Zip Pay Longer Terms and Conditions

Updated 01 November 2021

Please ensure you read these terms and conditions carefully. By clicking to accept the terms and conditions you have agreed to be bound by these terms and conditions and our Disclosure Statement which together form our agreement (“Agreement”).  The information we collect in respect of this Agreement is subject to our Privacy Policy. These terms and conditions may change from time to time. However, the version provided to you on the date of your Disclosure Statement will apply to your Payment Schedule.

These terms and conditions and your Disclosure Statement (including your Payment Schedule) form your contract with us.  Any future Payment Schedule we agree to give you will relate to a new contract with us.

When we do anything under this Agreement, including when you ask us to do something, we will always act in accordance with our lender responsibilities under the Credit Contracts and Consumer Finance Act 2003.

1. PARTIES

This Agreement is between Zip Co NZ Finance Limited (referred to as Zip, us, we or our) and you (referred to as you or your).

2. DEFINITIONS

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 Auckland, New Zealand.

“Card” means a validly issued New Zealand credit or debit card that you have used or added to your account on the Platform.

“Disclosure Statement” means the disclosure statement we have provided to you together with these terms and conditions containing important information about your contract including your Payment Schedule.

“Goods” means the goods or services you are buying from the Retailer.

“GST” means goods and services tax chargeable under the Goods and Services Tax Act 1985.

“Late Fee” has the meaning given to it in the Disclosure Statement.

“Payment Date” has the meaning given to it in the Disclosure Statement.

“Payment Schedule” means the fortnightly payment plan set out in the Disclosure Statement and on the Platform, showing the amounts you owe us, and the date on which such amounts are due.

“Privacy Policy” means our privacy policy, available at https://zip.co/nz/privacy-policy/

“Platform” means the Zip platform available in both web and app form.

“Retailer” means a partner retailer or other retailer who has integrated their systems with the Platform.

“Spending Limit” means the amount specified in the Platform as your spending limit from time to time.

“Transaction Value” means the full amount of the Goods as charged by the Retailer, including any GST and shipping costs (if any).

3. WHAT WE AGREE TO DO

If you comply with the terms of this Agreement, we will pay the Transaction Value to the Retailer for the Goods on your behalf.

4. WHAT YOU AGREE TO DO

4.1      You agree to pay us in accordance with the Payment Schedule. The Payment Schedule includes payments of the credit fees described in section 6 below. You also agree to pay Late Fees in the circumstances described in section 7.

4.2      You agree that we can charge your Card in accordance with the Payment Schedule and any Late Fees payable. You agree to have available funds on your Card at the time we charge it.

4.3      You are responsible for any fees or costs that your bank may charge you because of us taking any payment or attempting to take any payment from your Card in accordance with the Payment Schedule.

4.4      You agree to pay all amounts without any set off or other deduction whether or not you have any issue or dispute with respect to the Goods or the Retailer and whether or not you currently own or have the Goods in your possession.

4.5       You can make a partial prepayment of one or more payments (but not part of a payment) under your Payment Schedule. We will decline a part prepayment of a  payment. You can make a full prepayment of any amounts you owe under your Payment Schedule at any time. You will also be required to pay the payment processing fee on the full amount you owe.

4.6       If the Retailer has paid a refund to us, we will apply any refund as a partial or full prepayment of your Payment Schedule by reducing all future instalment payments as detailed in your Payment Schedule from the date of the refund equally.

4.7       If the refund referred to at 4.6 above is greater than the total of all amounts owing under your Payment Schedule, we will promptly transfer the excess amount to your Card.  When the refund will appear on your Card depends on your bank and can take up to 7 Business Days.

4.8       You acknowledge that we collect merchant service fees from Retailers. You are not required to pay these.

5. DEPOSIT

5.1      We will charge your Card the initial deposit payment (which is equal to 15% of the Transaction Value or Spending Limit if lower) once you confirm your purchase.  We refer to this initial payment in this Agreement as “the initial deposit payment”.  We will take payment of the remainder of your instalments in accordance with the Payment Schedule.

5.2      If the Transaction Value is above your Spending Limit, you have the option to pay for the difference upfront by paying that amount to us and we will pay that amount to the Retailer on your behalf.

6. FEES

6.1      You must pay us a payment processing fee which is calculated as 1.6% of the principal component of any payment you make to us (except as set out below).

6.2       The payment processing fee is not payable on your deposit or on any payment made under clause 5.2. The payment processing fee covers the cost of processing any payment you make to us.  It is due and payable on each Payment Date after the first Payment Date and any date you prepay.  The payment processing fee is included in the payments set out in your Payment Schedule.

6.3      If this is the first time you have used Zip Pay Longer, you must pay us an establishment fee of $15.  The establishment fee is split evenly across the 12 Payment Dates after the initial deposit payment and is included in those payments.

6.4       We reserve the right to reduce or remove any fees as a result of any promotional activity, change in these terms or otherwise at our discretion.

7. NONPAYMENT AND LATE FEES

7.1      We will attempt to take a payment of any amount due to us on a Payment Date from your Card on each Payment Date. If we cannot take payment from your Card on a Payment Date, you authorise us to attempt to take payment of both the payment under your Payment Schedule and any Late Fees from your Card:

(a) three days after the original Payment Date;

(b) if that is not successful, seven days after the original Payment Date; and

(c) if neither of those are successful, ten days after the original Payment Date.

7.2      If we have not received a payment due to us by 11:59PM on the relevant Payment Date:

(a) your right to use the Platform will automatically be frozen, meaning you will no longer be able to make purchases with Retailers using the Platform until we say you can, and

(b) we will immediately add a Late Fee to your account on the Platform unless you have notified us of a genuine dispute under clause 12.

7.3       Your bank may charge you fees for any failed payment.

7.4       We can at reasonable intervals also try and take any overdue payment and any Late Fee from any Card you have used or added to your account on the Platform.

7.5      We can choose to waive or defer any Late Fee. The total of all Late Fees we charge you in relation to this Agreement is capped at $40.

7.6      You agree that if you do not pay us an amount you have agreed to pay under this Agreement on time, we may appoint a third party collection agency to collect any amounts owing and this does not require your consent or agreement. You must pay us any reasonable costs we incur as a result of appointing a third party collection agency to collect any amounts owing, and these costs are payable if we demand them any time after we incur them.

8. YOUR RELATIONSHIP WITH THE RETAILER

8.1     Your relationship in relation to the Goods you have purchased is with the Retailer.  Where you purchase Goods which are paid for through the Platform, your consumer rights in relation to those Goods are governed by New Zealand law, including the Consumer Guarantees Act 1993 and that Retailer’s terms and conditions and policies.

8.2       You acknowledge and confirm that we are not responsible or liable for Goods purchased from Retailers which are paid for through the Platform.

8.3       You are responsible for verifying the suitability, reliability and identity of any Retailers you purchase Goods from. We do not make any warranty or guarantee in relation to Retailers or any Goods that they supply.

8.4       We do not guarantee or have any responsibility for:

(a)        the suitability, quality or merchantability of any Goods purchased by you;

(b)       the availability or delivery of any Goods; or

(c)        any other responsibilities of the Retailer.

8.5      You agree to contact the Retailer if you have any issue with the Goods or if you wish to return any Goods.

8.6      Any full or partial return of the Goods is subject to the Retailer’s returns policy.  All communications with respect to any return must be made with the Retailer.  We cannot deal with any of these matters.

8.7      Nothing in this Agreement limits or restricts your rights under New Zealand consumer protection legislation, including the Credit Contracts and Consumer Finance Act 2003, the Consumer Guarantees Act 1993 (where you are a “consumer”), and the Fair Trading Act 1986.

9. COMMUNICATIONS

9.1      You agree that if we need to get in touch with you (including for the purposes of any disclosure) we can text the mobile number you have provided to us on the Platform or use the email address that you have provided to us on the Platform.

9.2       We consent to receiving notices or other communications from you in electronic form.

9.3       You agree to receive statements, notices and any documents (including disclosure statements) that we are required to give you in relation to your Payment Schedule and your Agreement by electronic communication through the Platform.

10. ASSIGNMENT

10.1     You may not assign, novate or otherwise transfer any part of this Agreement without our consent.

10.2     We may assign or otherwise transfer this Agreement, any rights we have under this Agreement, any Payment Schedule or any payment under a Payment Schedule without your consent.  Any person we transfer our rights to will have the same rights that we do.  If we assign this Agreement, any rights we have under this Agreement, any Payment Schedule or any payment, this will not affect our obligations to you.

10.3     You agree that we may disclose any information or documents we consider desirable to help us exercise our right at clause 10.2 including personal creditworthiness information to persons involved in providing funds by way of securitisation.

11. DISPUTE RESOLUTION

11.1      If you have any concerns or dispute with us or our Service, please contact us on:

Contact form

Phone: 09 489 8144

Address: Zip Co NZ Finance Limited, Level 13, 5-7 Byron Avenue, Takapuna, Auckland

11.2      We are registered under the Financial Service Providers (Registration and Dispute Resolution) Act 2008, registration number: FSP598969.

11.3     If we cannot resolve your complaint to your satisfaction, you may contact Financial Services Complaints Limited (“FSCL”), an external, independent scheme provider approved by the Minister for Consumer Affairs. There is no charge to you for this service.

11.4     The contact details of FSCL are as follows:

Telephone: 0800 347 257

Email: [email protected]

Post: Financial Services Complaints Limited, Level 4, Sybase House, 101 Lambton Quay, Wellington 6011

Website: http://www.fscl.org.nz

12. GENERAL

12.1      You agree that if any of these terms and conditions are unlawful or does not meet any duty that we need to comply with at law, that term will be changed to be lawful or to comply with the law.  That term will only be changed as needed and will not affect the rest of these terms and conditions.

12.2      Our agreement shall be governed by and interpreted in accordance with the laws of New Zealand. We and you agree that the courts of New Zealand shall have non-exclusive jurisdiction.