You miss payments, in addition to paying charges (see Clause 12):
- Your credit records may be affected in a way that makes it more difficult or expensive to obtain further credit; and
- You may face legal action to recover what You owe.
If we take legal action to recover what You owe, we may seek a charging order from the court. You may also have to pay our legal costs.
In case of characterised defaults in payment, your personal data may be registered in the Fichier Central des Incidents de Remboursement des Crédits aux Particuliers held with the Banque de France.
- Late payment charges
In case of default, we may charge:
- A Default fee as indicated at Clause 7. D. above each time an instalment is not paid when first presented.
- To the extent permitted by the applicable law, we may also ask You to pay any reasonable losses and costs that we incur as a result of You breaching this Agreement.
- Your Pay in 4X Facility Agreement
13.1 This Agreement is a fixed sum loan agreement. This means that we are lending You a fixed amount of money so that You can pay for a transaction.
You agree that the fixed amount as indicated at Clause 7.A. may vary depending on:
-any currency conversion rate fluctuation occurred between the time the payment of the instalment is authorized and the time your PayPal account is debited; and/or
-any additional amount you may accept to pay when completing your order on the merchant’s website under the Purchase Contract with the merchant such as (but not limited to) shipping costs, insurance costs, etc..
You expressly agree that the revised fixed amount is the amount you agree to borrow under your Pay in 4X Facility without this Agreement needing to be amended. You will be able to see in Your PayPal account the revised Loan Amount and the revised Repayment schedule.
For transactions not in euro currency, PayPal will automatically convert the transaction amount in euro before granting the Pay in 4X Facility. Currency conversion charges will apply as set out in your PayPal User Agreement.
13.2 Your Pay in 4X Facility is only for consumer use and it is not intended to be for business or commercial use. You are not authorised to subscribe to the Pay in 4X Facility for purchases connected to Your professional or business activity. You must not use (and we may prevent Your use of) the Pay in 4X Facility for any illegal purpose or for any type of transaction involving any non-eligible purchases. You will be responsible for any prohibited use of the Pay in 4X Facility even if we did not prevent or stop the prohibited use.
13.3 Without prejudice to Clause 10.2, if You pay us more than You owe us, we will first use such extra payment to repay any outstanding amount due to PayPal under the Pay in 4X Facility Contract, when applicable, and then We will refund your PayPal account.
13.4 In the event You receive a refund from a Merchant, it is Your responsibility to return the item purchased to the Merchant and other than as set out in this Agreement and Your statutory rights, we are not liable for a dispute between You and the Merchant in relation to an item purchased.
13.5 The use of gift vouchers or other Special Funding Arrangements (as mentioned in the PayPal User Agreement) is excluded when using Pay in 4X.
13.6 PayPal Buyer Protection rights described in the User Agreement will apply to a purchase made using a Pay in 4X Facility. If You have a problem with a purchase you must follow the procedures described in the PayPal User Agreement and open a dispute within 180 days from the date You made the purchase. For the avoidance of doubt, the PayPal Buyer Protection rights described in the User Agreement apply only to the purchases You make using Your Pay in 4X Facility. They do not apply to any problem You may have in relation to Your Pay in 4X Facility itself and/or this Agreement. For information regarding how to make a complaint about Your Pay in 4X Facility and/or this Agreement, please see Clause 19 below.
13.7 For the avoidance of doubt, You must continue to make the repayments due under this Agreement on the their due date whilst any Claim and/or Dispute You raise under Buyer Protection is investigated.
- Our liability
14.1 We shall not be responsible if You are unable to use Your Pay in 4X Facility or should we be unable to carry out any of our obligations under this Agreement due to:
a. us complying with applicable laws or regulation; or
b. abnormal and unforeseeable circumstances beyond our reasonable control, the effects of which would have been unavoidable despite all of our efforts to the contrary.
14.2 You cannot use a claim against a Merchant as a reason for not making payments to us unless You have a legal right to do so.
15.1 By derogation to Your PayPal User Agreement, any notice to be provided to You by us under this Agreement, including in relation to any notice to be sent to You by us in relation to the Fichier Central des Incidents de Remboursement des Crédits aux Particuliers, will be exclusively sent by posting it on the PayPal Website(s) (including the posting of information which is only accessed by you by logging into your Account), emailing it to the email address listed in your Account, calling you by phone, or sending you a “text” / SMS message.
15.2 If we have reasonable grounds for believing that You have changed Your email and postal addresses, for example because our correspondence is returned to us, we may instruct agents to trace You.
15.3 You can contact us:
a. online at https://www.paypal.com/fr/smarthelp/contact-us;
b. by calling us on +33 (0)1 87 15 36 25 (Calls from mobiles may incur a charge).
- Changing the Agreement
16.1 We may change any term of this Agreement (other than the terms related to fees) where the change:
a. is necessary to make the Agreement fairer to You or easier to understand;
b. reflects a change in relevant laws or regulation.
16.2 Notice of changes
a. For those changes, which are made to Your advantage, we may make the alteration immediately and tell You about it within 60 days.
b. If you apply for, and are offered, further Pay in 4X facilities, those facilities will be subject to the terms that apply as at the date of the relevant Pay in 4X Facility Agreement, which may differ from the terms of this Agreement. You are responsible for ensuring that you are familiar with the terms of each Pay in 4X Facility Agreement you enter into.
We may terminate this Agreement and the related Pay in 4X Facility and demand repayment of the full amount You owe us if:
- we find out that our decision to lend to You was based on inaccurate, misleading or incomplete information;
- You breach this Agreement regularly or seriously, otherwise break the law or You appear on any sanctions list that we monitor;
- we have a reasonable belief that You no longer have the ability to control Your account, including if You are deceased or of unsound mind;
- You have broken the terms of another agreement with us, we have given You notice to end that agreement and we have reasonable grounds for believing that You may not be able to meet Your obligations under this Agreement;
- we reasonably believe You no longer reside in France; or
- if you close or attempt to close Your PayPal account.
You may terminate this Agreement at any time by repaying the overall Loan Amount due at this date within the conditions set out in Clause 11.3 above.
18.1 French law applies to the Agreement and to any precontractual information communicated to You and the French courts are the competent courts. The Agreement is concluded in French language and any communication between You and us will always be in French.
18.2 This Agreement contains the whole agreement between us and You regarding Your Pay in 4X facility and supersedes and replaces any prior written or oral agreements, representations or understandings between us and You in relation to this Agreement. Each party confirms that it has not entered into this Agreement on the basis of any representation that is not expressly incorporated in this Agreement. In the event of a conflict between this Agreement and any provision of the PayPal User Agreement, the terms of this Agreement shall prevail.
18.3 A credit is a binding commitment and shall be reimbursed. Please check Your ability to reimburse before accepting this Agreement.
19.1 If You have a complaint against us, our goal is to learn about and address Your concerns. Complaints may be reported to Customer Service online through the PayPal Help Centre at any time, or by calling the Customer Service telephone number: +33 (0)1 87 15 36 25 (calls from mobiles may incur a charge) and by logging into your PayPal account.
19.2 You may also file a complaint by contacting one of the following:
i. European Consumer Centre (ECC-Net). You may obtain further information regarding the ECC-Net and how to contact them at http://ec.europa.eu/consumers/redress_cons/.
ii. Commission de Surveillance du Secteur Financier (CSSF). The CSSF is the authority responsible for the prudential supervision of companies in the financial sector in Luxembourg. You can contact the CSSF at 110 Route d’Arlon L-2991 Luxembourg. You may obtain further information regarding the CSSF and how to contact them at: http://www.cssf.lu.
French consumers can contact the Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (DGCCRF) - 59 boulevard Vincent Auriol - 75703 Paris cedex 13 (http://www.dgccrf.bercy.gouv.fr/) for advice on consumer rights.
- Use of data
PayPal (Europe) S.a.r.l. et Cie, S.C.A. is the bank that provides the Pay in 4X Facility. PayPal (Europe) S.à.r.l. et Cie, S.C.A. is duly licensed as a Luxembourg credit institution and is under the prudential supervision of the Luxembourg supervisory authority, the Commission de Surveillance du Secteur Financier. Please refer to the PayPal Privacy Statement at https://www.paypal.com/fr/webapps/mpp/ua/privacy-full for more information about how PayPal processes Your personal data.
If you want to exercise Your data protection rights or have any questions about the Privacy Statement, PayPal's data protection practices, or Your credit application, you can contact PayPal by calling the customer service number: +33 (0)1 87 15 36 25 (calls from mobiles may incur a charge) or by writing to us at the following email address DPO@paypal.com or at PayPal (Europe) S.à.r.l. et Cie, S.C.A Société en Commandite par Actions 22-24 Boulevard Royal L-2449, Luxembourg.
The details You provide on Your credit application form help us make responsible lending decisions. We ensure the security of Your personal data.
For credit decisions and the prevention of fraud and money laundering, we may use credit reference and fraud prevention agencies (FPA) to help us make decisions.
When you apply to us to open a Pay in 4X Facility, we will check the following records about You:
- Our own.
- Potentially, those at Fichier Central des Incidents de Remboursement des Credits aux Particuliers of Banque de France as the case may be. You can contact the French Central Bank, Fichier Central des Incidents de Remboursement de Crédits aux Particuliers (to know more: https://accueil.banque-france.fr/index.html#/accueil).
- We will make checks such as assessing this application for credit and verifying identities to prevent and detect crime and money laundering.
- If You give us false or inaccurate information and we suspect or identify fraud, we will record this and will also pass this information to FPAs and other organisations involved in fraud and money laundering prevention.
Appendix 1 – Information to be provided to us in case You withdraw from this Agreement
If you want to withdraw from the Pay in 4X Facility Agreement by email, please log in to your PayPal account, then click on “contact” link at the bottom of the page and click on “send us an email” link. When sending us the email, please provide us with the filled paragraph below
“I, the undersigned ............. .............born on ............ .and residing at .............................. declare to withdraw from the credit offer under the Pay in 4X Facility Agreement concluded on ......... with PayPal for a total loaned amount of …………………….. for the purchase made on …........................ website (Order no. .............................).