Zip

General Terms & Conditions

Updated 04 November 2021

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

These terms and conditions and your Payment Schedule form your Agreement with us. Any future Payment Schedule we agree to give you will relate to a new Agreement with us.

This Agreement is not a consumer credit contract under the Credit Contracts and Consumer Finance Act 2003, and, as such, the protections for debtors contained in that Act do not apply to this Agreement.

1. PARTIES

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

2. DEFINITIONS
   • 2.1     In this Agreement, unless the context otherwise requires:

“Business Day” means any day other than a Saturday or Sunday on which registered banks are open for ordinary banking business in Auckland, New Zealand.

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

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

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

“Instore Code” means the alphanumeric code, barcode or QR code generated by the Platform when you apply for a code to use Zip instore at a Retailer.

“Late Fee” means a NZ$8 fee payable every week the relevant payment or part of the payment has not been paid in accordance with the Payment Schedule.

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

“Payment Schedule” means the fortnightly payment plan, showing the amounts you owe us and the date on which such amounts are due and described on our Platform as the Zip Payment Schedule.

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

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

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

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

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

3. WHAT WE AGREE TO DO

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

4. WHAT YOU AGREE TO DO
   • 4.1     You agree to pay us in accordance with the Payment Schedule. You also agree to pay Late Fees in the circumstances described in section 6.
   • 4.2     You agree that we can charge your Card in accordance with the Payment Schedule and any Late Fees payable. You agree to have available funds on your Card at the time we charge it.
   • 4.3     You are responsible for any fees or costs that your bank may charge you because of us taking any payment or attempting to take any payment from your Card in accordance with the Payment Schedule.
   • 4.4     You agree to pay all amounts without any set off or other deduction whether or not you have any issue or dispute with respect to the Goods or the Retailer and whether or not you currently own or have the Goods in your possession.
   • 4.5     You can make a partial prepayment of one or more payments (but not part of a payment) under your Payment Schedule. We will decline a part prepayment of a scheduled payment. You can make a full prepayment of any amounts you owe under your Payment Schedule at any time. For the avoidance of doubt, you will not be charged any fees for any full or partial prepayment.
   • 4.6     If the Retailer has paid a refund to us, we will apply any refund as a partial or full prepayment of your Payment Schedule first to the last payment, and working backwards to the other payments. Depending on the amount of the refund, it is possible that the Payment Schedule is reduced by 1 or more payments or in full.
   • 4.7     If the refund referred to at clause 4.6 above is greater than the total of all amounts owing under your Payment Schedule, we will promptly transfer the excess amount to your Card. When the refund will appear on your Card depends on your bank and can take up to 7 Business Days.
   • 4.8     When you purchase any Goods via a Retailer’s ecommerce site using the Platform or using an Instore Code, Zip will charge your Card 25% of the actual purchase price of the Goods on the date of this Agreement and take payment of the remainder of your payments in accordance with your Payment Schedule and the terms of this Agreement.
   • 4.9     You acknowledge that we collect merchant service fees from Retailers. You are not required to pay these.

5. TRANSACTIONS OVER SPENDING LIMIT
   • 5.1     If the Transaction Value exceeds your Spending Limit, you may be given the option to pay the difference on the first payment.

• For example, your Spending Limit is $400, and you would like to make a purchase with a $500 Transaction Value.
  Payment 1 – $100 (+$100 difference between Spending Limit and price of Goods)
  Payment 2 – $100
  Payment 3 – $100
  Payment 4 – $100

5. • 5.2     Your Spending Limit is dependent on a number of factors including information gathered from third parties, your Zip repayment history, where you’re shopping, and any outstanding Zip payments you owe us (across any of our products).

6. NONPAYMENT AND LATE FEES
   • 6.1     We will attempt to take a payment of any amount due to us on a Payment Date from your Card on each Payment Date. If we cannot take payment from your Card on a Payment Date, you authorise us to attempt to take payment of both the payment under your Payment Schedule and any Late Fees set out in clauses 6.2 and 6.3 below from your Card:
     •      three days after the original Payment Date;
     •      if that is not successful, seven days after the original Payment Date; and
     •      if neither of those are successful, ten days after the original Payment Date.
   • 6.2     If we have not received a payment due to us by 11:59PM on the relevant Payment Date:
     •      your right to use the Platform will automatically be frozen, meaning you will no longer be able to make purchases with Retailers using the Platform until we say you can, and
     •      we will immediately add a Late Fee to your account on the Platform unless you have notified us of a genuine dispute under clause 11.
   • 6.3     If we have still not received a payment due to us by 11:59PM seven days after the original Payment Date, we will immediately add a further Late Fee to your account on the Platform unless you have notified us of a genuine dispute under clause 12.
   • 6.4     Your bank may charge you fees for any failed payment.
   • 6.5     We can at reasonable intervals try and take any overdue payment and any Late Fee from any Card you have used or added to your account on the Platform.
   • 6.6     We can choose to waive or defer any Late Fee. The total of all Late Fees we charge you in relation to this Agreement is capped at $40.
   • 6.7     You agree that if you do not pay us an amount you have agreed to pay under this Agreement on time, we may appoint a third party collection agency to collect any amounts owing and this does not require your consent or agreement. We will act in accordance with any applicable laws when appointing a third party collection agency.
   • 6.8     You must pay us any reasonable costs we incur as a result of appointing a third party collection agency to collect any amounts owing, and these costs are payable if we demand them any time after we incur them.
7.      YOUR RELATIONSHIP WITH THE RETAILER
   • 7.1     Your relationship in relation to the Goods you have purchased is with the Retailer. Where you purchase Goods which are paid for through the Platform, your consumer rights in relation to those Goods are governed by New Zealand law, including the Consumer Guarantees Act 1993 and that Retailer’s terms and conditions and policies.
   • 7.2     You acknowledge and confirm that we are not responsible or liable for Goods purchased from Retailers which are paid for through the Platform.
   • 7.3     You are responsible for verifying the suitability, reliability and identity of any Retailers you purchase Goods from. We do not make any warranty or guarantee in relation to Retailers or any Goods that they supply.
   • 7.4     We do not guarantee or have any responsibility for:
     •      the suitability, quality or merchantability of any Goods purchased by you;
     •      the availability or delivery of any Goods; or
     •      any other responsibilities of the Retailer.
   • 7.5     You agree to contact the Retailer if you have any issue with the Goods or if you wish to return any Goods.
   • 7.6     Any full or partial return of the Goods is subject to the Retailer’s returns policy. All communications with respect to any return must be made with the Retailer.  We cannot deal with any of these matters.
   • 7.7     Nothing in this Agreement limits or restricts your rights under New Zealand consumer protection legislation, including the Consumer Guarantees Act 1993 (where you are a “consumer”), and the Fair Trading Act 1986.
8.      INTEREST AND FEES
   • 8.1     The Agreement charges no interest, has no establishment, administration, processing, monthly or weekly fees and no fee is charged for you to have an account and log on with us.
   • 8.2     In the event of a non-payment of a payment, a Late Fee is charged in accordance with clause 6 above
9.      COMMUNICATIONS
   • 9.1     You agree that if we need to get in touch with you we can text the mobile number you have provided to us on the Platform or use the email address that you have provided to us on the Platform.
   • 9.2     We consent to receiving notices or other communications from you in electronic form.
   • 9.3     You agree to receive statements, notices and any documents that we are required to give you in relation to your Payment Schedule and your Agreement by electronic communication through the Platform.
10.      ASSIGNMENT
    • 10.1     You may not assign, novate or otherwise transfer any part of this Agreement without our consent.
    • 10.2     We may assign or otherwise transfer this Agreement, any rights we have under this Agreement, any Payment Schedule or any payment to a third party without giving you notice or obtaining your consent (unless required by law). Any person we transfer our rights to will have the same rights that we do. If we assign this Agreement, any rights we have under this Agreement, any Payment Schedule or any payment, this will not affect our obligations to you.
    • 10.3     You agree that we may disclose any information or documents we consider desirable to help us exercise our right at clause 10.2 including personal creditworthiness information to persons involved in providing funds by way of securitisation.
11.      DISPUTE RESOLUTION
    • 11.1     If you have any concerns or dispute with us or our service, please contact us on:

    Contact form
    Phone: 09 489 8144
    Address: Zip Co NZ Finance Limited, c/- level 3, 33-45 Hurstmere Road, Takapuna, Auckland

•      We are registered under the Financial Service Providers (Registration and Dispute Resolution) Act 2008.

12.      GENERAL
    • 12.1     You agree that if any of these terms and conditions are unlawful or does not meet any duty that we need to comply with at law, that term will be changed to be lawful or to comply with the law. That term will only be changed as needed and will not affect the rest of these terms and conditions.
    • 12.2     Our Agreement shall be governed by and interpreted in accordance with the laws of New Zealand. We and you agree that the courts of New Zealand shall have non-exclusive jurisdiction.