Thanks for visiting our website and considering the use of our services and products. This page sets out the terms and conditions that apply to our provision of our products and services and sets out the agreement between you and us when you sign up for a TOUCHSALE account and use our products and services (“Agreement”). The Agreement includes the instalment plan that you enter into when you make a purchase using our products and services, described in more detail in section 2 below (“Instalment Plan”). Please read the Agreement carefully.
By clicking to accept these terms and conditions you agree to the terms of the Agreement. Please note that these terms and conditions may change from time to time and you should always check this page every time you use our products and services. Please note that the version of these terms and conditions that applied at the time you used our products and services to make a purchase (and entered into an Instalment Plan with us) will apply to that particular Instalment Plan.
- WHO IS THIS AGREEMENT BETWEEN?
|We or us||You|
|TOUCHSALE LTD t/a TOUCHSALE||The customer|
- WHAT MAKES UP OUR AGREEMENT?
2.1 Our Agreement is made up of these terms and conditions and your Instalment Plan.
|What’s your Instalment Plan?||What’s our platform?|
|This is the fortnightly payment plan in respect of a transaction with TOUCHSALE, showing the amounts you owe us (including any default fees) and payment due dates. You can find this on our platforms.||These are the platforms developed by us where you submit your details (e.g. your card details) and can find information on your instalment plan.|
2.2 The Agreement will continue until you’ve repaid everything you owe us and your TOUCHSALE account has been closed.
- HOW WE CAN CONTACT EACH OTHER
3.1 If we need to get in touch with you, we’ll either call or text your mobile number or use the email address you’ve provided. You must tell us if your details change.
- HOW TOUCHSALE WORKS
(a) Setting up your account
4.1 You’ll need to have an account and register a card to pay with TOUCHSALE. Every time you add a card to your account, we’ll pre-authorise your account to check it’s valid. Once it’s been successfully added to your account, we’ll ask your bank to release the pre-authorisation.
|What does pre-authorise mean?|
|This means we place a hold on an amount on your card to check you have funds available to pay it.|
|NOTE: We can’t control the time it takes your bank to cancel a pre-authorisation on your card. This usually takes less than an hour but it may be longer depending on the bank and whether it’s a weekend or public holiday.|
4.2 For individual transactions to pay with TOUCHSALE, you will apply for a new and separate Instalment Plan each time. If we approve your application, each time you enter into a new Instalment Plan through our platform, you’ll enter into a new Agreement with us.
We explain how applications work at paragraph 5.1 below.
4.3 For purchases with TOUCHSALE, you will see the option to TOUCHSALE at the checkout. For others, you will have to access the option to pay with TOUCHSALE.
(b) Your agreement with us
4.4 The products or services you’ve purchased are subject to a separate agreement between you and TOUCHSALE.
4.5 You must contact us directly if any issues arise with a product or service, including where you need to return goods you’ve purchased. Any returns are subject to the returns policy.
4.6 Nothing in this agreement limits your rights under relevant UK consumer protection legislation, including the Consumer Rights Act 2015.
(c) Paying with TOUCHSALE
How payments will be made
4.7 When we accept your application for credit on our platform, we’ll pay us for the products or services you’re purchasing. This means you’ll owe us. We’ll charge to your card the:
• initial 25% instalment at the checkout; and
• remainder as set out in your Instalment Plan (including any default fees).
4.8 You must pay us the amounts set out in your Instalment Plan on the payment due date. The Instalment Plan will cover the price for the products or services. We don’t add any charges for credit. However, if you’re late with any payment, we’ll charge default fees as follows:
|What are default fees?|
|£8 when you miss each payment (capped at £24).|
4.9 You must continue to make payments under your Instalment Plan even where there’s an issue with the purchase you’ve made e.g. you haven’t received an item or you have an ongoing dispute with us about your purchase.
When we’ll take payments
4.10 The table below explains when we’ll try to take a payment from your card:
|When will we try to take a payment?|
|On the due date as set out in the Instalment Plan|
|If we haven’t been able to take a payment then we will try again:|
|3 days after the due date|
|And if we still weren’t able to, 7 days after the due date|
|Then on an ad hoc basis until the payment is successfully taken.|
|When will we take payment for the default fee for a missed payment?|
|3 days after the due date|
|And if we weren’t able to, in accordance with the schedule above.|
4.11 If you’ve registered more than one card and we can’t take a payment from the card you’ve asked us to take your Instalment Plan payments from, we’ll take payments from another card on your account. It is your responsibility to ensure that there are sufficient funds in the account linked to your payment card to be able to pay your instalments.
What happens if you miss a payment?
|It’s important that you have enough money available on your card to make the payments set out in your instalment plan. If you’re having difficulty making payments you must contact us.|
4.12 If you don’t make a payment on time, we’ll charge default fees and may notify a credit reference agency. This could make it more difficult to obtain credit in future.
4.13 We may waive or defer payment of a default fee for one or more Instalment Plan payments but if we do, you’ll still owe us any payments due under your Instalment Plan, including any default fees for other Instalment Plan payments.
4.14 You’ll be responsible for any fees your bank may charge you if we take, or attempt to take, a payment from your card when there are no funds available.
4.15 We may appoint a third party collection agency to collect the amounts you owe us. You may be responsible for the reasonable costs of our collection agents, including our reasonable legal costs.
4.16 You must not set off or make any other deduction from a payment due under an Instalment Plan for any reason including if you have a dispute or issue with the retailer in relation to your purchase.
Can you repay early?
4.17 You can repay all or part of what you owe us early by logging into your customer portal account https://app.paythen.co/company/u5zhyie5gy
4.18 If you repay part of what you owe us early but you still owe us money, you must continue to make payments under your Instalment Plan.
4.19 Once you’ve entered into your Instalment Plan, we can’t cancel or amend it.
4.20 Refunds can take between 5 – 10 business days but the timings will depend on your bank.
Your right to cancel
4.21 You can cancel your Agreement with us and settle any remaining Instalment Plans by submitting a contact form.
|What’s a business day?|
|A business day is usually Monday to Friday (excluding public holidays).|
- OUR OBLIGATION TO PROVIDE CREDIT
5.1 We aren’t required to give you access to our platform or provide you with credit. You will apply to enter into a new Instalment Plan for individual transactions with TOUCHSALE. Each time you apply to enter into an Instalment Plan, we’ll take many different factors into account such as your repayment history and any funding constraints that may exist. This means that we may not give you credit in future when we did in the past and we won’t always give you a detailed explanation as to why.
- YOUR RESPONSIBILITIES
6.1 You confirm that:
(a) you’re over the age of 18;
(b) you have a current UK address;
(c) you have authority to use a UK debit or credit card; and
(d) the information you’ve given us is accurate and not misleading.
Keeping your account secure
6.2 You must keep your account details, password and not share them with anyone else. You’ll be responsible for any unauthorised use of your account, or instore code, including any orders placed, unless we’ve been negligent or caused the security breach.
6.3 You must contact us immediately if you suspect your account may have been used by an unauthorised third party or there is any other suspected fraudulent activity.
- YOUR PERSONAL INFORMATION
8.1 We don’t apply VAT separately to the value of the goods or services you’ve purchased.
- TRANSFERRING THIS AGREEMENT
9.1 You can’t transfer any of your rights and obligations under this agreement without our consent.
9.2 We can transfer all of our rights and obligations under this agreement to a third party without your consent.
- OUR LIABILITY
10.1 Except where the law says otherwise, our liability to you for any claims arising out of or in connection with this Agreement will be limited to the total value of the Instalment Plans.
10.2 Neither of us will have any liability for any indirect, consequential or economic loss.
|If you have a complaint about our services, please contact us:|
|Submit a contact https://touchsale.co.uk/contact-us/|
- OTHER IMPORTANT INFORMATION
12.1 If we decide not to enforce any of these terms or our rights when we’re entitled to, we don’t waive our right to take that action (even in similar circumstances) e.g. if we don’t charge a fee when we normally would, we’re entitled to charge this to you or ensure that we charge it going forward, unless previously agreed in writing otherwise.
12.2 This Agreement represents the entire agreement between us.
12.3 If any provision of this Agreement is found to be invalid, illegal or unenforceable, then that provision will be treated as though it were not included in the Agreement but the other terms will remain in full force and effect.
- GOVERNING LAW AND JURISDICTION
|What laws will govern the agreement? What courts will have non-exclusive jurisdiction?|
Courts of England and Wales (however, if you are resident in Northern Ireland or Scotland you may also bring proceedings in Northern Ireland or Scotland, as applicable to you).