Retail Installment Contract
The words “Buyer”, “you” and “your” mean the buyer or payor with respect to the goods and/or services (“Goods”) financed pursuant to this Retail Installment Contract and the Zip Customer Agreement, which is incorporated herein by reference (collectively, this “Agreement”), who has accepted this Agreement electronically. The words “Zip”, “Seller”, “we”, “us” and “our” mean Zip Co US, Inc., who is the seller of the Goods and provider of the financing hereunder, and shall further include any subsequent holder or assignee of this Agreement. By entering into this Agreement, you agree to purchase the Goods from us, on credit according to the terms of this Agreement. You agree to pay us the Total of Payments, including the Amount Financed, and any other amounts you may owe us under this Agreement. If more than one person enters this Agreement as Buyer, each of you agree to keep all the promises in this Agreement even if any other Buyer does not. Capitalized terms used but not defined herein have the meanings given to them in the Zip Customer Agreement.
When you use Zip Anywhere, Zip will purchase the requested Goods from the Merchant by displaying a temporary virtual card in the App (“Zip Card”). This virtual Zip Card provided to you in the App is issued to Zip and is provided to you to facilitate Zip’s purchases of goods and services from the Merchant. The Zip Card accesses an account owned by Zip, from which Zip pays the Merchant for the Goods. You understand and acknowledge that by entering this Agreement, you are purchasing the Goods from Zip, and not from the Merchant, and you agree to pay the Purchase Price to us in 4 equal installments. Your first installment is due on the date of this Agreement, or if you are paying the first installment by Check, you will need to mail in your Check 3-5 days prior to making your purchase to ensure that your account can be credited prior to making a purchase. The three remaining installments are due according to the payment schedule provided to you in the disclosures provided to you at the time of purchase (the “Disclosures”).
Please note the Merchant’s return policy before you purchase Goods using Zip. By purchasing Goods from Zip, you agree to be bound by the return policy of the original Merchant of those Goods. To return Goods, you must return the Goods to the Merchant on Zip’s behalf, but only in accordance with the Merchant’s return policy. A refund provided by the Merchant to the Zip Card will be treated as a credit toward any amounts you owe us under this Agreement. If the Merchant does not provide a refund to the Zip Card equal to or greater than the amount you owe us under this Agreement, you will still be responsible for paying the remaining balance. If the amount of any refund provided by the Merchant to the Zip Card exceeds the amount you owe under this Agreement, Zip will issue you a refund, in the amount of the difference, to your original payment method. You may not be entitled to a refund of applicable fees charged by Zip under this Agreement.
Delays and cancellations
In some cases when you attempt to use Zip to purchase Goods, a transaction may be held as pending or otherwise delayed for processing and confirmation by either Zip or the Merchant. Zip may cancel this Agreement at any time until it is confirmed by Zip. If we cancel this Agreement before the Goods are shipped to you, and you are not in Default, we will refund you all amounts you paid us under this Agreement.
Promise to pay
You agree to pay to us all amounts you owe under this Agreement. You agree to make payments on each applicable due date (“Payment Due Date”) according to the payment schedule in the Disclosures. If you fail to pay all amounts you owe us on each Payment Due Date, the term of this Agreement may be extended, and the amount of the remaining payments may be adjusted by the amount necessary to repay the remaining amounts you owe us in full. All payments must be made in U.S. dollars.
You may make payments by sending a personal check to 228 Park Ave S, PMB 59872, New York, New York 10003-1502. You should mail your check 3-5 days prior to your Payment Due Date in order to ensure your payment is not late. Your payment will be considered late if we do not receive your payment by the Payment Due Date. If you elect to make payments by check, we may require you to keep a credit card on file and authorize Zip to charge that payment method for the amount due on or as of the Payment Due Date, if we do not receive your check by the Payment Due Date. We will apply a discount of $1.00 for each full regular installment payment you make to Zip by check, except where prohibited by law.
You may make payments using a Visa or MasterCard debit or credit payment card by entering your card information on the Zip App and authorizing payments to be made automatically on or before each Payment Due Date.
Zip does not charge interest in connection with this Agreement.
Application of payments
Payments are credited to your account as of the day they are received. We will apply your payments first to any fees or charges due to us, if any, then to principal amounts outstanding.
You will receive regular payment reminders by e-mail and/or SMS (text message), showing the amount of the next payment that is due under this Agreement and the Payment Due Date.
Servicing and Collection Contact
We may try to contact you at any mailing address, email address, or phone number you give us, as well as by in-App message. You agree that we, our agents, and/or our service providers may from time to time make calls and/or send text messages to you at any telephone number associated with your account, including wireless telephone numbers that could result in charges to you. The manner in which these calls or text messages are made to you may include the use of prerecorded/artificial voice messages and/or an automatic telephone dialing system. You may revoke your consent to certain of these types of communications at any time by contacting us at [email protected].
You are in default under this Agreement if: (a) you provide false or misleading information about yourself, your employment or your financial condition, (b) you fail to make a required payment by the Payment Due Date or if your payment is returned to us for any reason and you fail to successfully make the required payment to us by the Payment Due Date, (c) you file for bankruptcy or become a debtor under applicable bankruptcy laws, or (d) you otherwise fail to comply with a material provision of this Agreement (each, a “Default”).
Consequences of default
If any Default occurs, we may, at our option, require you to immediately pay us everything you owe us under this Agreement and pursue all legally available means to collect what you owe us, including designating your account as past due and placing it in collection. By taking these actions, we do not give up our right to use another way to collect the money you owe us later. Our delay or failure to exercise any of our rights under this Agreement or applicable law is not a waiver of our rights. Any waiver by us of any provision of this Agreement on any one occasion will not be a waiver on any other occasion. If we permit you to make payments on a modified payment plan, and, if you fail to make those payments, we will consider you to be in Default.
You understand that, in the event we are required to engage an attorney or other person to collect any amounts due under this Agreement, you will be required to pay the reasonable fees of such attorney or person, court costs and other related fees and costs, unless prohibited by applicable law.
You may prepay any installment amounts you owe under this Agreement at any time without penalty. If you make an early installment payment your prepayment will be applied to reduce your overall balance but you will still be required to make your regular installment payments on time until all amounts you owe under this Agreement are paid in full. If you overpay, or if there is a credit balance on your account, we will not pay you interest on such amounts. We may reject any payment if your account has a credit balance as of the day we receive that payment. Any other credits to your account, such as a partial refund by a Merchant, are not treated as payments. Such amounts will be credited to your account and reduce your balance, but may not reduce the amount of your next required payment or alter your payment schedule.
Verification and credit reports
You authorize and instruct us to verify the information you provided us in connection with this Agreement. You further give us consent to obtain information about you from a consumer reporting agency or other sources in order to verify your information, maintain your account and for any other permissible purpose, prior to entering into and at any time you have repayment obligations under this Agreement. You authorize all such third party sources to disclose the information requested by us, our agents or service providers unless prohibited by applicable law. We may report information about this Agreement and your performance under this Agreement to consumer reporting agencies in accordance with applicable legal requirements. Late payments, missed payments, or other actions you take or fail to take with respect to your Account may be reflected on your credit report.
Your Electronic Signature
You acknowledge and agree that when you click “I Agree to the Zip Retail Installment Contract”, you are providing your electronic signature and agreeing to be bound by this Agreement. By electronically signing, you are agreeing to all the terms and conditions in this Agreement, and certifying that all information you have provided is complete and accurate. You agree that your electronic signature will have the same force and effect, and will bind you to this Agreement to the same extent as a physical signature would. You also agree that this Agreement and all related documents are electronic records and that, as such, they may be transferred, authenticated, stored, and transmitted by electronic means.
Disclaimer of warranties
We make no warranties, express or implied, on the Goods, and there will be no implied warranties of merchantability or of fitness for a particular purpose.
This Agreement may not be assigned by you. We may assign or transfer this Agreement and our related rights and obligations without notice to you and your consent is not required if we make such an assignment or transfer.
This Agreement will be governed by federal law, and to the extent not preempted by federal law, the laws of the State of New York excluding its choice of law provisions. This choice of governing law will not change regardless of your or our change of location.
Notices to Buyer
You are entitled to an exact and completely filled-in copy of the contract you sign. Keep it to protect your legal rights.
YOU UNDERSTAND THAT YOU HAVE THE ABILITY TO OBTAIN A COMPLETED COPY OF THIS AGREEMENT ON THE Zip MOBILE APPLICATION.
The applicant, if married, may apply for a separate account.
Marital Agreement Notice—No provision of a marital property agreement, unilateral statement under Sec. 766.59 Wis.Stats., or court decree under Sec. 766.70 Wis.Stats., will adversely affect our rights unless we are furnished a copy of the agreement, statement or decree, or we have actual knowledge of its terms, before credit is granted or the account is opened.
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
NOTICE TO THE BUYER: DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT OR IF IT CONTAINS BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THE CONTRACT YOU SIGN. UNDER THE LAW YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE. KEEP THIS AGREEMENT TO PROTECT YOUR LEGAL RIGHTS.