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1.1. These Terms and Conditions are part of the Agreement which governs your Retail Instalment Plan Facility.
1.2. The Agreement comprises:
(a) the Acceptance Pages
(b) these Terms and Conditions; and
(c) where applicable, any Special Conditions.
1.3. To the extent of any inconsistency between the Acceptance Pages and these Terms and Conditions the Acceptance Pages will prevail and to the extent of any inconsistency between the Acceptance Pages and these Terms and Conditions on the one hand and any Special Conditions on the other hand, the Special Conditions will prevail.
1.4. Please read all the documents carefully.
1.5. A Retail Instalment Plan Facility is available only to individuals aged 18 years or older who are permanent residents of Ireland and for personal or household (and not business, trade or professional) purposes.
1.6. To enter into the Agreement you must:
(a) satisfy our eligibility requirements;
(b) complete our on-line application process;
(c) confirm your Payment Method; and
(d) provide the documents and information we (or our agents) may request.
1.7. You become legally bound by the Agreement when you complete our on-line application process.
2.1. The following expressions have the following meaning in these Terms and Conditions and in the Acceptance Pages:
Acceptance Code means the four digit pin code that will be supplied to you by us by either SMS (text) message and/or email and which you must use if you wish to accept our offer of the Facility and to be bound by the Agreement.
Acceptance Pages means the Acceptance Pages which accompany these Terms and Conditions and form part of the Agreement.
Account means the account we set up to record transactions under the Facility.
Additional Payment has the meaning given in clause 10 (Right to repay the Facility early).
Agreement means the agreement between you and us comprising these Terms and Conditions, the Acceptance Pages and, where applicable, any Special Conditions.
Annual Percentage Rate or APR means the annual percentage rate calculated in accordance with the CCA Regulations and which, as of the Start Date, is the rate specified in the Important Information Section as the “APR”. The APR is calculated based on the Standard Variable Rate and, where applicable, the Special Interest Rate and will go up or down in accordance with variations in the Standard Variable Rate and, where applicable, the Special Interest Rate.
Application Fee means the application fee set out in the Fee Table.
Business Day means a day (other than a Saturday or Sunday or a public holiday in Ireland) on which our offices in Dublin and banks in Dublin are open for business.
Cash Price of the Products means the full price of the Products (including VAT) if you were to pay cash for them as set out in the Important Information Section.
CCA Regulations means the European Communities (Consumer Credit Agreements) Regulations 2010 as amended or replaced from time to time.
Date of the Agreement means the Validation Date and is the date the Agreement becomes effective.
Default has the meaning given in clause 19 (Things you must not do – Default).
Dishonour Fee means the dishonour fee as set out in the Fee Table.
End Date means the last day of the Term and, subject to the terms of the Agreement, is the “End Date” set out in the Important Information Section.
Facility means the Retail Instalment Plan facility which is being made available to you on the terms and subject to the conditions of the Agreement or, as the case may require, the balance of all amounts from time to time outstanding thereunder.
Fees means any fees set out in the Fee Table or otherwise in the Agreement which may be payable by you to us from time to time.
Fee Table means the “Fee Table” set out in the Acceptance Pages.
Flexi-Fi means FlexiFi Europe Limited (registration number 600124) being the credit provider under the Agreement and otherwise referred to in the Agreement as ‘we’ or ‘us’.
Flexi-Fi Customer Portal means the online portal which we make available to you to allow you access to your Account. The terms and conditions applicable from time to time to this portal are set out on our website.
Important Information Section means the section of the Acceptance Pages which is headed “Important Information”.
Interest Free Period means, if any, the interest free period specified in the Important Information Section as the “Interest Free Period” during which we will not charge interest in respect of the Facility for the period specified.
Late Payment Fee means the late payment fee set out in the Fee Table.
Monthly Account Keeping Fee means the monthly account keeping fee set out in the Fee Table.
Monthly Instalment Payment means the monthly instalment payment amounts payable by you to us each month, as set out on the Important Information Section, on the Monthly Instalment Payment Date. These will vary in accordance with any change in the Standard Variable Rate or, where applicable, the Special Interest Rate.
Monthly Instalment Payment Date means the date in each month for the payment of the Monthly Instalment Payments set out in the Important Information Section.
Payment Method means the method by which you will make payments to us as chosen by you from the options available when you accept the Agreement.
Products means the goods, products and / or services purchased by you from the Retail Partner as described in the Important Information Section.
Rate, if any, means:
(a) a Special Interest Rate;
(b) an Interest Free Period; and/or
(c) Standard Variable Rate.
Retail Partner means the retailer, seller or provider of the Products who is named as the “Retail Partner” in the Important Information Section.
Retail Partner Payment Date means the date we make payment to the Retail Partner in accordance with clause 7 (Payment to the Retail Partner).
Special Conditions means the special conditions, if any, incorporated into the Agreement.
Special Interest Rate means, if any, the fixed rate of interest specified in the Important Information Section as the Special Interest Rate (which will be lower than the Standard Variable Rate) which we will charge on the Facility for the Monthly Instalment Payment(s) set out in the corresponding part of the Important Information Section.
Standard Variable Rate means the variable rate of interest that is applicable to the Facility and which at the Start Date is the rate per cent per annum specified in the Important Information Section as the “Standard Variable Rate”.
Start Date means the date you accept the offer of the Facility and agree to be legally bound by the Agreement by entering your Acceptance Code.
Term means, the period over which the Facility must be repaid; it starts on the Validation Date and ends on the End Date and, subject always to the terms of the Agreement, is the period set out in the Important Information Section as the “Term”.
Terms and Conditions means these Flexi-Fi Retail Instalment Plan Terms and Conditions.
Total Amount of Credit means the principal amount of the Facility as set out in the Important Information Section.
Total Amount Payable means the sum of the Total Amount of Credit and the Total Interest and Charges Payable and is payable by you to us by the Monthly Instalment Payments under the Agreement as set out in the Important Information Section.
Total Interest and Charges Payable means all interest and charges payable by you in respect of the Facility as estimated as of the Start Date as as set out in the Important Information Section.
Validation Date means the date you provide us with your Payment Method and we validate that Payment Method.
VAT means (a) any tax imposed in compliance with the Council Directive of 28 November 2006 on the common system of valued added tax (EC Directive 2006/112); and (b) any other tax of a similar nature, whether imposed in a member state of the European Union in substitution for, or levied in addition to, such tax referred to in (a) above, or imposed elsewhere.
we or us means Flexi-Fi and includes its successors assigns and transferees. Any other grammatical form of the word ‘we’ has a corresponding meaning.
Withdraw has the meaning given to in clause 9.1 (Right of Withdrawal).
you means the customer named in the Important Information Section and your and any other grammatical form of the word ‘you‘ has a corresponding meaning.
2.2. Unless otherwise required by the context, a singular word includes the plural and vice versa and reference to any gender includes all genders and a reference to:
(a) any party includes that party’s successors, personal representatives and permitted assigns;
(b) any provision of law is a reference to that provision as amended or re-enacted; and
(c) any document is to that document as varied or replaced (provided, where required, we have consented to such variation or replacement).
3. The Facility
We agree to make the Facility available to you on the terms and subject to the conditions of the Agreement under which we will pay on your behalf the Retail Partner for the Products purchased by you from the Retail Partner. You will be obliged to repay to the amount paid by us on your behalf to the Retail Partner together with any interest, Fees and other amounts as set out in the Agreement.
4. Purpose of the Facility
The Facility may only be used to pay for the Products which you are purchasing from the Retail Partner. The Products must be for your personal use and may not be used for your business, trade or profession.
5. Amount of the Facility
The amount of the Facility is the Total Amount of Credit set out in the Important Information Section.
6. Things that have to be done before you may take up the Facility
You may not utilise the Facility until:
6.1. you have completed the on-line application process through our website or mobile app;
6.2. we have approved you for the Facility;
6.3. you have agreed to be bound by the Agreement by completing our on-line acceptance procedure;
6.4. you have provided us with confirmation of your Payment Method which we have validated;
6.5. we have issued a copy of the Agreement to you by email which includes the Validation Date; and
6.6. the Application Fee, if any, has been paid in full.
7. Payment to the Retail Partner
When the conditions specified in clause 6 (Things that have to be done before you may take up the Facility) have been satisfied, we will pay to the Retail Partner the purchase price payable by you for the Products, as set out in the Important Information Section. You irrevocably and unconditionally authorise us to transfer such amount directly to the Retail Partner towards payment for the Products and receipt of the Retail Partner will be a good receipt and confirmation that you have received the benefit of the Facility.
8.1. You must pay the Facility by the number of Monthly Instalment Payments detailed in the Important Information Section comprising: principal, the Monthly Account Keeping Fee and, except during any applicable Interest Free Period, interest. These are the minimum repayments that are required. You may make additional repayments at any time in accordance with clause 10 (Right to repay the Facility early) below.
8.2. The first Monthly Payment Instalment will be payable on the first Monthly Instalment Payment Date following the Validation Date.
8.3. All Monthly Payment Instalments and other payments due under the Agreement will be made by your debit card or credit card. Where you have chosen the option to pay by debit or credit card, you hereby authorise us to debit your debit card or credit card with all amounts payable by you under the Agreement.
8.4. If you exercise your right to make an early repayment of any part of the Facility, the amount of any remaining Monthly Instalment Payments will (save for any adjustment necessary to the last Monthly Instalment Payment) remain the same but the number of them (and as a result the Term) will reduce to take account of the early repayment.
8.5. For the avoidance of doubt, you must continue to make payments in accordance with this clause 8 (Payment) even if the Products become defective, cease to exist or are otherwise not to your satisfaction.
8.6. A Monthly Payment Instalment due on a day which is not a Business Day is payable on the next Business Day and a Monthly Payment Instalment which is due on the 29th, 30th or 31st of a calendar month which does not have such a date will be due on the first banking day of the following calendar month.
8.7. Any partial payment of a Monthly Payment Instalment will be applied firstly towards any fees payable in accordance with clause 15 (Fees and charges) below, secondly in reduction of the interest accrued and thirdly in reduction of principal.
8.8. If at any time you so request we will provide you free of charge with a statement of account in the form of an amortisation table which will contain a breakdown of each repayment showing capital amortisation, the interest calculated on the basis of the Standard Variable Rate and, where applicable, any additional costs.
WARNING: If you do not meet the repayments on your Facility, your account will go into arrears. This may affect your credit rating, which may limit your ability to access credit in the future.
9. Right of Withdrawal
9.1. You may withdraw (“Withdraw”) from the Agreement within 14 days of the later of the Date of the Agreement and the date on which you receive a copy of the Agreement.
9.2. To Withdraw you should contact us through the Flexi-Fi Customer Portal or by calling us directly before the end of that 14 day period indicating your desire to Withdraw.
9.3. If you exercise that right you must, within 30 days of notifying us, repay any money we paid to the Retail Partner in accordance with clause 7 (Payment to the Retail Partner) of the Agreement, plus interest for each day from the date of such payment to the Retail Partner until the date of repayment.
9.4. If you do not exercise this right to Withdraw you will continue to have the right to repay the Facility early as outlined in clause 10 (Right to repay the Facility early) below.
10. Right to repay the Facility early
10.1. You may at any time make payments (Additional Payments) which are additional to the Monthly Instalment Payments required under clause 8 (Payment) above. This includes paying off the Facility in full at any time.
10.2. You may make an Additional Payment through the Flexi-Fi Customer Portal or by calling us directly.
10.3. You may repay the Facility in full at any time by paying the following amounts:
(a) all principal amounts remaining outstanding under the Facility;
(b) all interest accrued until and including the day of repayment; and
(c) all Fees and charges incurred but unpaid under the Facility.
11. Standard Variable Rate and Special Interest Rate
11.1. Subject to clauses 13 (Interest Free Period) and 14 (Special Interest Rate ), the rate of interest applicable to the Facility is our Standard Variable Rate. This is a variable rate and we may vary it at any time at our sole discretion.
11.2. If we vary the Standard Variable Rate:
(a) we will give you notice of the variation by a notice in accordance with clause 30 (Notices) by advertising in one or more newspapers circulating in Ireland, through the Flexi-Fi Customer Portal or on our website;
(b) the variation will take effect from date specified in the notice; and
(c) in consequence of the variation, we may in our absolute discretion vary the amount of the Monthly Instalment Payments payable by you over the residue of the Term.
11.3. Interest at the Standard Variable Rate is calculated on the outstanding balance of the Facility on a day-to-day basis and is charged monthly (as well after as before judgement or demand) on our charging dates.
12.1. The APR is calculated based on the Standard Variable Rate and, where applicable, the Special Interest Rate and will go up or down in accordance with variations in the Standard Variable Rate. The APR may also change if we change our charging dates.
12.2. The charges and Fees payable under the Agreement which are not included in the calculation of APR are:
(a) Fees arising under clause 15 (Fees and charges); and
(b) costs and expenses arising under clause 21 (Enforcement and preservation expenses).
WARNING: We may change the interest rate on the Facility. This means the cost of your Monthly Payment Instalments may increase or decrease.
13. Interest Free Period
If set out in the Important Information Section that an Interest Free Period applies, then there will be an Interest Free Period for the duration shown from the Retail Partner Payment Date. During this Interest Free Period no interest will be charged on the Facility. You will still be required to make the Monthly Payment Instalments during this period, though none of these payments are in the nature of interest and no interest is accruing.
14. Special Interest Rate
14.1. If set out in the Important Information Section that a Special Interest Rate applies, then there will be a Special Interest Rate for the duration shown on the Important Information Section. During this Special Interest Rate period interest will be charged on the Facility at the Special Interest Rate. The Monthly Payment Instalments during this period will include interest at the Special Interest Rate.
14.2. The Special Interest Rate is a fixed rate.
14.3. Interest at the Special Interest Rate is calculated on the outstanding balance of the Facility on a day-to-day basis and is charged monthly (as well after as before judgement or demand) on the relevant Monthly Instalment Payment Date.
15. Fees and charges
15.1. You must pay us the Fees that are or may become payable under the Agreement and must do so when required by the Agreement or us. We may debit the Fees to your Account when they are payable.
15.2. Without limiting the scope of clause 15.1 (Fees and charges), in addition to interest you will be liable to pay the following charges, if applicable:
(a) an Application Fee in the amount set out in the Fee Table (if applicable this is payable on the Validation Date);
(b) each month during the Term, a Monthly Account Keeping Fee;
(c) a Late Payment Fee on any Monthly Payment Instalment or other sum that is not paid when due;
(d) a Dishonour Fee on any refusal of your bank or other payment service provider to process a payment to us on your behalf; and
(e) any other Fee or charge we may include from time to time.
15.3. If we incur or are liable for any government tax or other charge imposed by law in respect of the Agreement or the operation of the Facility, you must pay us an amount equal to the amount of the tax or charge we incur or are liable for.
16. Changes to our circumstances
If there is any change in any law or regulation or any requirements of any regulatory authority which in our opinion will increase our cost of funding or making available your Facility or will reduce the profit we make on your Facility, then you will pay us, on our request, the amount that we certify is necessary to compensate us for our increased cost or our reduction of profit.
17. Changes to the Agreement
17.1. We may change any part of the Agreement (including these Terms and Conditions) at any time. We may do this for one or more of the following reasons:
(a) to comply with any change or anticipated change in any relevant law, code of practice, guidance or general industry practice;
(b) to reflect any decision of a court, ombudsman or regulator;
(c) to reflect a change in our systems or procedures, including for security reasons;
(d) as a result of changed circumstances (including by adding benefits or new features);
(e) to respond proportionately to changes in the cost of providing credit (including by changing interest rates); or
(f) to make them clearer.
17.2. We will notify you in advance of any change which is to your disadvantage and any such change will be effective and binding not less than 30 days after such notification.
17.3. For the avoidance of doubt, a change in accordance with this clause 17 (Changes to the Agreement) will not affect your existing obligations which arise or arose prior to the expiry of the notice period. The change will only apply and become effective to obligations arising after the expiry of the notice period.
17.4. This notice may also be given to you by an advertisement in one or more newspapers circulating in Ireland.
17.5. You have the right to end the Agreement at any time before the end of the Term in accordance with clause 10 (Right to repay the Facility early).
You agree that we may pay commissions or fees to or receive commissions and fees from any retailer, seller, supplier, broker, agent, dealer or other person who introduces you to us, or us to you.
19. Things you must not do – Default
You must not:
19.1. fail to pay on time any sum due under the Agreement; or
19.2. break any of the other term or condition of the Agreement or any other agreement with us; or
19.3. give us any false or misleading information; or
19.4. be in default under any other financial obligation to any person; or
19.5. commit an act of bankruptcy or be declared bankrupt or enter into a personal insolvency arrangement, a debt settlement arrangement or a debt relief notice process or make or seek an arrangement with your creditors; or
19.6. cancel any credit or debit card being used to make Monthly Payment Instalments in accordance with clause 8 (Payment) above without providing us before the next Monthly Payment Instalment is due with an alternative, valid payment method which is satisfactory to us; or
19.7. fail to provide before the next instalment is due updated details for any debit or credit card used to make the Monthly Payment Instalments in accordance with clause 8 (Payment) which expires; or
19.8. allow any person other than yourself to use any of your passwords, signing codes or log-in details on any of our apps or websites.
The occurrence of any of clauses 19.1 to 19.7 (Things you must not do – Default) above is a Default.
20. Action on a Default
20.1. If a Default occurs, and we have not already done so, we will have no obligation to make the Facility available to you.
20.2. If a Default occurs and we have already made the Facility available to you, we will, where the Default is capable of remedy, give you written notice requiring you to remedy the default within a period of 21 days. If you fail to remedy the Default within the period specified in the notice or the Default is incapable of remedy, all principal amounts, all accrued but unpaid interest and any other amount outstanding under the Facility will become immediately due and payable on written demand by us to you.
20.3. You will be deemed to have failed to remedy the Default specified in such a notice if, at the end of the time allowed by the notice, you have remedied that Default but have committed another of the same type.
21. Enforcement and preservation expenses
You will pay on demand all costs and expenses incurred by us in enforcing or preserving or seeking to enforce or preserve our rights under the Agreement. We may debit these expenses to your Account. We will give you notice before we do so. They will become immediately due for payment once debited. These costs and expenses may include, but are not limited to, reasonable legal fees and expenses, reasonable fees and expenses of collection agents and the reasonable expenses of our staff and our facilities reasonably incurred in relation to any enforcement or preservation. Interest charges will apply to debited enforcement and preservation expenses until they are paid in full.
22. Payments must be in full
All payments due from you to us must be made in full in accordance with the Agreement without any set-off, deduction or counterclaim. If VAT or other taxes are imposed by law on any amount payable by you, you must, at our request, reimburse us for any additional expense we incur or shortfall we suffer.
We do not require any security for the Facility.
24. Statement of Account
24.1. You may access at any time a statement setting out the transactions on your Account through the Flexi-Fi Customer Portal. The statement of account may be exported or printed by you.
24.2. In addition we will at any time at your request provide you with a statement of account in the form of an amortisation table in accordance with clause 8.8 (Payment).
25. Liability for the Products
The Products will be supplied to you by the Retail Partner only. If any issues arise in connection with any the Products, you must exhaust any remedies (legal or otherwise) against the Retail Partner before seeking a remedy from us.
26. Errors and complaints
26.1. We seek to resolve any errors speedily and you should inform us of any errors which occur in relation to the Agreement as soon as possible.
26.2. We aim to provide a friendly and efficient service to our customers and it is our policy to ensure that your concerns are dealt with fairly and promptly. If you have any reason to complain you may do so by contacting us directly.
27. Change of circumstances and address
You must immediately inform us of any change in your circumstances, including when:
27.1. your contact details change (including your postal, residential or email address);
27.2. you have changed your name;
27.3. you appoint a person to act on your behalf under a power of attorney;
27.4. your payment method changes (including updating details where any card used for payments is cancelled or expires);
27.5. you have been declared bankrupt or have or enter into a personal insolvency arrangement, a debt settlement arrangement or a debt relief notice process or make or seek an arrangement with your creditors; or
27.6. there is any information that we should be aware of about your ability to comply with this Agreement.
We will not be responsible for any errors or losses associated with a change in your circumstances if we do not receive adequate notice of the change.
28. Authority to complete and amend errors
You authorise us to complete any blanks or correct any errors in the Agreement that are clearly incorrect and the amendment of which would not have a detrimental effect on your liabilities or materially affect your obligations under the Agreement.
29. Data Protection
29.1. We are committed to complying with applicable data protection laws when collecting, using and disclosing your personal data (being information that directly or indirectly identifies and relates to you, as defined in those laws). This will include, for example, the details you provide in your application for the Facility as well as financial details such as your credit history.
29.2. You agree to us collecting and processing personal data about you for the purposes of:
(a) assessing your application for the Facility and whether you satisfy our eligibility requirements;
(b) managing your Account;
(c) responding to your questions or complaints; and
(d) dealing with, assigning or transferring to any person, company or other entity any of our rights, interests and / or obligations under the Agreement.
29.3. We collect your personal data primarily from you. You agree that we may also collect personal data about you, where necessary for the purposes specified in this clause 29 (Data Protection) from the Retail Partner; other credit providers; insurers; any of your employers, former employers, referees, banks, landlords, guarantors, accountants, lawyers and financial advisers; service providers to us (including debt collection agencies, private investigators, professional advisers); professional organisations; the internet; public and subscriber only databases; and government authorities.
29.4. You agree that we can obtain from credit reporting agencies and/or any business providing information about commercial credit worthiness:
(a) consumer credit report(s) about you for application(s) for commercial credit; and
(b) commercial credit report(s) about you for application(s) for consumer credit.
29.5. You agree that we can disclose your personal data to:
(a) any person as required by law;
(b) where necessary for the purposes specified in this clause 29 (Data Protection), any of our related bodies corporate; our assignees or potential assignees; the Retail Partner; any other supplier appointed by us, credit reporting agencies or any business providing information about commercial credit worthiness; other credit providers; insurers; any guarantor or proposed guarantor of your obligations to us; your assignees or proposed assignees; debt collection agencies; our banks and financial advisers; our lawyers, accountants and other professional advisers; and any suppliers or contractors to us who may need to have access to your personal data to provide services to us or you (including, without limitation, valuers, physical and electronic file storage suppliers, receivables management suppliers and data warehouses); or
(c) any person specifically authorised by you in writing to obtain your personal data from us.
29.6. We may also disclose your personal data to any of the persons specified in clause 32.4 below.
29.7. Some personal data processing may be done outside the European Economic Area (EEA) as we may share personal data with other entities which are based abroad. The jurisdiction to which such personal data may be transferred may not have laws that provide the same level of protection for your personal data as in Ireland. We will, however, put in place arrangements to keep your data safe and secure.
29.8. You agree that the main consequence for you if you do not provide to us the personal information that we require, is that your application for the Facility is unlikely to be approved.