Terms and Conditions
- General Terms and Conditions for Customers
- Specific Terms and Conditions - Pay in 30 days
- Specific Terms and Conditions - Pay in up to 36 instalments
- General Terms and Conditions for Merchants
These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) constitute an Agreement (hereinafter, the “Agreement”) between Open Bank, S.A., (hereinafter referred to as “Openbank” or “Zinia” (its trade name)) and you (hereinafter, also referred to as the “User”) regarding the services and features available on the Zinia website (hereinafter, the “Website”) and/or on the Zinia app (hereinafter, the “App”), available on application download platforms for IOS and Android mobiles (hereinafter, the “Services”).
Use of and access to the Website and, where appropriate, the App, are governed by the provisions of these General Terms and Conditions, as well as by our Privacy Policy and Cookie Policy. By using, accessing, browsing and viewing the content of this Website and App, you become a User and accept, through the mere use of them, the provisions established in these Terms and Conditions. If you create an account (hereinafter, the “Account”), in accordance with Section 2.1 “Account Creation”, you will also be considered a “Registered User” or, if you are already a Zinia customer due to having used one of our payment and/or financing methods, you will be considered a “Registered Customer”. As a Registered User or Registered Customer, you will be able to access both the App and the private area on the Website.
Access to the Website and, where appropriate, the App, is voluntary and free of charge. You can read the latest version of these Terms and Conditions at any time on the Zinia Website and/or App. You can also download them here.
1. What is Zinia?
Zinia is a trademark registered by Open Bank, S.A., a Spanish credit institution registered at the Trade Registry of Madrid in Volume 5308, Folio 202 and Sheet M-87030, and at the Bank of Spain under registration number 0073. The contact details for Openbank are as follows:
Name: Open Bank, S.A.
Spanish Tax ID Number: A-28021079
Postal address: Plaza de Santa Bárbara 2, 28004, Madrid (Spain)
Email address: info.de@zinia.com
Website: https://www.zinia.com/en-de
2. General Website and Service information
Through the Zinia Website and App, Zinia offers you the following Services: (i) interaction with Zinia and access to the Frequently Asked Questions section; (ii) access to information regarding the Zinia payment and financing methods, legal documentation and general information about Zinia; and, (iii) access to offers and promotions, etc. Additionally, in the event that you have created a Zinia Account, you can: (iv) see and manage your personal and contact details; (v) manage your marketing consents; (vi) use the settings related to the security of your Account, as well as change the passcode or request the Account to be closed. What’s more, as a Registered Customer, you can also: (vii) manage your payments, including making early payments; and (viii) see the status of the purchases you have made using the Zinia payment and financing methods.
Bear in mind that the exact content of the Services available at any time may vary according to country.
As a User, you are fully responsible for your conduct when accessing the information on the Website and, where applicable, the App, during and after browsing on or using them. You agree not to use the content that Zinia makes available to you, regardless of whether or not it has been created by Zinia or has been officially published in its name, to carry out illegal or immoral activities, or that infringe public order.
Furthermore, you agree to refrain from: (i) uploading, publishing or sharing content of an unlawful, fraudulent, abusive, threatening, offensive or criminal nature (such as discrimination on the grounds of race, religion or gender, or that contains child pornography or unlawful depictions of violence); (ii) sharing content that contains viruses, Trojan horses, spyware, adware, malware or any other harmful or damaging program; (iii) distributing unsolicited advertising (spam) or engaging in any other form of harassment. You shall be exclusively liable for any content that you do upload, publish or share and shall compensate and deem Zinia to be exempt from any liability, damages or costs that may arise as result of publishing or sharing said content, including in the event of third-party claims against Zinia.
Zinia reserves the right, without obligation, to monitor, review, adjust, deactivate or remove content at its own discretion without notifying you or any third party. In addition, Zinia reserves the right to withdraw or deny access to the Website and the App, without prior notice, to Users who fail to comply with these General Terms and Conditions or the corresponding Specific Terms and Conditions in each case.
2.1 Account creation and/or activation
If you decide to register and create an Account, you may access the private area of the Zinia Website or App. The creation of an Account is ancillary and voluntary, except in cases in which we ask you to create an Account in order to resolve any issue related to the Services or your payment method. To create an Account, you must complete the registration process, including providing your telephone number and email address. You will only need to complete this registration process once, after which you can log in whenever you want, identifying yourself with your telephone number or email address and your unique passcode.
Bear in mind that if you have made a purchase and selected the Zinia payments and lending methods, we will create your Account. In order to activate the Account, you must complete the registration process by verifying your details. The activation of the Account is ancillary and voluntary.
As a Registered User or Registered Customer, you are exclusively responsible for the correct safeguarding and strict confidentiality of your passcodes, login details and any other element provided to you by Zinia, and you undertake not to transfer use of them to any third party, either temporarily or permanently. Furthermore, you are responsible for the use of the Services by unauthorised third parties using the telephone number or email address associated with your Account.
Finally, it is your obligation to immediately inform Zinia in writing, via the email address info.de@zinia.com, of any event that allows or may allow the improper use of your passcodes, including, but not limited to, theft, loss or other similar circumstances. Unless Zinia is notified in writing and in an irrefutable manner of such events in the terms indicated above, Zinia shall be exempt from any liability that may arise from the improper, fraudulent, culpable or harmful use of such passcodes and/or electronic signatures.
2.2 Account closure
You can close your Account on the Zinia Website or App whenever you want. You can also close your Account by contacting our Customer Service department (see Section 12: Contacting Zinia). Please note that Zinia may continue to process your personal data for purposes that may continue after closure of your Account (e.g., managing pending payments). Should you wish to exercise your right to erasure of your personal data, Zinia will fulfil said right, upon receipt of your request, in accordance with the applicable legislation, as provided for in the Zinia Privacy Policy.
Zinia reserves the right to close or deny access to your Account at any time if you fail to comply with these Terms and Conditions or the Specific Terms and Conditions, where applicable.
2.3 Data retention period
Zinia reserves the right to store data regarding the purchases and transactions you’ve made via the Website and/or App for the period of time required for it to meet its obligations under these Terms and Conditions or as so required by law.
3. What are your obligations?
Any information you provide Zinia, whether relating to the creation or use of the Account, or to the payment and/or financing methods, etc., shall be accurate and up to date, and you shall use your real identity. Bear in mind that Zinia shall deem any use of false, inaccurate or misleading information or any information that you are not authorised to use, as improper use. Any evidence relating to improper use of the information or the Services may be stored and used for future risk assessments and for the protection of the parties involved.
What’s more, Zinia reserves the right to block its Services from further use. If you upload, import or share content to and with Zinia, like images, texts, receipts, product and/or service and delivery information, or any other content, you grant Zinia the right, without limits, to use and display said content for purposes of performing the Services. In any case, you shall be responsible for any content that you upload or share with Zinia.
As a Registered User or Registered Customer, you are solely responsible for keeping your contact details up to date and for ensuring that Zinia has your up-to-date postal address, email address and telephone number at all times so that it can contact you by said means if required. For further information on how to update your email address and/or telephone number, see “Section 8: How does Zinia process your personal data” of these Terms and Conditions.
4. Third-party services
Some of the Services you use may include features or services provided by a third party. When you use features that depend on third-party services, you consent to Zinia using such services on your behalf. Furthermore, you may have to register on the app store before downloading the App. Zinia has no involvement whatsoever in the collecting, processing and use of personal data by the respective app store platforms.
5. What is the extent of Zinia’s liability?
Zinia shall not be liable for any damage or harm caused as a result of your failure to comply with the provisions established in these Terms and Conditions, particularly, any non-compliance with the limitations or obligations set out herein regarding use of the Services of the Website and App.
Zinia shall not be liable for any damage or loss that may arise from errors relating to access or use of the Website or App or its Services or content, including any temporary unavailability of them. Zinia, however, undertakes to do all it can to avoid such errors and to provide any clarification that may be required.
Zinia shall not be liable for any damage or loss that arises from computer viruses, cyber-attacks or any other tampering relating to your, Zinia’s or the store’s devices or systems. Furthermore, Zinia shall not be liable for any loss of business, profits or data, or any indirect, incidental, special or consequential damage, no matter the cause, due to accessing or using the Services.
Important: the information Zinia provides on its Website and App is for information purposes and to facilitate compliance with your contractual obligations. Zinia guarantees the veracity and accuracy of the information. However, the information should be construed neither as a recommendation nor as legal, fiscal, financial, investment or technical advice, nor does it constitute an offer or a guarantee of the services, unless specified as such. It should not be construed as a proposal to undertake transactions and should not be used as a basis for your financial decisions. Zinia shall not be liable for any use the information is put to.
6. What’s Zinia’s liability regarding third-party links and websites?
Zinia has no control over the content of third-party websites linked to the Website or App and, therefore, shall not be held liable for such content.
Zinia shall not be liable for any loss, claim or damage that arises as a result of the use or misuse of links to third-party websites or any information provided on them. These links do not in any way imply that there is a relationship, collaboration or dependence relating to Zinia and the owner of the corresponding third-party website.
Should it come to Zinia’s attention that the activity or information available through such links is illegal, constitutes a crime or may have a negative impact on the property or rights of third parties, Zinia shall act with the necessary diligence to remove or disable such links as soon as possible.
7. Intellectual and industrial property
The entire Website and App is subject to national, EU and international copyright and intellectual property legislation. As a User, you acknowledge and accept that all trademarks, trade names and distinctive signs, as well as all industrial and intellectual property rights over the content and/or any other element included on the Website and App, are the exclusive property of Open Bank, S.A., Grupo Santander subsidiaries and/or of third parties that have authorised Open Bank S.A., to use them. Under no circumstance whatsoever does access to the Website and/or App imply any kind of waiver, transmission, licence or total or partial transfer of these rights, unless expressly stated otherwise. All reproduction rights are reserved, including iconographic and photographic representations. Reproduction of all or part of the contents of this Website or App in any medium whatsoever is strictly forbidden without the prior express written authorisation of Zinia.
8. How does Zinia process your personal data?
Zinia – as data controller – shall process your personal data in accordance with the current applicable legal provisions in order to meet its obligations under this Agreement and to identify you and undertake customer management for fraud prevention purposes, and to answer any queries you may have and to send you marketing, among others.
For further information about the data processing carried out by Zinia, the purpose of said processing and the corresponding legal grounds, the data categories processed, the recipients of the data and their origin, and the corresponding data retention periods, as well as your data protection rights and those granted to you by law, see the Zinia Privacy Policy.
You can exercise your rights of access, portability, rectification, erasure, objection and data processing limitation, as well as your right not to be subject to exclusively automated decision-making, at any time by contacting us through the following channels:
• Email address: datenschutz.de@zinia.com.
• Postal address: Privacy, Open Bank, S.A., Plaza Santa Bárbara 2, 28004 Madrid, Spain.
• Location: Plaza Santa Bárbara 2, 28004 Madrid, Spain.
• Telephone number: +49 216 1621 0029.
Finally, you can submit a claim or complaint to Zinia and/or the Spanish Data Protection Agency (AEPD), particularly if you believe that the exercising of your rights has not been handled satisfactorily, by writing to the above-mentioned address or via the website: www.aepd.es. In the event you reside in a member state other than Spain, you can contact the data protection agency in your country.
By using, accessing, browsing and viewing the content of the Zinia Website, you acknowledge that you have read and understand the Zinia Privacy Policy and Cookie Policy.
9. How does Zinia use cookies?
Zinia uses both its own and third-party cookies when you browse the Website and App, which you can configure as you see fit. Please see the Zinia Cookie Policy to find out how Zinia manages its own and third-party cookies.
10. Electronic communications
When registering on the Zinia Website and/or App and agreeing to abide by these Terms and Conditions, you agree that communications between you and Zinia shall mainly be carried out via electronic means. Therefore, when applicable, communications relating to payment instructions and payment terms, as well as communications required by law and any other, shall be made electronically (via the Website, the App and the email address you provided Zinia with, etc.).
In addition, when applicable, Zinia can also send you communications via other means, including by post, etc. Given that these communications relate to contractual or legal requirements, you cannot object to them being sent to you.
11. Assignment
You shall not assign or transfer any right or obligation you have under these Terms and Conditions. Insofar as permitted by the applicable law, Zinia may transfer or assign this Agreement or any right or obligation under it at any time to a third party, provided that such assignment does not have a negative impact on your rights and obligations. By accepting these Terms and Conditions, you consent to the possibility that they may be assigned or transferred. Upon said assignment or transfer of this Agreement or any right or obligation under it, you will receive a notification informing you that such assignment or transfer has taken place, and you will be entitled to terminate this Agreement, where appropriate.
12. Contacting Zinia
You can contact our Customer Service department by:
- Calling +49 216 1621 0029 from 9:00 a.m. to 5 p.m., Monday to Friday (excluding national public holidays).
- Sending an email to info.de@zinia.com.
Zinia is committed to informing you of the status of your request within a period of 48 business hours.
12.1 Claims and Customer Service Department
If the response received from the Customer Service department is unsatisfactory, you can contact our Claims and Customer Service Department.
Claims and Customer Service Department
Postal address:
Apartado de Correos 35.250
28080 – Madrid
Email address: santander_reclamaciones@gruposantander.es
12.2 Office of the Customer Ombudsman
The Office of the Customer Ombudsman is an independent body that the Santander Group adheres to. You can submit a claim or complaint to the Customer Ombudsman by writing to:
Mr José Luis Gómez-Dégano y Ceballos-Zuñiga
Apartado de Correos 14019
28080 Madrid
12.3 Claims Service of the Bank of Spain
Once the claim or complaint has been filed with the Claims and Customer Service Department or with the Office of the Customer Ombudsman, if the response has not been satisfactory or if a period of one month has elapsed since the claim or complaint was filed without having received a response, you may contact the Claims Service of the Bank of Spain.
Servicio de Reclamaciones del Banco de España
Calle Alcalá 48, 28014 Madrid
Click here to access the virtual office of the Bank of Spain.
Before submitting your claim or complaint to the Claim Service of the Bank of Spain Complaints Service, we remind you that current regulations require customers to prove that they have previously contacted Openbank’s Customer Service Department or the Office of the Customer Ombudsman of the Santander Group, which acts independently in relation to the principles and guidelines it applies in exercising its duties.
12.4 Complaints forms
Complaint forms are available online and at our offices:
Paseo de la Castellana, 134, 28046 – Madrid
Plaza de Santa Bárbara, 2, 28004 – Madrid
Additionally, you can download and submit complaint forms using the following link:
https://tramita.comunidad.madrid/denuncias-reclamaciones-recursos/reclamaciones-denuncias-consumo
In compliance with the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, the following is a link to the online dispute resolution platform set up by the European Commission, which you can use to resolve any discrepancy or dispute in relation to services provided online http://ec.europa.eu/odr.
13. Term of validity of this Agreement?
As a User, these Terms and Conditions shall remain in force while you use, access, browse and/or view the content of the Website. If you are a Registered User or Registered Customer, these Terms and Conditions shall be valid for an indefinite period of time. However, each party (you and Zinia) may terminate them at any time. Unless otherwise agreed, these Terms and Conditions shall terminate when you close your Account.
14. Language and applicable legislation and jurisdiction
These Terms and Conditions, as well as other related documents and policies, have been drawn up in German. Communications between you and Zinia arising from our relationship shall be in German.
These Terms and Conditions are governed by German law, unless imperative law or legislation of another applicable jurisdiction takes precedence. Should any of the provisions herein be declared to be totally or partially null and void or ineffective, all other provisions shall remain valid and in force unless specifically declared otherwise.
Any dispute that may arise regarding the application, compliance or interpretation of these Terms and Conditions shall be submitted to the courts and tribunals of Germany. In the event you are considered a consumer under the law of the member state where you live, such dispute may also be subject to the jurisdiction of the courts with appropriate authority in said country.
In the event of any dispute regarding or discrepancy between the German and English versions of these Terms and Conditions, the German version shall take precedence.
15. Changes to the Website and/or App
Zinia reserves the right to make any changes it deems necessary to the Website and App, as well as to update the information contained therein and the configuration, presentation and conditions of access, without prior notice.
Access to or use of the Website and App following the update of these Terms and Conditions constitutes acceptance of the updated version.
Last update: February 2024
These Specific Terms and Conditions (hereinafter referred to as, the “Terms and Conditions”) constitute an agreement between you (hereinafter, also referred to as, the “Customer”) and the store when you buy or engage goods or services through its website or point of sale/Click & Collect, and select the Zinia “Buy Now, Pay Later in 30 days” payment method (hereinafter, “Pay in 30 days”). Therefore, when you register for Pay in 30 days, you shall accept these Terms and Conditions and, therefore, you shall enter into an agreement with the store (hereinafter, the “Agreement”). Pay in 30 days is provided by the store in cooperation with Zinia. For more information about Zinia and other related aspects, please read the General Terms and Conditions.
You are hereby informed that once Pay in 30 days is chosen, the credit right derived from your purchase shall be transferred to Zinia. Therefore, after acceptance of your purchase request, the rights associated with the amount you owe based on your request, shall be transferred from the Store to Zinia. This means that once you have chosen the payment method and Zinia has accepted your request, you will only be able to pay Zinia – payment made to any third party, including the store, shall not release you from your payment obligation to Zinia. In other words, in the event you make the full order payment to a third party, you will still have to meet your obligation to Zinia and pay it the full order amount.
You shall only be offered the Pay-in-30-days payment method after your creditworthiness has been studied. Should it not be possible to offer you the Pay-in-30-days payment method due to your credit rating or any other reason, the store will offer you other payment methods, which you can either accept or, conversely, cancel the order.
You acknowledge that you will have to accept the current version of these Terms and Conditions, in addition to the General Terms and Conditions, before using Pay in 30 days.
You can access the latest version of these Specific Terms and Conditions and of the General Terms and Conditions at any time on the Zinia website and app. You can also download these Specific Terms and Conditions here.
1. What does Pay in 30 days offer?
Pay in 30 days is a payment method that offers you the opportunity to pay for your purchase through an online or physical store within thirty (30) days. If you make your purchase at a physical point of sale (PoS) or via Click & Collect, the 30-day payment period will start after your order has been processed. If you make your purchase via a store’s website or app, the 30-day payment period will start after the store has shipped your order. Once the store has informed Zinia that your order has been processed or shipped, Zinia will send you the payment instructions so that you can pay Zinia directly for the purchase. Please note that in the event you change the delivery address after Zinia has accepted your request, Zinia will automatically cancel the transaction and notify the store of such cancellation.
You can also pay for your purchase by bank transfer. In this case, Zinia will notify you of the payment due date and provide you with payment instructions by email and/or SMS. You can also find this information in your My Zinia – Customer account on the website or app.
Zinia reserves the right - insofar as it is permitted by law – not to refund any payment or cost in connection with the return of your order. By using Pay in 30 days, you hereby declare that:
- You have not requested any suspension of payments.
- You have neither been declared bankrupt nor are you expecting to file for bankruptcy in the near future; nor are you in default regarding any debt repayments.
- You have not at any time obtained authorisation for the process or mediation in accordance with the applicable local regulations. You are not under administration, custody or guardianship, or in any similar situation.
- You are eighteen (18) years old or over and you have sufficient capacity to enter into a legally binding agreement or that someone with sufficient capacity has the authorisation to legally act for you and on your behalf.
- You agree to fully meet the payment obligations arising from your order in a timely manner by paying Zinia.
2. What happens if you return or cancel the purchase?
If you decide to cancel or return any of the items or services purchased or engaged through Pay in 30 days, you must arrange the return or cancellation directly with the store, ensuring that the items or services are returned in accordance with the store’s return policy or instructions, or, where relevant, the applicable legislation. Once the store informs us that the items or services have been returned or cancelled, Zinia will cancel the amount due.
If you decide to return or cancel part of your purchase, you will only have to pay the amount relating to the items and/or services you want to keep. If you return or cancel the entire order, Zinia will cancel the corresponding amount.
3. How much does Pay in 30 days cost?
Provided you pay the amount you owe within thirty (30) days, as stated in the payment instructions that will be sent to you, you will not be charged anything for using the Pay-in-30-days payment method.
However, should you fail to pay within the 30-day period, the debt owed shall be immediately claimable and you shall be deemed to be in default.
You are hereby informed that as from the date you are deemed to be in default, Zinia shall be entitled to apply interest, calculated at the statutory monthly interest rate, on the amount you owe, as well as administration fees relating to the payment reminders sent by Zinia, pursuant to the applicable legislation in force. Zinia shall be entitled to charge you all reasonable costs, both judicial and extra-judicial.
- If the payment is not received after the stated 30-day period, different communications will be sent via email and SMS. Zinia will charge you €1.20 for each reminder sent to you (maximum of three chargeable communications).
- If you do not pay to Zinia after the required period, your invoice shall be assigned to a specialist collection company that will charge you its own rates.
4. How are your personal data processed?
4.1 How does the store process your personal data?
The store will process your personal data to (i) adequately execute, perform and maintain this Agreement; (ii) comply with statutory provisions it is subject to, such as requests for information from individual authorities; and, to (iii) meet its legitimate interest, among others, relating to the prevention of fraudulent activities and to protect you from possible fraud or to conduct satisfaction surveys.
For further information on your personal data and privacy rights, read the privacy policy of the store on its website.
By using Pay in 30 days, you acknowledge that you have read the store’s privacy policy.
4.2 How does Zinia process your personal data?
Zinia shall process your personal data to (i) adequately execute, perform and maintain this Agreement; (ii) comply with statutory provisions it is subject to, such as requests for information from individual authorities; and, to (iii) meet its legitimate interest, among others, relating to the prevention of fraudulent activities and to protect you from possible fraud or to conduct satisfaction surveys.
Some of the aforementioned processing activities are performed by Zinia through automated decisions that may significantly affect you. These include the following: data profiling based on the legitimate interest of Zinia to assess whether your use of the Zinia services is associated with a risk of fraud; to adequately execute and perform the Agreement; to study your creditworthiness to ascertain your solvency; and to predict whether or not you can afford to pay for the items ordered in order to avoid possible non-payment of the debt. In all these cases, Zinia shall comply with the procedures, rights and guarantees applicable under current legislation. For further information about automated individual decision-making and information about your right to object to automated decisions that may have legal consequences or decisions that may negatively affect you, please read the Zinia Privacy Policy.
Zinia shall obtain your personal data from third parties, such as the store where you make your purchase, credit agencies, third-party databases (such as CRIF or SCHUFA), social media platforms or publicly available sources. The data obtained from these external sources may include: contact and identification data; economic, financial and insurance data; data on the goods and services purchased; device data; data about your personal characteristics; and data about politically exposed persons and sanctions lists.
For further information about your personal data and privacy rights, please read the Zinia Privacy Policy.
By using Pay in 30 days, you acknowledge that you have read the Zinia Privacy Policy.
5. Claims and complaints
Should any dispute arise between you and the store, you must file a claim or complaint directly with the store where you made the purchase. However, Zinia commits to facilitating communication between you and the store in order to resolve any disputes that may arise. Furthermore, Zinia has a complaints procedure that you can access. Please note that the outcome of any dispute with any store shall not affect the rights and remedies that Zinia may exercise to obtain fulfilment of your payment obligations. What’s more, responsibility for general customer inquiries (e.g., concerning the goods/services, delivery period or shipping, etc.), returns, complaints or other guarantee-claim settlements shall not change as a result your claim or complaint being transferred to Zinia, and, therefore, the store where you placed your order shall remain responsible for the foregoing.
In the event of any dispute regarding or discrepancy between the German and the English version of these Terms and Conditions, the German version shall take precedence.
For further information about the Zinia claims and complaints procedure and about its customer service, please read the General Terms and Conditions.
To download these Specific Terms and Conditions, click here.
Last update: November 2022
These Specific Terms and Conditions (hereinafter referred to as, the “Terms and Conditions”) constitute an agreement between you (hereinafter, also referred to as, the “Customer”) and the store where you buy or engage goods or services through its website or point of sale/Click & Collect, and select the Zinia “Buy Now, Pay Later in up to 36 instalments” (hereinafter, “Pay in up to 36 instalments”). Therefore, when you register for Pay in up to 36 instalments, you shall accept these Terms and Conditions and, therefore, you shall enter into an Agreement with the store (hereinafter, the “Agreement”). Pay in up to 36 instalments is provided by the store in cooperation with Zinia. For more information about Zinia and other related aspects, please read the General Terms and Conditions.
You are hereby informed that once Pay in up to 36 instalments is chosen, the credit right derived from your purchase shall be transferred to Zinia. Therefore, after acceptance of your purchase request, the rights associated with the amount you owe based on your request shall be transferred from the store to Zinia. This means that once you have chosen the payment method and Zinia has accepted your request, you will only be able to pay Zinia – payment made to any third party, including the store, shall not release you from your payment obligation to Zinia. In other words, in the event you make the full order payment to a third party, you will still have to meet your obligation to Zinia and the full order amount.
You shall only be offered the Pay-in-up-to-36-instalments payment method after your creditworthiness has been assessed. Should it not be possible to offer you Pay in up to 36 instalments due to your credit rating or any other reason, the store will offer you alternative payment methods, which you can either accept or, conversely, cancel the order.
You acknowledge that you will have to accept the current version of these Terms and Conditions, in addition to the General Terms and Conditions, before using Pay in up to 36 instalments.
You can access the latest version of these Terms and Conditions and the General Terms and Conditions at any time on the Zinia website and app. You can also download them here.
1. What does Pay in up to 36 instalments offer?
Pay in up to 36 instalments is a payment method that offers you the opportunity to pay for your purchase made on an online store or point of sale/Click&Collect in several instalments (e.g., in 3, 6, 12, 18, 24, 36 instalments, etc.), depending on the amount of your purchase and the criteria established by the shop. The first instalment will be due on the 30th calendar day after the day on which your order was processed (for purchases at point of sale and/or Click&Collect) or was sent for delivery (for purchases through the online store or app). Each of the following instalments will be due on the corresponding calendar day of the following month (for example, delivery date on 8 April 2022; 1st instalment due on 8 May 2022; subsequent payments on the 8th of the following months).
The store will inform Zinia when the order is processed/shipped, and Zinia will send you the payment instructions so that you can pay Zinia directly for your purchase.
Please note that for purchases made through the online store or app, if you change the delivery address once your request/application has been accepted by Zinia, Zinia may automatically cancel this transaction and inform the shop accordingly.
Zinia reserves the right - insofar as it is permitted by law - not to refund any payment or cost in connection with the return of your order.
By using Pay in up to 36 instalments, you hereby declare that:
- You have not requested any suspension of payments.
- You have neither been declared bankrupt nor are you expecting to file for bankruptcy in the near future; nor are you in default regarding any debt repayments.
- You have not at any time obtained authorisation for the process or mediation in accordance with the applicable local regulations.
- You are not under administration, custody or guardianship, or in any similar situation.
- You are eighteen (18) years of age or older and you have sufficient capacity to enter into a legally binding agreement or that someone with sufficient capacity has the authorisation to legally act for you and on your behalf.
- You agree to fully meet the payment obligations arising from your order in a timely manner by paying Zinia.
2. What happens if you return or cancel the purchase?
If you decide to cancel or return any of the items purchased through Pay in up to 36 instalments, you must arrange the return or cancellation directly with the store, ensuring that the items are returned in accordance with the store’s return policy or instructions, or, where relevant, the applicable legislation. Once the store informs us that the items have been returned or cancelled, Zinia will cancel the amount due.
If you decide to return or cancel part of your purchase, you will only have to pay the amount relating to the items you want to keep. If you return or cancel the entire order, Zinia will cancel the corresponding amount.
3. What happens with overpayments?
If you pay more than the monthly amount due as stated in the payment instructions sent to you (“overpayment”), Zinia will adjust the amount of the instalments; however, the number of instalments still to be paid will remain unchanged.
4. How much does Pay in up to 36 instalments cost?
Provided you pay the instalments as stated in the payment instructions that will be sent to you, you will not be charged anything for using Pay in up to 36 instalments.
However, should you fail to pay any of the required instalments to Zinia on time, the debt owed shall be immediately claimable and you shall be deemed to be in default.
You are hereby informed that as from the date you are deemed to be in default, Zinia shall be entitled to apply interest, calculated at the statutory monthly interest rate, on the amount you owe, as well as administration fees relating to the payment reminders sent by Zinia, pursuant to the applicable legislation in force. Zinia shall be entitled to charge you all reasonable costs, both judicial and extra-judicial.
- If any of the instalments are not paid on time, different communications will be sent via email and SMS. Zinia will charge you €1.20 for each reminder sent to you (with a maximum of three (3) chargeable reminders). Please note that in such case, the additional costs charged for each reminder will be added to the remaining instalments.
- Your instalment plan may be terminated if you default under the following conditions: (i) you fully or partially defaulted on at least 2 consecutive instalments and on at least 10% of the total nominal value and (ii) you were given a 2-week grace period to settle these outstanding payments with the explanation that your entire remaining debt will be due in case of non-payment.
- If you do not pay any of your instalments to Zinia after the established periods as informed in the different communications, your invoice will be assigned to a specialist collection company that will charge you its own rates.
5. How are your personal data processed?
5.1 How does the store process your personal data?
The store will process your personal data to (i) adequately execute perform and maintain this Agreement; (ii) comply with statutory provisions it is subject to, such as requests for information from individual authorities; and, to (iii) meet its legitimate interest, among others, relating to the prevention of fraudulent activities and to protect you from possible fraud or to conduct satisfaction surveys.
For further information on your personal data and privacy rights, read the store’s privacy policy on its website.
By using Pay in up to 36 instalments, you acknowledge that you have read the store’s privacy policy.
5.2 How does Zinia process your personal data?
Zinia shall process your personal data to (i) adequately execute, perform and maintain this Agreement; (ii) comply with statutory provisions it is subject to, such as requests for information from individual authorities; and, to (iii) meet its legitimate interest, among others, relating to the prevention of fraudulent activities and to protect you from possible fraud or to conduct satisfaction surveys.
Some of the aforementioned processing activities are performed by Zinia through automated decisions that may significantly affect you. These include the following: data profiling based on the legitimate interest of Zinia to assess whether your use of the Zinia services is associated with a risk of fraud; to adequately execute and perform the Agreement; to study your creditworthiness to ascertain your solvency; and to predict whether or not you can afford to pay for the items ordered in order to avoid possible non-payment of the debt. In all these cases, Zinia shall comply with the procedures, rights and guarantees applicable under current legislation. For further information about automated individual decision-making and information about your right to object to automated decisions that may have legal consequences or decisions that may negatively affect you, please read the Zinia Privacy Policy.
Zinia shall obtain your personal data from third parties, such as the store where you make your purchase, credit agencies, third-party databases (such as CRIF or SCHUFA), social media platforms or publicly available sources. The data obtained from these external sources may include: contact and identification data; economic, financial and insurance data; data on the goods and services purchased; device data; data about your personal characteristics; and data about politically exposed persons and sanctions lists.
For further information about your personal data and privacy rights, please read the Zinia Privacy Policy.
By using Pay in up to 36 instalments, you acknowledge that you have read the Zinia Privacy Policy.
6. Claims and Complaints
Should any dispute arise between you and the store, you must file a claim or complaint directly with the store where you made the purchase. However, Zinia commits to facilitating communication between you and the store in order to resolve any disputes that may arise. Furthermore, Zinia has a complaints procedure that you can access. Please note that the outcome of any dispute with any store shall not affect the rights and remedies that Zinia may exercise to obtain fulfilment of your payment obligations. What’s more, responsibility for general customer enquiries (e.g., concerning the goods/services, delivery period or shipping, etc.), returns, complaints or other guarantee-claim settlements shall not change as a result your claim or complaint being transferred to Zinia, and, therefore, the store where you placed your order shall remain responsible for the foregoing.
In the event of any dispute regarding or discrepancy between the German and the English version of these Terms and Conditions, the German version shall take precedence.
For further information about the Zinia claims and complaints procedure and about its customer service, please click here. You can also find this information in our General Terms and Conditions.
Last update: September 2023
1. General information
These Zinia General Terms and Conditions (hereinafter referred to as, the “Terms and Conditions”) constitute an agreement (hereinafter, the “Agreement”) between Open Bank, S.A., (hereinafter, “Openbank” or “Zinia” (its trade name)) and you (hereinafter also referred to as the “Merchant”) to govern the rights and obligations applicable when using specific assets belonging to Openbank, any subsidiary of the Santander Group (hereinafter, “Affiliates”), and/or third parties that have authorised Openbank to use them, which are defined, for the purposes of these Terms and Conditions, as “Zinia Materials”. Zinia Materials include, but are not limited to, any application programming interfaces (APIs), Zinia trade names, trademarks, logos, data, tool information, part-payment widget, modules, SDKs, databases, domain names or any other distinctive asset belonging to Openbank and/or authorised to Zinia by a third party that you (as the merchant) are provided with for use under these Terms and Conditions. By using Zinia Materials, you acknowledge that you have read, understood and accept these Terms and Conditions. Zinia reserves the right to change these Terms and Conditions at any time and it is your responsibility to keep yourself up to date as regards any changes to them. The latest version of these Terms and Conditions will always be available here.
If you have a business account with Zinia, you shall be exclusively liable for the correct use of (i) your My Zinia - Business passcodes, and of (ii) all the tools provided on My Zinia - Business.
In the event of a security breach that could affect My Zinia – Business, available on the Zinia website (hereinafter, the “Website”), and/or the correct offering of any service provided by Zinia, as established in the agreement between you and Zinia (hereinafter, the “Agreement”), you shall notify Zinia of the corresponding breach as soon as possible and, in any case, no later than two (2) business days from the moment you become aware of it.
2. Intellectual property rights
The trademarks and other distinctive signs of Zinia may only be used by you exclusively in connection with the activities that constitute the purpose of this document, with the prior written consent of Openbank.
Authorisation to use trademarks and other distinctive signs shall under no circumstance imply a transfer of them between you and Openbank. You acknowledge that Openbank or, where applicable, Affiliates, continue to be the exclusive owners of the trademarks and of all the corresponding industrial and intellectual property rights relating to them.
Openbank shall grant its prior express and written consent for any use through any medium in which the collaboration is advertised when its logos, trademarks, company names, images and any other distinctive sign or technical creation belonging to Openbank or, where appropriate, Affiliates, appear.
You shall not assign any licence granted to you to third parties or grant sub-licences. Furthermore, you shall not sell, transfer, dispose of or encumber in any way any Openbank or Affiliate trademark or distinctive sign.
You undertake to follow the instructions issued by Openbank while using the Zinia trademark. In this regard, you agree to compensate Openbank or, where appropriate, Affiliates, for any claim to which they are subject for infringement of intellectual or industrial property rights, provided that said infringement is due to your improper or negligent use.
Both you and Openbank guarantee that collaboration materials shall not include items belonging to third parties that may infringe pre-existing industrial or intellectual property rights.
Openbank shall not be held liable in the event that the obligations and rights arising from this Agreement in any way contravene or infringe any contract or agreement between you and third parties. In this regard, you guarantee that you have not signed and shall not sign, during the term of validity of your Agreement with Openbank, any agreement or contract that may bring about such effect.
Zinia Materials may be protected by copyright, trademarks and service marks and/or other proprietary rights under the applicable Spanish legislation, as well as other jurisdictions. You agree to fully comply with these Terms and Conditions and all applicable intellectual and industrial proprietary right laws and other legislation, as well as any additional copyright notices or restrictions contained in these Terms and Conditions. You shall not be entitled to claim ownership of or publish, copy, assign, transfer, license or otherwise dispose of the intellectual or industrial property rights to the source code or call structure of any Zinia Materials. Openbank or, where appropriate, Affiliates, own all rights, titles and interest to Zinia Materials.
3. Specific terms of use
On acceptance of these Terms and Conditions, you shall be exclusively granted a limited, personal, non-transferable, temporary, revocable right and licence to use the Zinia Materials for your internal business purposes and for the functions set out in the Zinia instructions, documentation and/or Agreement. You may only use Zinia Materials in accordance with Zinia’s instructions and documentation. It is your responsibility to ensure that you are aware of the applicable instructions and documentation at all times. If you are not sure whether or not you are up to date with regard to Zinia’s instructions and documentation, please contact Zinia.
Under no circumstance shall you use Zinia Materials for malicious purposes, including spreading computer viruses, worms, Trojan horses or any other form of malware through Zinia Materials and/or on the website where said materials are used.
Furthermore, you acknowledge and agree that Zinia, without having to obtain any specific approval in each case, is entitled to use any data that you submit, share or in any other way make available to Zinia. Zinia’s use of such data includes, but is not limited to, conducting processes to improve risk assessment and consumer experience.
Zinia has the right, at its own discretion, to restrict or limit usage of Zinia Materials at any time.
You give your consent to Zinia monitoring the use of Zinia Materials for the purpose of ensuring compliance with these Terms and Conditions and of ascertaining quality, detecting misuse and improving the products and services provided by Zinia.
Use of Zinia Materials is at your own risk. You shall be fully liable for any damage or loss of any kind arising from your use of any Zinia Materials. You shall comply at all times with all applicable legislation when using Zinia Materials and you shall not foster or encourage any illegal activity.
You acknowledge and accept that the open-source software provided by Zinia may have terms and conditions that take precedence over these Terms and Conditions.
4. Amendments and changes
Zinia has the right to make amendments both to Zinia Materials and to these Terms and Conditions at any time. This includes, but is not limited to, changes to the API and the API content. It shall be understood that you accept such changes by continuing to use the corresponding Zinia Materials after amendments or changes have been made. In the event you do not agree to the new or amended Terms and Conditions, you will be obligated to refrain from using Zinia Materials. Zinia may at any time and at its own discretion, withdraw approval or change the functionality of Zinia Materials. For the purpose of these Terms and Conditions, when any Zinia Materials are deemed to be obsolete, it shall mean that Zinia will no longer support or update either particular versions or specific functionalities. Zinia is in no way obliged to inform users about obsolete of version or functionalities.
5. Liability
Zinia, with regard to Zinia Materials and their use, shall under no circumstance whatsoever be liable for any damage and/or loss of any kind in connection with, or in any way relating to, the use of Zinia Materials.
In particular, under no circumstance whatsoever shall Zinia be liable for any direct, indirect, consequential, incidental, special, punitive or exemplary damage or harm – nor any compensation or damages relating to it – arising from, in connection with, or in any way relating to, the use of Zinia Materials, whether under contract law, tort (whether relating to negligence or strict liability) or any other legal or equitable theory, or any loss of profits or revenue, regardless of whether or not you knew or should have known of the possibility of such damage or harm. Zinia Materials are provided “as is” without any expressed or implied guarantee whatsoever. Zinia does not guarantee any specific availability, functionality, quality, security, title and/or non-infringement.
6. Personal data
All data you receive from Zinia shall be handled with due care and in accordance with applicable laws and/or with the provisions in the Agreement formalised between you and Zinia.
Unless a separate agreement exists between the parties that includes the transfer and processing of personal data, the following shall apply:
If personal data (as defined in Regulation (EU) 2016/679 (hereinafter, the “GDPR”)) are processed in the use of Zinia Materials, you shall comply with the applicable data protection legislation and ensure that you have sufficient legal grounds to process such personal data. In the event Zinia is deemed to be the controller of such personal data, you agree not to use said data until you have entered into a Data Processing Agreement with Zinia.
Transfer of personal data outside of the EU/EES is forbidden insofar as Zinia is deemed to be the controller of such data.
7. Term of Validity and Termination
Zinia may terminate these Terms and Conditions at any time and it shall notify you of such termination. Upon termination of these Terms and Conditions, you shall cease using Zinia Materials. These Terms and Conditions are valid until further notice by Zinia and they shall apply to you for as long as you use Zinia Materials and/or for as long as you have any remaining obligations under these Terms and Conditions and/or the Agreement.
If your Agreement or business account with Zinia is terminated or closed, you shall, unless otherwise agreed, refrain from using Zinia Materials as of such termination or account closure.
8. Indemnity
You shall indemnify and exempt Zinia and its affiliates, officers, directors and employees from all liability regarding third-party claims and/or any loss/damage of any kind arising from the use of Zinia Materials.
9. Severability
The invalidity or unenforceability of any provisions of these Terms and Conditions shall not affect the validity or enforceability of any other provision herein, which shall remain in full force and effect.
10. Applicable legislation
These Terms and Conditions are governed by Spanish law.
Any dispute, controversy or claim arising from or in connection with these Terms and Conditions, including any breach, termination, interpretation or invalidity thereof, shall be resolved by the courts and tribunals of Madrid (Spain).
In the event of any dispute regarding or discrepancy between the German and English versions of these Terms and Conditions, the German version shall take precedence.
Last updated: January 2024