Terms of Service

1. INTRODUCTION

The following Terms & Conditions are applicable to the use of the Finloup’s Platform developed and distributed by FINLOUP S.A. ("Finloup"/”we”/”us”/”our”).

These Terms & Conditions must be read in conjunction with our Privacy Policy, which governs and explains how we collect and process your personal data, available at Privacy Policy.

2. WHO WE ARE

Finloup is a Société Anonyme incorporated and registered in Greece under GEMI number 155954101000, with registered office at 190 Andrea Siggrou Avenue, 2nd Floor, Athens, Greece, 17671, with tax identification number 801397730.

If you have any questions about these Terms & Conditions, you may contact us by email at team@finloup.com.

3. DEFINITIONS

The following definitions are used in this document:

AISP: the licensed Account Information Service Provider employed by Finloup to retrieve and collect your banking data, subject to your prior consent.

Instalment Plan: the instalment plan agreement entered into between you and the Merchant that has been facilitated by Finloup’s Platform.

Instalment(s): all subsequent individual instalments repaid to the Merchant by you as part of the Instalment Plan.

Merchant: any legal person selling products or services to you through its e-shop using our Platform as a payment option.

Platform or Finloup Platform: means app.finloup.com

Suggested Instalment Plan: the personalized instalment plan suggestion that has been derived by our Platform’s analysis and proposed to you.

Transaction: each individual sale of products and services conducted through the Platform and with an Instalment Plan between the Merchant and you.

4. PURPOSE OF THE PLATFORM

Finloup develops and distributes the Platform, allowing Merchants and its customers the possibility of deferring payments, via Instalments, by proceeding on behalf of the Merchant to the assessment of the eligibility of its customers and by facilitating the conclusion of an Instalment Plan entered into between the Merchant and its customer.

5. GENERAL TERMS

By checking “I agree”, you unconditionally and irrevocably agree to be bound by all these Terms & Conditions as stated herein without any exception whatsoever.

If you disagree with any part of these Terms & Conditions, you must immediately stop using the Platform.

Our Platform’s use is intended exclusively for Greek residents aged eighteen (18) years and over. By using our Services, you warrant and state that: a) you are eighteen (18) years of age or older and b) all information you provide to us about you is true, accurate, and up to date.

During the use of our Platform, you act under your sole and full responsibility.

6. AMENDMENTS

We may amend these Terms & Conditions at any time. For any amendment in the Terms & Conditions, we will provide you with prior notice in accordance with the circumstances, e.g. by visible notification on the Platform or by sending an email. Therefore, you should make sure to read any such notice carefully.

7. USE OF THE PLATFORM

By using our Platform, you accept and authorize us to:

a) collect from the Merchant certain information about you, such as your personal details (i.e. name, surname, full address for billing and shipping the product, mobile phone number, e-mail address, information on whether you are a registered user with the Merchant or a guest buyer) and purchase-specific data (i.e. products in basket, value per product, shipping costs).

b) proceed with the assessment of your eligibility to conduct a Transaction with an Instalment Plan and conclude an outcome on whether you are eligible for a Transaction with an Instalment Plan and, in a positive answer, under what terms.

c) employ an AISP in order to retrieve and collect information arising from your banking data (bank account and card information). Which banking data we will be able to retrieve via our AISP partner is subject to your prior authorization during our Platform’s procedure for the assessment of your eligibility to conduct a Transaction with an Instalment Plan. If you do not authorize access to your banking data we will not be able to conclude the eligibility assessment and we will not be able to offer you a Suggested Instalment Plan.

d) display to you the Suggested Instalment Plan.

e) facilitate the conclusion of the Instalment Plan entered into between you and the Merchant.

f) send you notifications via – among others - email, SMS, mail or call your mobile phone on behalf of the Merchant.

By using our Platform, you expressly and unconditionally acknowledge that:

a) Finloup is not the “seller” or “supplier” of any of the products or services sold by the Merchant.

b) By accepting an Instalment Plan, you transact directly with the Merchant and Finloup is not a party to the Transaction. As a result, Finloup does not control any aspects of the Transaction, including the quality, shipping and delivery of any product or service.

c) Finloup is not responsible for the products or services that are sold by the Merchant to you and their delivery.

d) The Merchant is the "seller" of the products and services according to the Greek legislation on consumers and is responsible for all obligations and guarantees deriving from the Greek legislation on consumers.

e) All payments according to the agreed Instalment Plan must be made by credit/debit card (VISA, MasterCard, American Express, Discover, Diners Club, JCB, UnionPay). Under these terms, you authorize Finloup and/or any third party payment institution cooperating with Finloup to debit your credit/debit card accounts for any amount that may be due on behalf of the Merchant.

f) Finloup is not responsible for any return or request for refund of any product or service sold by the Merchant. If you wish to return a product for any reason or request for a refund, you should contact the Merchant directly.

8. FEES AND PAYMENT

You do not pay us for using the Platform. We are paid by the Merchant who has provided you with access to our Platform.

9. EXCLUSION OF LIABILITY

Finloup shall not be held liable for any related loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages relating to the products or services sold by the Merchant to you or in case of any commercial disputes between you and the Merchant in relation to the products and services sold or in case the Merchant fails to comply with any obligations deriving from the applicable law (e.g. Law 2251/1994 on consumers, Regulation 2016/679/EU on personal data-GDPR).

10. LIMITATION OF LIABILITY

Your use of our Platform is at your own risk. To the extent permitted by law, neither Finloup or any of its subsidiaries, divisions, affiliates, agents, representatives or licensees shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access to or use of, or your inability to access or use, our Platform or the information available on our Platform or arising out of any action taken in response to, or as a result of, any information available on our Platform to the extent permitted by law. You hereby waive any and all claims against Finloup and its subsidiaries, divisions, affiliates, agents, representatives and licensees arising out of your use of our Platform and the information available thereon.

11. LINKS

Finloup does not review or monitor the material contained on websites that may be linked to our Platform and is not responsible for the content of any such linked websites. Your linking to such websites is at your own risk

12. PERSONAL DATA

For any information on the processing of your personal data, or how to exercise a right to access, correct, object and delete the personal data, please look up our Privacy Policy, available at Privacy Policy.

13. INTELLECTUAL PROPERTY

All content in the Platform, including badges, logos, images, graphics, photos, drawings, texts, etc. are the intellectual property of Finloup and are protected under the relevant provisions of applicable legislation or intellectual property of third parties for which Finloup has obtained a license for its own exclusive needs and for the operation of the Platform.

14. SEVERABILITY

Should any part of these Terms & Conditions be declared invalid or unenforceable by a court of competent jurisdiction, this will not affect the validity of any remaining portion of these Terms & Conditions and such remaining portion will remain in full force and effect.

15. DISPUTE RESOLUTION

These Terms & Conditions and any disputes arising out of or related to our Platform are governed by, and construed and enforced in accordance with, the laws of Greece. The courts of Athens, Greece, have exclusive jurisdiction.

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