Terms and Conditions
1.1. This Agreement is between Zip Co Payments México, S.A. de C.V. (referred to as Zip Co MX, us, we or our), with address at Paseo de los Tamarindos 90, Floor 21, Office 106, Bosques de las Lomas, Cuajimalpa de Morelos, City of Mexico, Mexico and RFC ZPM2103184P9 and you (referred to as you or your).
2.1. In this Agreement, unless the context otherwise requires:
“Business Day” means any day other than a Saturday or Sunday on which registered banks are open for ordinary banking business in Mexico.
“Cover Page (Carátula)” means a summary of the Agreement provided to you, pursuant to the General Provisions for Joinder Agreements, by email jointly with the confirmation of an approved Instalment Plan.
“Card” means a validly issued Mexican credit or debit card that you have used or added to your Zip Co MX account.
“Fee” means a) any fee charged by us for the installment plan, and/or b) any late payment fee if the relevant Instalment Payment or part thereof is unpaid in accordance with the Instalment Plan.
“Goods” means the goods or services you are buying from the Retailer Site, which we are financing via the Instalment Plan.
“Instalment Plan” means the fortnightly payment plan, showing the amounts due by you, including any Fee, if applicable, and the date on which such amounts are due and described on our Platform.
“Instalment Payment” means a specified payment contained in an Instalment Plan.
“Platform” means the proprietary technology platform developed by Zip Co MX and which manages the Services and includes the user interface by which you submit your information (including your Card details) and sets out the Instalment Plan.
“Retailer” means a partner retailer who has integrated the Retailer Systems with our Platform in order to provide our Service.
“Retailer Systems” means the e-commerce site and/or the instore point of sale systems of the Retailer.
“Service” means the offer to finance the purchase of Goods from a Retailer and via the Retailer Systems based on an Instalment Plan and subject to our approval requirements.
“Transaction Value” means the full amount of the Goods as charged by the Retailer, including any VAT and shipping costs.
“VAT” means Mexican value added tax.
“Website” means https://zip.co/es-mx and any information or policies contained therein.
3. OUR CORE AGREEMENT
3.1. Upon acceptance on our Platform, we agree to pay the relevant Retailer for the Goods you have selected to purchase on your behalf and you agree to pay us in accordance with the Instalment Plan and the terms and conditions contained in this Agreement and this amount payable by you is a debt due to us.
3.2. The Goods you have purchased are governed by the relevant terms and conditions and policies of that Retailer. Your relationship with respect to the Goods is with the Retailer. Your relationship with respect to the Instalment Plan is with us.
3.3. You have the right to revoke the acceptance of this Agreement within 10 days as of the date of acceptance of this Agreement. Zip Co Mx will not be able to charge you any cancellation fees. However, you will owe us any debt or obligations outstanding at the time of revocation.
3.4. Once you have entered an Instalment Plan, we cannot amend or cancel any such Instalment Plan without written confirmation from the Retailer in accordance with Clause 8 Refund Arrangements.
3.6. When you purchase any Goods via a Retailer’s ecommerce site using the Platform, Zip Co MX will take your initial 25% instalment at checkout and take payment of the remainder of your instalments in accordance with your Instalment Plan and the terms of this Agreement.
3.7. If the Transaction Value is above your spending limit, Zip Co MX may give you the option to pay for the difference upfront on top of your initial instalment. Your Zip Co MX spending limit is dependent on a number of factors including information gathered from 3rd parties, Zip Co MX repayment history, where you’re shopping, and any outstanding Zip Co MX payments. If the goods you’re purchasing today exceeds your Zip Co MX spending limit, you may be given the option to pay the difference on the first instalment.
For example, your Zip Co MX spending limit is MX$4,000, and you would like to make a MX$6,000 purchase.
- Instalment 1 – MX$1,000 (+MX$2,000 difference between Zip Co MX spending limit and price of Goods)
- Instalment 2 – MX$1,000
- Instalment 3 – MX$1,000
- Instalment 4 – MX$1,000
3.9. When you add a new Card to your Zip Co MX account, Zip Co MX will preauthorize that card for MX$20.00 pesos to ensure it is a valid card. Once that card is added to your account, Zip Co MX automatically and immediately instructs your bank to release the MX$20.00 preauthorization.
3.10. You may anticipate payments under your Instalment Plan through your Zip Co Mx account.
4. OUR OBLIGATIONS AND ACKNOWLEDGEMENTS
4.1. If accepted by our Platform, Zip Co MX shall pay to the Retailer for the Goods on your behalf such that the sale and purchase of the Goods is completed via the Retailer’s Systems.
4.2. We do not guarantee access to our Services and reserve the right to withhold approval from our Platform, Services or any new Instalment Plan at our discretion. This may even occur for identical purchases where you have previously paid the instalments in full and on time. Our Platform takes into account a number of factors including third party technology and service providers, features attributable to previous and current transactions, funding constraints, and repayment history and we do not provide any detailed explanation why a purchase may or may not be approved by our Platform. Where you have entered into an Instalment Plan, we will continue to fulfil our obligations to you unless the Instalment Plan is terminated in accordance with this Agreement.
4.3. We do not guarantee and have no responsibility for:
(a) the suitability, quality or merchantability of any Goods purchased by you through our Instalment Plan or via the Platform,
(b) the availability or delivery of any Goods,
all of which are the responsibility of the Retailer.
5. YOUR OBLIGATIONS AND ACKNOWLEDGEMENTS TO US
5.1. In return for us paying the Retailer on your behalf for the Goods, you agree to pay us in accordance with the Instalment Plan plus any applicable Default Fees if any Instalment Payment is not received.
5.2. You are aware we are relying on the information you provide to us and you confirm that all information you have provided to us is true, correct and not misleading. In particular you confirm you are over 18 years of age, have a current address in the United Mexican States, a valid identification document (e.g., passport, INE, drivers license) and have authorized access to a valid Mexican debit or credit card.
5.4. You unconditionally and irrevocably agree that we are entitled to charge your Card in accordance with the Instalment Plan including any Default Fee. You agree to have available funds on your Card or otherwise pay the Instalment amount on or before the date due in accordance with the Instalment Plan.
5.5. You are liable for any Fees or costs that your bank may charge you arising out of us taking any payment or attempting to take any payment from your Card in accordance with the Instalment Plan.
5.6. You agree that in the event of non-payment of any Instalment under an Instalment Plan, we may appoint a third party collection agency to collect any amounts owing and this does not require your consent or agreement.
5.7. You agree not to make any set off or other deduction from any Instalment Payment for any reason including any dispute or issue you may have with the Retailer, the Retailer Site or in relation to the Goods supplied by the Retailer.
5.8. You agree to pay all amounts under the Instalment Plan irrespective of any issue or dispute with respect to the Goods or the Retailer regardless of whether you currently own or have the Goods in your possession.
5.9. You agree that we are not responsible for the delivery, suitability or quality of any Goods you have elected to purchase and you agree to contact the Retailer in the event of any issue with the Goods or you wish to return any Goods.
5.10. You agree to keep any account details and password and any Instore Code you may have private and confidential and that you are responsible for any unauthorized use of your account or any Instore Code, unless any unauthorized use is a result of our negligence. You also agree to contact us immediately if you suspect your account may be used by an unauthorized third party or there is any other suspected fraudulent activity.
5.11. You agree that is your responsibility to keep your account log on details and any password, and any Instore Code safe and secure and that you are responsible for any orders placed using your account details unless any breach of security was caused by us.
5.12. You agree that each Instalment Plan is a new transaction and the use of the Platform and our Services and the entry into any new Instalment Plan is at our discretion and there is no guarantee that the Platform or Services will be available for any purchase of Goods.
5.13. You agree to have one Zip Co MX account in your own name, for your personal use. The creation of a duplicate account will result in your account being suspended.
6. INTEREST AND FEES
6.1. The Instalment Plan charges no interest.
6.2. The Instalment Plan has no establishment, administration, processing, monthly or weekly fees and no fee is charged for you to have an account and log on with us.
6.3. In the event of a non-payment of an Instalment Payment, a Default Fee may be charged in accordance with clause 7 below.
6.4. Any changes to the Fees will be duly informed according to the terms and conditions of article 7 of the Transparency and Order of Financial Services Law
7. NONPAYMENT AND DEFAULT FEES
7.1. We will commence the process to take an Instalment Payment from 2AM on the due date. In the event we cannot take payment from the Card you have provided to us on the date specified in the Instalment Plan, you authorize us to take payment of an Instalment Payment including any Default Fee from your Card three days after the original due date and if that is not successful, seven days after the original due date. We reserve the right to further try and recoup any Instalment Payment and any Default Fee at any later date from any Card you have used or added to your Zip Co MX account.
7.2. If we have not received an Instalment Payment by 4:00PM on the payment due date, we may automatically add a Default Fee to your account unless you have notified us of a genuine dispute under Clause 2.
7.3. Zip Co MX reserves the right, in its absolute discretion to waive or defer any Default Fee, without prejudice to Zip Co MX’s ability to seek collection for any unpaid principal and unpaid Default Fees. Any express election we make to temporarily or permanently waive payment by you of a Default Fee or other amount due to us under an Instalment Plan does not imply a waiver of any other amount due and we reserve all rights to make demand for such amounts.
7.4. Zip Co MX may refer any Instalment Plan in default to a third party collection agency, which may result in additional collection fees charged by that collection agency. In addition to the outstanding Instalment Payments and any Default Fees, you will also be liable for any reasonable costs incurred in enforcing this Agreement including legal fees and the cost of third party collection agents. In addition, Zip Co MX may report your repayment history, including late payments, defaults, chargebacks and any fraudulent activity, to credit bureaus and collection agencies. In particular, information about any late payment or default may be provided to a credit bureaus and that information may be added to your credit report and provided to other customers of that credit bureau. A credit bureau may hold that information as part of its database and use it as part of the service it provides.
8. REFUND ARRANGEMENTS
8.1. Any full or partial return of the Goods is subject to the Retailers returns policy. You agree to comply with any such returns policy, including the condition or returned Goods and any timing requirements. All communications with respect to any return must be made with the Retailer. We cannot deal with any of these matters directly with you.
8.2. We will only amend an Instalment Plan and process any Refund once the Retailer has requested us to do so in writing. The Instalment Plan is automatically adjusted by our platform by applying the refund amount to the existing last instalment first and working backwards to the other instalments. Depending on the amount of the refund, it is possible that the Instalment Plan is reduced by 1 or more instalments. For full refunds, we will process a repayment to you depending on the number of instalments we have taken.
8.3. Nothing in this Agreement or clause limits your rights under relevant Mexican consumer protection legislation.
8.4. Refunds where a cash refund is due will be processed back onto your original Card. The timing will depend on your bank and can take up to 7 business days.
9. OUR COMMUNICATIONS WITH YOU
9.1. If we need to get in touch we will either call or text your mobile number or use your email that you have provided.
10. VALUE ADDED TAX
10.1. We do not apply separate VAT to the Transaction Value of the Goods you have purchased. This VAT is applied directly by the Retailer.
11. INTELLECTUAL PROPERTY
11.1. All intellectual property in our Platform and Website, including any content, images or graphics are owned by us. You must obtain our written permission if you wish to use any such intellectual property.
12.1. You may not assign, novate or otherwise transfer this Agreement, the Instalment Plan, any Instalment Payment, or any right or obligation under this Agreement without our consent, which may be withheld in our absolute discretion.
12.2. We may assign this Agreement, any right in this Agreement, or any Instalment Plan or any Instalment Payment to a third party without your consent.
13. LIMITATION ON LIABILITY
13.1. Regarding the Services we provide under this Agreement:
(a) our liability for all and any claims arising out of or in connection with this Agreement, or our services, whether arising in contract, or otherwise will not exceed the total value of the Instalment Plan to which the relevant claim relates.
(b) neither party has any liability to the other for any indirect, consequential or economic loss howsoever arising, whether in contract, or otherwise.
14. DISPUTE RESOLUTION AND POINT OF CONTACT
14.1. Any dispute with a Retailer or in any way connected with the delivery, quality or suitability of the Goods must be raised directly with the Retailer.
14.2. If you have any concerns, queries, balance queries, or dispute with us or our Service, please contact us on the following contact information. We will provide you with support to resolve general issues relating to this Agreement:
Contact form: https://help.mx.zip.co/hc/es-mx/requests/new
Phone: +52 55 2088 8990
E-mail address: firstname.lastname@example.org
14.3. In case of a controversy, that has not been resolved by Zip, you will always have the right to a claim with Consumer Protection Agency (Procuraduría Federal del Consumidor) (PROFECO) (https://www.gob.mx/profeco), the parties herein agree that they may submit to an arbitration process before PROFECO.
The telephone numbers of the “Call center” of PROFECO is 01-800-468-87-22.
15. ACCOUNT STATEMENTS
Pursuant to the General Provisions on Transparency applicable to Commercial Entities, Zip must make accessible to you, account statements that describe in detail the Instalment Plans and the Fees charged, at least every two months, describing each movement, fees and commissions. You can require this statement by email to email@example.com, specifying the period. You Will receive the statement within 2 working days starting from the day of the requirement.
16.1. If Zip decides to amend the terms and conditions we will grant you a notice in terms of what is established under article 5 of the General Provisions on Transparency applicable to Commercial Entities, which shall be given within thirty calendar days, prior to the date in which it will become effective.
16.2. The aforementioned notice will be included in the account statement to be submitted electronically, or on the Zip webpage or by any other means permitted by law.
16.3. In the event that you do not agree with the amendments made, you may request termination of the Agreement within sixty calendar days from the date in which the amendments will become effective. Once the aforementioned period has lapsed without Zip having received any communication from you, the amendments shall be deemed accepted by you.
17. EXPRESS AUTHORIZATIONS
17.1. You authorize us to retrieve information about you from our service providers and other third parties, including credit reporting agencies and information bureaus and you authorize and direct such third parties to compile and provide such information to us. You acknowledge that this may include your name, addresses, credit history, and other data about you.
17.2. You also grant your authorization and consent to Zip, and agree to execute and deliver any documents Zip considers necessary, for requesting and procuring your credit history report/special credit report from credit information companies (sociedades de información crediticia), including without limitation Círculo de Crédito, S.A., SIC. Likewise, you authorize and direct such third parties to compile and provide such information to us.
17.3. You hereby state that you are aware of the nature and scope of the information contained in the credit history report/special credit report, and that you fully understand the extent of the investigation to be conducted and the information to be requested, as well as the use of such information in Zip’s possession.
Therefore, you consent that Zip shall be entitled for as long as you and Zip keep a legal relationship, to carry out periodic consults regarding your credit behavior in Círculo de Crédito, S.A. SIC.
17.5. You agree and consent that we can use our information for marketing purposes.
17.6. You agree that you may express your consent regarding this Agreement, as well as to have access to the services offered by Zip, by means of electronic means such as a personal identification number (NIP), biometric means and/or any other similar means to express consent authorized by applicable law.
18.1. This Agreement will be effective as long as you continue using our Platform and requesting Instalment Plans. You will have the right of terminating this Agreement at any time by providing written notice to Zip. Zip will not charge any fee associated for the termination of the Agreement.
18.2. Nothing in this Agreement shall create, constitute or evidence any partnership, joint venture, agency, trust or employer/employee relationship between us.
18.3. No waiver of any breach of this Agreement shall be deemed to be a waiver of any other, or any subsequent, breach. No failure or delay by any party in exercising any rights, power or privilege under this Agreement shall operate as a waiver, nor shall any single or partial exercise preclude any other or further exercise of any right, power or privilege under this Agreement.
18.4. This Agreement constitutes the entire agreement between us as it relates to a specific purchase of Goods and the relevant Instalment Plan. Each new purchase of Goods and associated Instalment Plan shall form a new Agreement.
18.5. If any provision of this Agreement is held to be invalid, illegal or unenforceable, it will be severed and the remainder of the Agreement will remain in full force and effect.
18.6. This Agreement shall be governed by and interpreted in accordance with the laws of the United Mexican States. The parties irrevocably and expressly submit to the exclusive jurisdiction of the courts of the United Mexican States, and hereby clearly and expressly waive to any other jurisdiction to which they may be entitled in the future by any reason whatsoever.
18.7. We reserve the right to close your account at our discretion.