Terms and Conditions
- General Terms and Conditions for Customers
- Specific Terms and Conditions - Pay in 14 days
- Specific Terms and Conditions - Pay in 3 instalments
- General Terms and Conditions for Merchants
These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) represent an Agreement (hereinafter, the “Agreement”) between you (as the customer) and Zinia regarding the services and features available on the Zinia website (hereinafter, the “Website”) and/or on the Zinia app (hereinafter, the “App”).
You acknowledge that prior to using the services and features on the Zinia Website or App (hereinafter, the “Services”), you must accept the current version of these Terms and Conditions and to create a User Account (hereinafter, the “Account”).
You can access the latest version of these Terms and Conditions at any time via the Website or App. You can also download them by clicking here.
Bear in mind that when you purchase goods and/or services at a physical or online store and select Zinia as the payment method, you must accept, in addition to these Terms and Conditions, the Specific Terms and Conditions that contain information about the Zinia payment method chosen.
1. What is Zinia?
Zinia is a trademark registered by Open Bank, S.A., (hereinafter, “Openbank”). Openbank is a Spanish bank operating under the freedom-to-provide-services regime in the Netherlands. It is registered at the Trade Registry of Madrid in Volume 5308, Folio 202, Sheet M-87030 and at the Bank of Spain under registration number 0073.
The contact details for Zinia are as follows:
Name: Zinia (Open Bank, S.A.)
Spanish Tax number: A-28021079
Address: Plaza de Santa Bárbara 2, E-28004 Madrid
Email address: info.nl@zinia.com
Website: https://www.zinia.com/nl/
2. Zinia Website and App
Through the Zinia Website and App, you can access its Services, view your purchases and transactions, manage your payments and engage with Zinia, etc.
Some of the Services are automatically activated when you download the App or when you log in to the App or Website, while others have to be subsequently activated once you have logged in.
Zinia regularly updates the Website and App with new and improved features. The exact content of the Services available may differ according to country.
You can access the Website here and download the App from the corresponding app store (hereinafter, “App Store”).
As a Zinia Website or App user, you agree not to: (i) upload, publish or share content of an unlawful, fraudulent, abusive, threatening, offensive or criminal nature (such as agitation against ethnical groups, child pornography or unlawful depictions of violence) or that violates the rights of others; (ii) transmit content that contains viruses, Trojan horses, spyware, adware, malware or any other harmful or damaging program; (iii) distribute unsolicited advertising (spam) or engage 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.
Account closure
You can close your Account on the Zinia Website or App whenever you want. To do that, contact our Customer Service department (see Section 12: Contacting Zinia). Only Accounts with no outstanding debt of any nature with Zinia can be closed.
However, we may close your Account at any time and for any reason when we believe there are grounds to do so. These Terms and Conditions shall continue to apply until all debt due is received in full.
Data retention period
Zinia stores 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. As a part of the Services provided in accordance with these Terms and Conditions, Zinia allows you to access said data regarding your purchases and transactions on the Website and in the App.
3. Are there any costs associated with the Services?
Use of the Services is free of charge.
4. What are your obligations?
You shall provide Zinia with accurate and up to date information and use your real identity. Any use of false, inaccurate or misleading information or information that, for any reason, you are not authorised to use, or use of the Services in an unauthorised way, shall be deemed as improper use. Any data relating to improper use or suspected misuse may be stored and used for future risk assessments and for the protection of the parties involved.
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. Zinia reserves the right to remove any content uploaded or shared by you if Zinia is required to do so by law, or if it believes that said content is offensive, inappropriate or unlawful, or that infringes the rights of others or is otherwise objectionable.
In any case, you are liable for any content you upload to or share with Zinia. Furthermore, you acknowledge and agree that if you upload, import or share content that is deemed abusive, threatening or offensive, or that infringes the rights of third parties, or content that Zinia may reasonably assume breaches the law or your agreement with it, Zinia may close your Account and, therefore, prevent you from using the Website and App.
You are responsible for maintaining the security of your Account. Zinia shall not be liable for any unauthorised access and/ or use of your Account. You should contact our Customer Service department (see Section 12: Do you want to contact Zinia?) as soon as you become aware of any unauthorised access or use of your Account.
You are required to notify Zinia of any change of your postal address, email address and phone number. Unless such notification is received, it shall be deemed that you continue to live at the last address provided to Zinia and you shall remain liable for any outstanding amount, such as non-payment and extrajudicial collection costs. Notification of changes shall be sent to our Customer Service department (see Section 8: How does Zinia process your personal data?).
5. 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. The App is available at App Stores. You may have to register on the App Store before downloading the App. Zinia has no control whatsoever on the collection, processing and use of personal data by the respective App Store operators.
6. 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.
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.
7. 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 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.
8. How does Zinia process your personal data?
Zinia 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. To obtain further information about data processing, data sharing and your data protection rights, as well as how to put your questions and queries to Zinia or submit a claim to the relevant authorities, see the Zinia Privacy Policy.
You can exercise your rights of access, portability, rectification, erasure, objection and data processing limitation at any time by contacting us through the following channels:
- Website: in the “Personal details” section in your profile.
- Email address: privacy.nl@zinia.com.
- Postal address: Privacy, Open Bank, S.A., Plaza Santa Bárbara 2, 28004 Madrid, Spain.
- Location: Plaza Santa Bárbara 2, 28004 Madrid, Spain.
- Contact centre: +31 30 7007 909.
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. If you live in an EU member state other than Spain, you can also directly contact the data protection authority in that country.
By using the Zinia Services, you acknowledge that you have read and understand the Zinia Privacy 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
By accepting these Terms and Conditions, you agree that communications between you and Zinia shall mainly be carried out via electronic means. Therefore, 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, 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.
Please note that you are responsible for keeping your contact details up to date and for ensuring that Zinia has your current postal address, email address and mobile phone number, so that it can contact you electronically at any time. If you need to update your main email address or phone number, please see Section 8 (How does Zinia process your personal data?) in these Terms and Conditions for information on how to do it.
11. Assignment or transfer
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 these Terms and Conditions or any right or obligation under them at any time to a third party, including, but not limited to, a collection agency, provided that such transfer 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 transferred or assigned. Upon said transfer or assignment of these Terms and Conditions or any right or obligation under them, you will receive a notification informing you that such transfer or assignment has taken place, and you will be entitled to terminate these Terms and Conditions, where appropriate.
12. Contacting Zinia
You can contact our Customer Service department by:
- Calling +31 30 7007 909 from 9:00 a.m. to 5 p.m., Monday to Friday (excluding national public holidays).
- Sending an email to info.nl@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 the Claims and Customer Service Department of the Santander Group.
Claims and Customer Service Department
Postal address: Apartado de Correos 35.250, 28080 – Madrid
Email address: santander_reclamaciones@gruposantander.es
Fax number: +34 91 759 48 36
Telephone number: +34 91 276 21 54 or +34 900 22 32 42
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 compliant to the Customer Ombudsman by writing to:
Mr José Luis Gómez-Dégano y Ceballos-Zuñiga
Apartado de Correos 14019
28080 Madrid
Fax: +34 91 429 23 19
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.
Online: https://tramita.comunidad.madrid/denuncias-reclamaciones-recursos/reclamaciones-denuncias-consumo
Offices: Paseo de la Castellana, 134, 28046 – Madrid or Plaza de Santa Bárbara, 2, 28004 – Madrid
Telephone number for incidents: +34 900 22 32 42
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?
These Terms and Conditions are 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. However, in order to exercise this right, you must have no outstanding debt of any nature with Zinia.
As such, in order to terminate this Agreement to comply with these Terms and Conditions, you must first settle all outstanding payments and costs, where applicable, with Zinia.
For the purposes of the corresponding claim, this Agreement shall remain valid for as long as any debt relating to the use of the Services is outstanding.
14. Language and applicable legislation and jurisdiction
These Terms and Conditions, as well as other related documents and policies, have been drawn up in Dutch. Communications between you and Zinia arising from our relationship shall be in Dutch or English.
These Terms and Conditions are governed by Dutch 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 the Netherlands, unless you qualify as a consumer under the laws of the EU member state in which you live. In this case, proceedings may be brought within the jurisdiction of the competent courts and tribunals that have sufficient authority to hear them under the corresponding national law.
In the event of any dispute regarding or discrepancy between the Dutch and the English version of these Terms and Conditions, the Dutch version shall take precedence.
To download these General Terms and Conditions, click here.
Last update: December 2022
These Specific Terms and Conditions (hereinafter referred to as, the “Terms and Conditions”) constitute an agreement between you (as the customer) and the physical store where you buy or engage goods or services through the Zinia “Buy Now, Pay Later in 14 Days” payment method (hereinafter, “Pay in 14 days”). These Terms and Conditions also apply to purchases made through the website or point of sale/Click & Collect of the store. Therefore, when you register for Pay in 14 days, you shall accept these Terms and Conditions and, therefore, enter into an agreement with the store (hereinafter, the “Agreement”). Pay in 14 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 all claims arising from your Pay-in-14-days purchase shall be transferred to Zinia. Once you’ve chosen the Pay-in-14-days payment method, and once your request has been accepted, the store shall transfer rights on the amount you owe to Zinia. This means that once Zinia has accepted your order, 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 the full order amount.
You shall only be offered the Pay-in-14-days payment method after your creditworthiness has been studied. Should it not be possible to offer you the Pay-in-14-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 14 days.
You can access the latest version of these Terms and Conditions at any time on the Zinia website and app. You can also download them here.
1. What does Pay in 14 days offer?
Pay in 14 days is a payment method that offers you the opportunity to pay for your purchase made on the website of a Dutch store in fourteen days (14) as from the date the order is processed. If you make the purchase in-store at the point of sale or via Click & Collect, this payment method allows you to pay within 14 days as from the date the purchase is processed. The store will inform Zinia when the order has been processed or shipped and, subsequently, Zinia will send you payment instructions so you can directly pay Zinia for the order.
You can also pay for your purchase by iDEAL or by bank transfer. In this case, Zinia will notify you by email of the payment due date and provide you with payment instructions. You can also find this information by logging into your Zinia account on the website or app.
Bear in mind that if you make your purchase through the website or app of the store, and you change the delivery address after Zinia has accepted your request, Zinia may automatically cancel the order and notify the store of such cancelation.
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 14 days, you hereby declare that:
- There is no process ongoing to declare you to be in 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 are not involved in any proceedings or mediation in accordance with the Law on the Rescheduling of Debt of Natural Persons (WSNP);
- 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?
Purchases made through Pay in 14 days must be returned directly to the store (POS or website), ensuring that they 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, Zinia will cancel the full or partial amount due and refund you the corresponding sum, where applicable.
If you decide to return a part of your purchase, Zinia will adjust, accordingly, the payment pending (amount reduction) or refund the items you’ve already paid for that you don’t want to keep. If you return the entire order, Zinia will cancel and refund you the corresponding amount, where applicable.
3. How much does Pay in 14 days cost?
Provided you pay the amount you owe within the 14-day payment period, as stated in the payment instructions that will be sent to you, you will not be charged anything for using Pay in 14 days.
However, should you fail to pay within the 14-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 law on collection costs. Zinia shall be entitled to charge you all reasonable costs, both judicial and extra-judicial.
Here's how extrajudicial collection costs are charged:
- If payment is not received within the fourteen (14) day period, we will send you a reminder (three (3) days after the payment due date) by email, and Zinia will give you an additional fourteen (14) days to pay.
- If you fail to pay Zinia within this second payment due date of fourteen (14) days, we will send you a new reminder by email and/or SMS, and Zinia will give you an additional seven (7) days to pay. However, you will be charged a partial extrajudicial collection cost of €2.50.
- If you fail to pay Zinia within this additional seven (7) day period, we will send you a new reminder by email, SMS and/or letter, and Zinia will give you an additional seven (7) days to pay. However, you will be charged a second partial extrajudicial collection cost of €2.50, meaning the collection costs accrued at this point will be €5.00.
- If you fail to pay Zinia within the aforementioned period, we will hand your debt over to a specialist collection agency. In this case, extrajudicial collection costs will be charged in full. Please note that the maximum collection costs shall not exceed those specified in the Decree on compensation for extrajudicial collection costs.
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 14 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, 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 14 days, you acknowledge that you have read the Zinia Privacy Policy.
5. Claims and Complaints
Should any dispute arise between you and the store regarding your order, 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 Dutch and the English version of these Terms and Conditions, the Dutch 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 (as the customer) and the physical store where you buy or engage goods or services through the Zinia “Buy Now, Pay Later in 3 Instalments” payment method (hereinafter, “Pay in 3”). These Terms and Conditions also apply to purchases made through the website or point of sale/Click & Collect of the store. Therefore, when you register for Pay in 3, you shall accept these Terms and Conditions and, therefore, enter into an agreement with the store (hereinafter, the “Agreement”). Pay in 3 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 all claims arising from your Pay-in-3 purchase shall be transferred to Zinia. Once you’ve chosen the Pay-in-3 payment method, and once your request has been accepted, the store shall transfer rights on the amount you owe to Zinia. This means that once Zinia has accepted your order, 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 the full order amount.
You shall only be offered the Pay-in-3 payment method after your creditworthiness has been studied. Should it not be possible to offer you the Pay-in-3 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 3.
You can access the latest version of these Terms and Conditions at any time on the Zinia website and app. You can also download them here.
1. What does Pay in 3 offer?
Pay in 3 is a payment method that offers you the opportunity to pay for your purchase at a Dutch store in three (3) equal instalments. It also applies to purchases or orders made through the website and point of sale/Click & Collect of the store. The first instalment shall be paid on making the purchase. The second and third instalment, shall be paid 30 and 60 days, respectively, after the first instalment.
You can also pay for your purchase by iDEAL. In this case, Zinia will notify you of the instalment due dates and provide you with payment instructions by email and/or SMS. You can also find this information on the Zinia website or app.
Bear in mind that if you make your purchase through the website or app of the store, and you change the delivery address after Zinia has accepted your request, Zinia may automatically cancel the order and notify the store of such cancelation.
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 BNPL in 3, you hereby declare that:
- There is no process ongoing to declare you to be in 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 are not involved in any proceedings or mediation in accordance with the Law on the Rescheduling of Debt of Natural Persons (WSNP).
- 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?
Purchases made through Pay in 3 must be returned directly to the store (POS or website), ensuring that they 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, Zinia will cancel the full or partial amount due and refund you the corresponding sum, where applicable.
If you decide to return a part of your purchase, Zinia will adjust, accordingly, the payment pending (amount reduction) or refund the items you’ve already paid for that you don’t want to keep. If you return the entire order, Zinia will cancel and refund you the corresponding amount, where applicable.
3. How much does Pay in 3 cost?
Provided you pay the amount you owe within the payment periods, as stated in the payment instructions that will be sent to you, you will not be charged anything for using the BNPL-in-3 payment method.
However, should you fail to pay any instalment, whether it’s the second (30 days after the first instalment) or the third instalment (60 days after the first instalment), 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 law on collection costs. Zinia shall be entitled to charge you all reasonable costs, both judicial and extra-judicial.
Here's how extrajudicial collection costs are charged:
- If the second or third instalment is not made within the payment deadline sent to you, you will receive an email reminder and be given an extra fourteen (14) days to pay. At that time, no additional charges will apply. If the second or third payment is still not received within the aforementioned 14-day period, we will send you a new reminder by email and/or SMS, and Zinia will give you an additional seven (7) days to make the payment. However, a partial extrajudicial collection cost will be charged, which will depend on the amount owed:
- Debt up to and including €75: €3 will be charged.
- Debt between €75 and €200: €5 will be charged.
- Debt between €200 and €1,500; €7 will be charged.
- If the second or third instalment is still not received within the additional payment period of seven (7) days, we will send you a new reminder by email, SMS and/or letter and Zinia will give you an additional seven (7) days to make the payment. However, a second partial extrajudicial collection cost will be charged (e.g., if the debt for the second instalment is up to and including €75, €3 will be added to the first partial extrajudicial collection cost of €3).
- If the second or third payment is still not received within the aforementioned additional period, your outstanding payment will be handed over to a specialist collection agency. In this case, the extrajudicial collection costs will be charged in full. Please note that the maximum amount of the collection costs charged shall not exceed the costs specified in the Decree on compensation for extrajudicial collection costs.
Please note that if the second instalment is not made within the additional deadlines mentioned above, Zinia shall automatically transfer the outstanding payment to a specialist collection agency, without waiting to receive the third payment.
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 3, 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, 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 Zinia services, you acknowledge that you have read the Zinia Privacy Policy.
5. Claims and Complaints
Should any dispute arise between you and the store regarding your order, 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 Dutch and the English version of these Terms and Conditions, the Dutch 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
1. Introduction and definitions
These General Terms and Conditions (hereinafter referred to as, the “Terms and Conditions”) set out the rights and obligations applicable when using specific assets, which are defined as “Zinia Materials”. For the purpose of these Terms and Conditions, “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 of Zinia and/or licenced 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, understand 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 Zinia.
Authorisation to use trademarks and other distinctive signs shall under no circumstance imply a transfer of them between you and Zinia. You acknowledge that Zinia continues to be the exclusive owner of the trademarks and of all the corresponding industrial and intellectual property rights relating to them.
Except in cases expressly provided for, Zinia shall grant its prior express and written consent for any use through any medium in which the collaboration is advertised when its logo, trademark, company name, image and any other distinctive sign or technical creation appears.
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 Zina trademark or distinctive sign.
You undertake to follow the instructions issued by Zinia while using the Zinia trademark. In this regard, you agree to compensate Zinia for any claim to which it is subject for infringement of intellectual or industrial property rights, provided that said infringement is due to your improper or negligent use.
Both you and Zinia guarantee that collaboration materials shall not include items belonging to third parties that may infringe pre-existing industrial or intellectual property rights.
Zinia 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 Zinia, 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. Zinia owns 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 merchant 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 Spain.
In the event of any dispute regarding or discrepancy between the Dutch and the English version of these Terms and Conditions, the Dutch version shall take precedence.
To download these Terms and Conditions, click here.
Last updated: January 2022