Fanvue Checkout Instalment Terms

INTRODUCTION

These Instalment Terms apply when you choose to pay for a purchase through Fanvue Checkout in instalments rather than in a single payment. They are the retail instalment contract between you and Fanvue for that purchase.

These Instalment Terms are in addition to the Fanvue Checkout Buyer Terms, the General Terms & Conditions, and the Seller’s own terms for the Product you are buying. If there is any conflict between these Instalment Terms and those documents, these Instalment Terms prevail in respect of how your instalment payments are taken.

You are shown the number of instalments, the amount of each instalment, and the date each one falls due on the checkout page, before you pay. A complete record is emailed to you immediately after you complete your purchase.

All defined terms used herein shall have the meaning assigned in the General Terms & Conditions and the Fanvue Checkout Buyer Terms, unless otherwise stated.

DEFINITIONS

“Instalment” means each scheduled payment you make towards the Total Sale Price under an Instalment Plan.

“Instalment Plan” means the arrangement under which you pay the Total Sale Price for a Product in a fixed number of scheduled Instalments.

“Total Sale Price” means the full amount payable for your purchase, including any applicable taxes, as displayed at checkout.

“Authorisation” means a hold placed against the available credit or available balance on your payment card, as described in Section 3.

“Issuer” means the bank or other institution that issued the payment card you use.

“Service Provider” means the third-party technology provider Fanvue uses to administer Instalment Plans, as described in Section 1.

1. WHO THIS AGREEMENT IS WITH

Fanvue is the Merchant of Record for every purchase made through a Checkout Link, as set out in Buyer Terms – Section 1. This agreement for payment by Instalments is between you and Fanvue. It is not a loan, and it is not a credit agreement with a lender.
The Seller is the supplier of the Product. The Seller is not a party to these Instalment Terms and does not take your Instalment payments.
Fanvue uses a third-party technology platform to administer Instalment Plans: to place and renew Authorisations, to take each Instalment on its due date, to operate a secure payments portal, and to send you notifications about your payments. You do not enter into any agreement with the Service Provider.
Because the Service Provider sends some of these notifications on our behalf, you will see emails that say they are “powered by” that provider. This is expected. It does not mean your agreement is with them.
Fanvue may transfer or assign this agreement, your Instalments, or any associated rights to a third party, including the Service Provider or one of its affiliates. If we do, this agreement continues on the same terms and remains binding for the benefit of whoever it is transferred to. You may not transfer your rights under this agreement.

2. HOW AN INSTALMENT PLAN WORKS

By selecting an Instalment Plan at checkout, you authorise Fanvue to place an Authorisation on your payment card for the Total Sale Price, and to charge that card the number of Instalments, in the amounts and on the dates, shown to you at checkout.
The first Instalment is charged when your order is completed. Each later Instalment is charged on the date shown in the payment schedule presented to you at checkout, until the Total Sale Price has been paid in full.
Instalment Plans run on your own payment card. Approval is based on whether that card has enough available credit or balance to cover the Total Sale Price, together with fraud checks carried out by us and by the Service Provider. There is no credit search and no record of your Instalment Plan is placed on your credit file.
Which Instalment Plans are available, and over how many payments, is set by the Seller for each Checkout Link and is subject to our approval. Instalment Plans are not available for every Product or in every market.
Completing your purchase on an Instalment Plan confirms that you permit us to take Authorisations and payment by Instalments in the way described in these Instalment Terms, and to contact you in connection with your purchase.

3. AUTHORISATIONS AND YOUR AVAILABLE CREDIT

When you buy on an Instalment Plan using a credit card, we place an Authorisation against that card for up to the Total Sale Price. An Authorisation reduces the credit available to you on that card by that amount, so that there is enough available credit to cover your future Instalments.
This means you will usually not be able to use that part of your credit limit while the Authorisation is in place. How an Authorisation appears, and whether your available credit is restricted, is determined by your Issuer. Even where your Issuer does not restrict your available credit, you must make sure you have enough available credit to cover the full outstanding amount under your Instalment Plan at all times.
Authorisations expire, so we renew them periodically for as long as your Instalment Plan is running. Each renewed Authorisation is for the outstanding balance, reduced by the Instalments you have already paid. We will email you approximately 24 hours before an Authorisation is renewed.
It may take up to 5 days after you make an Instalment payment for the amount of the Authorisation to be reduced. Processing times vary between Issuers.
If an Authorisation fails, we will contact you by email at the address you gave at checkout, and by SMS where you have authorised us to do so. We will keep attempting to obtain the Authorisation for up to 7 days.
If we are unable to renew an Authorisation for the amount you owe by your next Instalment due date, and you have neither paid that Instalment by its due date nor successfully placed an Authorisation on another eligible card, we may charge your card for the Total Sale Price less the Instalments you have already paid. You can avoid this by providing another eligible card, as described in Section 5.

4. DEBIT CARDS

We may, but are not required to, allow you to use a debit card for an Instalment Plan.
Where you do, a temporary hold may be placed against your debit card for the Total Sale Price at the time of purchase, but only your first Instalment is charged at that point. The remaining amount of the hold is released in approximately 3 to 5 days, although processing times vary between banks.
We will then charge your debit card for each later Instalment on its due date, until the Total Sale Price has been paid in full. If there are insufficient funds for an Instalment, we will notify you, and we may retry the payment unless prohibited by law.

5. CHANGING YOUR PAYMENT CARD

You can provide a different eligible card for your Instalment Plan at any time, using the secure payments portal. We email you a unique link to that portal when you enter into this agreement.
By providing a new card, you authorise us to place Authorisations against it for the amounts remaining under your Instalment Plan, and to charge it for outstanding Instalments when they fall due. You also authorise us to charge or refund your card as necessary to correct any errors.

6. WHAT AN INSTALMENT PLAN COSTS YOU

Choosing an Instalment Plan does not change what you pay. The total you pay across all your Instalments is the Total Sale Price shown at checkout. Neither Fanvue, nor the Seller, nor the Service Provider charges you interest, an APR, a financing charge, an arrangement fee, a service fee, a late fee, or any penalty for paying by Instalments.
We are required by law to tell you that you may still have to pay costs that are not imposed by us. Because your Instalments are charged to your own payment card, your Issuer may charge you interest and fees under its agreement with you, exactly as it would for any other spending on that card. That can include interest, late payment fees, over-the-limit fees, and overdraft fees. Those charges are between you and your Issuer, and you are responsible for them.
You may also have to pay other costs not imposed by us, such as internet charges or any taxes or duties applicable in your country.

7. IF A PAYMENT FAILS

If an Instalment payment fails, we will email you and retry the payment after 7 days.
If that retry fails, we will send you a further notification and make one more attempt.
If your Instalment Plan is still unresolved after that, the outstanding amount will be pursued with you directly. No late fee or penalty is charged by Fanvue, the Seller, or the Service Provider.
At any point you can resolve a failed payment by providing a different eligible card through the secure payments portal.
Separately from these Instalment Terms, the Seller may suspend or withdraw your access to the Product where you fall behind on your Instalments, under the Seller’s own terms for that Product.

8. CANCELLING, AND YOUR RIGHT OF WITHDRAWAL

Your statutory right of withdrawal. Where you are a consumer in the United Kingdom or European Union, you have 14 days from the day after your purchase to withdraw from this agreement. Your statutory rights in respect of the Product itself, including the effect of consenting to immediate supply of digital content, are set out in Buyer Terms – Section 6 and are not changed by these Instalment Terms.
Cancelling at any time. Beyond that statutory period, we allow you to cancel this agreement at any time by telling us in writing, by email, or through the secure payments portal. Telling us orally is not enough to cancel.
What cancelling does. Cancelling this agreement ends the Instalment Plan and makes every outstanding Instalment immediately due. Cancelling the way you pay is not the same as being entitled to a refund of what you have paid. Whether you are owed anything back depends on Section 9, on the Seller’s terms for the Product, and on your statutory rights.
We may ask you for further information so that we can identify the agreement you are cancelling.

9. REFUNDS ON A LIVE INSTALMENT PLAN

Refunds for Checkout Link purchases are decided by Fanvue as Merchant of Record, in accordance with Buyer Terms – Section 6. A Seller telling you that a refund has been made does not by itself mean that it has.
Where a refund is approved on a live Instalment Plan, it is applied to that plan. Depending on how much is refunded and how far through the plan you are, this may reduce or remove Instalments that have not yet been charged, return money to your card, or both.
A refund cannot be reversed once it has been processed.
Stopping your use of a Product is not by itself a refund, and does not by itself end your Instalment Plan. Where no refund is due, the plan continues and the remaining Instalments are charged as scheduled.

10. DISPUTES WITH YOUR CARD ISSUER

You can dispute a charge with your Issuer at any point while an Instalment Plan is running, including after you have paid several Instalments. Nothing in these Instalment Terms limits that right.
We ask that you contact Fanvue support first. As Merchant of Record, Fanvue handles payment disputes and chargebacks for Checkout Link transactions, and most issues are resolved faster this way. Buyer Terms – Section 7 applies.

11. DEFAULT

Subject to applicable law, which may require us to notify you and give you an opportunity to put things right, we may treat you as being in default under this agreement if:
1. You fail to pay an Instalment by its due date, after any applicable grace period;
2. You breach a promise you make to us in this agreement in a way that significantly affects your ability to pay, or our ability to collect what is due;
3. You file for bankruptcy or become subject to a proceeding seeking relief from debt;
4. You have made a false or misleading statement about an important matter in connection with this agreement;
5. You withdraw your consent to electronic communications; or
6. You die or become legally incapable.
If you are in default, we can require you to pay the whole remaining amount owed under this agreement immediately, subject to any right you have to notice of default and to put things right. We may take that payment by charging the card you authorised under this agreement.

12. COMMUNICATIONS

You must be able to receive communications about your Instalment Plan electronically. You are responsible for the equipment and services needed to do so, and for keeping your email address, phone number, and other contact details up to date.
We are not required to act on instructions sent by fax, SMS, voicemail, or answering machine. Where this agreement or the law requires written notice from you, SMS and fax do not count as written notice.
Some communications between you and us, or our service providers, may be monitored and recorded.

13. YOUR INFORMATION

Your personal data is handled in accordance with our Privacy Policy.
Because the Service Provider administers your Instalment Plan for us, it processes your personal data in connection with your payments, and information is passed between us for that purpose. We may also share information about your transaction with other third parties in connection with providing this service to you, including fraud detection services.
You can ask us not to share your information with certain third parties, where the law permits. Contact us at support@fanvue.com, including your name and the last four digits of the card used for the transaction so that we can identify it. Never include full card details in an email.

14. CONTACTING US ABOUT YOUR INSTALMENT PLAN

You can see your remaining Instalments, your payment schedule, and your selected payment method at any time through the secure payments portal, using the link emailed to you after your purchase, or through your Fanvue account.
For anything to do with payment, billing, your Instalment Plan, or a refund, contact Fanvue at support@fanvue.com.
For anything to do with the Product itself, including access, content, or delivery, contact the Seller using the contact details they provide, and escalate to Fanvue if it is not resolved. Buyer Terms – Section 1 explains how this works.

15. GENERAL

This agreement, and our dealings before it was made, are governed by the law of England and Wales, provided that you keep the benefit of any mandatory consumer protection rules of the country where you mainly live. All communications from us to you will be in English.
The courts of England and Wales have jurisdiction over any dispute about this agreement, including any question about its existence, validity, or termination, unless you live in another part of the United Kingdom, in which case a dispute may be brought there.
If any provision of this agreement is held to be unenforceable, that provision is treated as omitted and the rest of this agreement is unaffected.
Nothing in these Instalment Terms excludes or limits any statutory right that cannot be excluded or limited under applicable law.

Need Help?

If you have questions about any of our policies or need assistance:

Message our live support
Email us at support@fanvue.com
Visit our Help Center

Fanvue reserves the right to amend this Policy from time to time. The latest version will always be accessible at legal.fanvue.com, and significant changes will be communicated where required.