Consumer Terms and Conditions in3 VirtualCard
in3 offers the possibility to create a virtual payment card (the in3 VirtualCard) in the smartphone application of in3 (the App). With the in3 VirtualCard, you can then purchase a product or service (the Purchase) from a retailer (the Retailer).
This document contains the arrangements you make with in3 regarding the use of the in3 VirtualCard. Please note:
- When you make a Purchase from a Store, you enter into an agreement with that Store. The agreements that apply between you and the Store are not set out in this document. This document is only about the agreements that apply when using the in3 VirtualCard.
With the in3 VirtualCard it is possible to pay for your Purchase in a physical Store in one go, after which you have to pay back the purchase amount to in3 in three equal installments:
- The first instalment must be paid to in3 within 24 hours of the Purchase.
- The second instalment must be paid to in3 no later than 30 days after the Purchase.
- The third instalment must be paid to in3 no later than 60 days after the Purchase.
You can only pay with the in3 VirtualCard if the relevant Store has made arrangements with us to accept payments via the in3 VirtualCard. ‘in3’ is the trade name of in3 NL B.V. and we have our registered office at Meerenakkerweg 1a, 5652 AR in Eindhoven. in3 NL B.V. is registered in the trade register of the Chamber of Commerce under number 59234784. The VAT number of in3 NL B.V. is NL853381082B01.
If you choose to pay with the in3 VirtualCard when making your Purchase, you make the following arrangements with in3:
1. Your Purchase
- To be able to use the in3 VirtualCard you must have an in3 account and you must have the in3 App installed on your smartphone. If you do not have an in3 account yet, you can easily create one via the App. If you do not have the App yet, you can easily download it from the Google Play Store or the Apple App Store.
- If you want to pay in a Store with the in3 VirtualCard, you must activate the in3 VirtualCard in the App before you checkout. After activating an in3 VirtualCard, it is only valid for a limited time and limited to a certain spending limit. How long the in3 VirtualCard is valid and how much you can pay with it is visible in the App.
- Paying in a store with the in3 VirtualCard works the same as paying with a digital bank card. This means you will also need to use Google Pay or Apple Pay. Via the in3 App, the in3 VirtualCard is added to your Google Pay or Apple Pay wallet after activation. You can then pay with the in3 VirtualCard via your wallet by holding your mobile phone against the payment terminal making a contactless payment.
- As soon as you pay for a Purchase with the in3 VirtualCard, in3 will pay the purchase amount to the Store from the in3 bank account. As a result, in3 will receive a claim on you in the amount of the purchase price. You must therefore repay the purchase price that in3 has advanced for you to in3. Repayment to in3 may be made in three instalments, as referred to in Article 4.
- You can only pay with the in3 VirtualCard in Stores that have made arrangements with in3 and therefore accept the in3 VirtualCard.
- These Consumer Terms and Conditions are part of the agreement that you enter into with in3 as soon as you pay with the in3 VirtualCard. You can always look up these Consumer Terms and Conditions on the in3 website and easily save them as a PDF or request them again (free of charge) from in3.
2. Your activation and the creditworthiness assessment
- If you create an account with in3 and/or when you activate the in3 VirtualCard in the App, you guarantee to in3 that:
- you live in the Netherlands;
- you are 18 years of age or older and are authorised to make the Purchase (legal capacity);
- you have not been declared bankrupt or have been placed under guardianship or administration, and that no debt restructuring scheme applies to you. In addition, no application has been submitted for this; and
- all (personal) data that you (have) provided to in3 or the store are complete and correct;
- you will make payments to in3 from your own bank account.
- When you create your account with in3, in3 checks your creditworthiness. in3 does this automatically and uses information from a credit reference agency. As long as you have an account with in3, in3 will periodically recheck your creditworthiness to ensure that we have an up-to-date picture of your creditworthiness. Read the in3 privacy statement under https://payin3.eu/en/privacy-statements/ for more information about the processing of your personal data by in3 and the creditworthiness test.
- Based on the results of our creditworthiness checks, it is determined, among other things, whether you can use the in3 VirtualCard and what your personal spending limit is on the in3 VirtualCard.
- If in3 allows activation of the in3 VirtualCard with a certain spending limit, it does not mean that your credit rating is good. It also does not mean that the spending limit is a good fit for you or that you have sufficient assets to make the Purchase responsibly. Our creditworthiness test is only an estimate and you are always responsible for your creditworthiness. You must therefore always assess for yourself whether in3 suits your situation and the Purchase and whether you can pay the purchase price to in3 in three installments on time. If you think you cannot pay the instalments or cannot pay them on time, you should not use the in3 VirtualCard.
- in3 is not obliged to approve an activation of the in3 VirtualCard. If in3 does not allow the activation of the in3 VirtualCard, in3 will let you know. in3 does not have to state why an activation is rejected. If in3 does not approve the activation and you still want to make the Purchase, you will need to find another way to pay in the Store.
- When activating the in3 VirtualCard, in3 may ask you to issue a SEPA mandate to in3. By doing so, you authorize in3 to debit the amount you owe to in3 from your bank account in three installments after a Purchase. In addition, we need to verify that you are the owner of the bank account provided. This check and the confirmation of the SEPA mandate is done by means of a so-called 1-cent transaction, in which you pay a one-off fee of € 0.01 to in3. This € 0.01 will not be reimbursed by in3.
3. If you change your mind
- If the activation of the in3 VirtualCard is successful, this does not mean that you should actually use the in3 VirtualCard. If you change your mind and still do not want to pay for a purchase with the in3 VirtualCard, you simply do not use it as a means of payment.
- You can always repay in3 earlier than the final payment dates of the instalments. If you change your mind after you have already made a Purchase with the in3 VirtualCard, you may immediately pay the full purchase amount to in3. In this way, you have paid everything to in3 and our claim on you ends.
- If you wish to return the Purchase, you must contact the Store. Returns are always made according to the terms and policies of the Store. in3 has nothing to do with that. If you return a product to the Store, you remain obliged to pay the purchase price to in3 in the agreed instalments. After all, in3 has paid for your Purchase.
4. Payment obligation to in3 in three instalments
- The purchase amount that in3 advances for you to the Store when you use the in3 VirtualCard must be refunded to in3. Repayment to in3 can be done in three installments. With each instalment, you repay one-third (1/3rd) of the purchase price to in3.
- If you have issued a SEPA direct debit to in3, the aforementioned instalments will be automatically debited from your bank account.
- The first instalment will be automatically debited from your bank account as soon as possible after using the in3 VirtualCard;
- The second instalment will be automatically debited from your bank account 30 days after using the in3 VirtualCard;
- The third instalment will be automatically debited from your bank account 60 days after using the in3 VirtualCard.
- If in3 is unable to debit an instalment from your bank account, you will be notified by in3. In this case, you are obliged to pay the instalment that could not be debited to in3 as soon as possible. You can easily make such a payment via the in3 App and/or via the payment links you receive from in3.
- If you have not issued a SEPA direct debit to in3 or if, for any other reason, in3 is no longer able to automatically debit the instalments from your account, the same applies as mentioned above. You will then have to pay the instalments manually to in3 via the in3 App and/or the payment links you receive from in3.
- The first instalment must be paid to in3 within 24 hours of the Purchase.
- The second instalment must be paid to in3 no later than 30 days after the Purchase.
- The third instalment must be paid to in3 no later than 60 days after the Purchase.
- You can always pay the remaining instalments earlier to in3 at no additional cost. This can be done via the in3 App.
- You are obliged to pay the remaining instalments earlier if in3 requests it. in3 may request this, for example, if:
- you have provided incorrect information to in3; or
- you have used the in3 VirtualCard for a Purchase that falls under the Excluded Product Categories; or
- if in3 is required to do so by law, other rules or instructions from regulators.
- The person making the Purchase is responsible for the timely payments of the first, second and third installments. If you have paid an instalment for someone else or if you have an instalment paid by someone else, you are fully responsible for the payments of the other outstanding instalments in addition to that other person.
- As long as you pay on time, you only have to refund the purchase price to in3. You do not have to pay any interest or fees for using the in3 VirtualCard. If you do not pay on time, you may incur additional costs. You can read more about this in the next article.
5. If you do not pay or pay too late
- The date on which in3 receives your payment on the bank account specified by in3 is considered to be the date of payment.
- If you do not pay on time, in3 will send you a payment reminder. You will then be given a period of 14 days to pay us the amount due. This period of 14 days starts on the day after the day on which you received the reminder. If you do not pay on time within the mentioned 14 days, in3 can hand over the claim to a collection agency. In that case, you will have to deal with additional costs, namely collection costs. The amount of these collection costs that will be charged to you can be found in the Besluit vergoeding voor buitengerechtelijke incassokosten.
- in3 may block future use of the in3 VirtualCard if:
- you do not pay on time or if in3 cannot automatically debit an instalment from your bank account; or
- you wrongly reverse a charge; or
- in3 has other good reasons for a block, such as fraud.
- If you wrongly reverse direct debits, in3 may restrict the future use of the in3 VirtualCard and, for example, enforce manual payment.
- In order to give in3 more certainty that you will repay in3 in instalments on time, you give in3 a power of attorney to pledge the goods that were part of your Purchase to in3 on your behalf. This power of attorney is irrevocable and ends automatically as soon as you have refunded the full purchase price to in3. The power of attorney that you give to in3 also means that in3 may perform all actions on your behalf that are reasonably necessary to establish or exercise a valid right of pledge.
6. Excluded Product Categories
- You may not use the in3 VirtualCard to purchase the following Excluded Product Categories: (1) iPhones, (2) refurbished electronics, (3) hair extensions, (4) airline tickets, (5) city trips, (6) cruise travel, (7) package holidays, (8) cash withdrawals, (9) transactions involving items that are converted directly into cash (such as prepaid cards, foreign currency, or casino game chips), (10) massage parlors, escort services, and similar services.
- in3 may block your future use of the in3 VirtualCard in the event that you do use the in3 VirtualCard for a Purchase of a product or service that falls under the Excluded Product Categories.
- Your use of the in3 VirtualCard for a Purchase that falls under the Excluded Product Categories does not release you from your payment obligation to in3. You will still have to pay back in3 for the Purchase.
- By using the in3 VirtualCard, you agree not to use the in3 VirtualCard for Excluded Product Categories.
7. Communication and complaints
- If you have any questions or messages for in3, you can send them by email to klantenservice@payin3.nl. You can also call in3 on 088-3993333.
- You can also submit your complaint via the European ODR platform: https ://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
- If you have any questions, complaints or other messages about the Purchase or its delivery, you cannot contact in3. To do so, you need to contact the Store.
- If your address or email address changes, you must let in3 know immediately. If you do not, in3 will not know that you have a different (email) address and will continue to assume the old one. If, as a result, you do not receive messages from in3 or receive them too late, this will be at your expense and risk.
- in3 is authorized to communicate with you electronically. Messages can also be sent by email or via your account in the App. in3 communicates with you in Dutch and your agreement with in3 will be concluded in Dutch.
8. Information
- If the information you have provided to the Store or in3 is incorrect or incomplete, you will be liable for any damages in3 suffers as a result.
- in3 may always request further information in connection with the implementation of laws and regulations. You must submit all information requested by in3 directly to in3.
9. Liability
- in3 is not liable for any damage whatsoever that you suffer, unless the damage is for its account on the basis of mandatory law.
- If in3 is liable for damage you suffer, it is only liable for direct loss suffered. in3 shall never be liable for indirect losses or for loss of profit or other disadvantage.
- The in3 App and/or the in3 VirtualCard may be temporarily unavailable due to maintenance, malfunctions or other reasons. in3 is not responsible or liable for any consequences if you are temporarily unable to use the in3 App and/or the in3 VirtualCard.
10. Transfer to Aion Bank SA/NV
- in3 assigns the claim that in3 has against you to Aion Bank SA/NV. This is done by assignment by in3 to Aion Bank SA/NV. You will be notified of this assignment. The privacy statement of Aion Bank SA/NV can be found under https://aion.eu/en/privacy-policy.
- This assignment does not affect Article 4 above. So you can still only pay the installments to in3 via direct debit or manually via the in3 App.
11. Remaining
- Dutch law applies to your agreement with in3 and all obligations related thereto.
- To the extent that a provision in these Consumer Terms and Conditions is null and void or voidable, only that part of these Consumer Terms and Conditions shall not apply. In that case, other provisions in these Consumer Terms and Conditions will continue to apply.