Terms & Conditions
This site is owned and operated by Afibel SAS ("we" or "us"). Registered office: 129 rue Colbert, 59493 Villeneuve d'Ascq, France. France registration N°314 360 041 RCS Lille. VAT No: 805385822. If you have any complaints or queries about this website (the "website"), please send us an e-mail to email@example.com or write to us at Afibel, P.O. Box 341, Farnborough, GU14 0ZQ.
1. Our agreement
An agreement for us to sell you the goods is made on the basis of these terms and conditions ("terms and conditions") when we accept your order for goods through the website.
2. Placing an order
2.1 Payment online by bank card Select your type of card (VISA, MasterCard), enter your card number, its expiry date and the three figures on the back of your card, then validate your data. In order to provide the most reliable and secure service, we have chosen the payment system by Sogenactif. You are redirected to a secure page by sogenactif and the data you enter is encrypted (SSL encrypting) so you can move around in safety and confidentiality. No payment data is stored on our site. Your payment request is sent in real time via the secure payment system sogenactif. The bank makes sure that your bank card is valid (no data errors, no opposition) and confirms the registering of your payment by issuing an electronic certificate with the transaction number or advises you that the transaction has been refused. Your account is debited of the amount of the goods and the lumpsum contribution to the carriage and packaging costs on the date of shipment of your items. In the event of an item being delayed, only the items actually dispatched are debited from your account.
2.2 The order is accepted at our sole discretion but orders are normally accepted if the goods are available, the order reflects the current pricing, you are based in a country to which we are currently able to sell and your credit or account card is authorised for the transaction.
2.3 We store the contract's content and will send you the details of your order as well as our general terms via e-mail. You can find the terms here at all times. The details about your recent orders can be found in your customer login.
3. Confirmation of the order
A confirmation of your order will be sent to you by e-mail. This e-mail will provide you with an electronic receipt of your transaction, which you might like to file for future reference.
Our updated terms & conditions of sale are always available on our website. The details about your recent orders can be found when you log in to My Account.
4.1 The description of the goods, price and currency are set out on the order page.
4.2 Prices include VAT. An additional charge of £3.00 is made to cover carriage, packing and insurance.
5.1 Payment does not take place until we have accepted the order.
5.2 You can pay in 2 different ways, by credit/debit card or buy now pay later with your Personal Account
You can read the full terms and conditions by clicking here
6. Security of payments
In order to ensure security of payment, the website uses the secured payment service. This service includes SSL security services. Confidential data (including card numbers and expiry dates) are transmitted encrypted to the bank server and are not transmitted to the website server.
7. Despatch and delivery
7.1 We shall arrange for the goods to be delivered to the address you specify for delivery, or if none, to the credit card address you supply. It is important that these addresses supplied by you to us are accurate.
7.2 When items are in stock, you should receive them within seven to ten working days after we receive your order. However, please allow fifteen working days to cover any delays within the carrier system.
7.3 If an item is out of stock for any reason, we will let you know as soon as possible.
7.4 Please note that we can only deliver within the UK mainland and Northern Ireland.
7.5 If you have any delivery queries, please call our Customer Service team on 0871 200 2231
(Calls cost 10p per minute plus network extras) or send an e-mail to firstname.lastname@example.org
8.1 You will only own the goods once they have been successfully delivered and we have received cleared payment for them in full. Until then, we will retain title to the goods.
8.2 Goods supplied are not for resale.
9. Access to the website and content
9.1 We are continually improving our goods, so specifications or design changes may be made at any time. We shall endeavour to keep the website up to date but information and specifications given are for your information only and are subject to change without notice.
9.2 We try to ensure that pictures of the goods on the website are as accurate as possible but there are technical limitations and slight variations in colour and texture between the pictures and the goods themselves must be expected.
9.3 We will endeavour to allow uninterrupted access to the website, but access may be suspended, restricted or terminated at any time.
10. Scope of the website
The content of the website is directed solely at those who access the site from the United Kingdom. We make no representation or warranty that any goods referred to in the website are available or are otherwise suitable for use outside the United Kingdom.
We warrant that the goods shall meet their specification and shall be free from defects in materials and workmanship at the time of delivery, provided that the instructions governing use of the goods have been followed.
12.1 If you have a valid claim in respect of any of the goods, which is based on any defect in the quality or condition of the goods or their failure to meet specification in accordance with this agreement, we shall be entitled to replace the goods (or the faulty part in question) free of charge or, at our sole discretion, refund you the price of the goods (or a proportionate part of the price).
12.2 We will take all reasonable care to keep your order secure, but in the absence of our sole negligence, we cannot be held liable for any loss you may suffer if a third party obtains unauthorised access to any data (including credit and account details) you provide when accessing or ordering from the website.
12.3 We shall not be liable to you in connection with this agreement in contract, tort (including negligence) or otherwise for any loss of profit, anticipated savings or data (in each case whether direct or indirect) or any indirect loss.
12.4 Our aggregate liability to you in connection with this agreement shall not exceed the value of the goods ordered by you.
12.5 Notwithstanding anything else in these terms and conditions, we accept unlimited liability in respect of death or personal injury caused by our negligence.
13. Matters outside our control
We shall not be liable to you or in breach of this agreement for delay or failure to perform if the delay or failure is due to a cause beyond our reasonable control.
14. E-mail address
E-mails to you shall be sent to the address you specify. It is important that you give us an accurate and valid e-mail address and inform us of any changes.
15.1 If we fail to enforce a right under this agreement, that failure will not prevent us from enforcing other rights or the same type of right on a later occasion.
15.2 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
16. Intellectual property
16.1 The copyright for the material contained on the website, together with the website design, text and graphics and their selection and arrangement and all software compilations, underlying source code and software (including applets) belongs to [us], [our] subsidiaries or the providers of such information. All rights reserved. None of this material may be reproduced or redistributed without our written permission.
16.2 Afibel is a trademark of Afibel. Other product names and companies (if any) mentioned on this website may be the trademarks or registered trademarks of their respective owners.
17. Return and exchange
17.1 We hope you will love everything you buy from us. However, should you find any item unsuitable, you can return it to us.
17.2 We will be happy to exchange it for an alternative item or refund the purchase price.
17.3 To return an item, complete the returns slip on the dispatch note sent with your order, safely re-pack the items, address the returns parcel to Afibel, P.O. Box 341, Farnborough, GU14 OZQ.
17.4 All returned items must be sent back unused, in their original packaging and within 14 days of receipt (the "returned goods").
17.5 Where appropriate, the purchase price will be refunded within 7 days of the receipt of the returned goods.
17.6 This does not affect your statutory rights, if appropriate, as a consumer.
18.1 . The consumer is entitled to notify the company that it no longer wishes to go ahead with the purchase, without any penalties and without having to give a reason, within 14 calendar days from the day following the date of delivery of the goods or the signing of the service contract. You can exercise this right in writing to us at Afibel, P.O. Box 341, Farnborough, GU14 0ZQ or by phone by calling our Customer Service team on 0871 200 2231.
18.2 If you exercise this right to cancel you must immediately return the relevant items to us.
18.3 The goods must be returned to us at your own cost.
18.4 All costs, including postage and packing costs, for the order will be refunded within 30 days of the cancellation.
19. Data protection and privacy
19.1 We comply with all applicable data protection laws in the UK.
20. Governing law
20.1 The terms and conditions shall be governed by and construed in accordance with English law.
20.2 Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.
21. Afibel personal account information
The Afibel Personal Account allows you to purchase items from Afibel on credit, up to your credit limit as advised by us and after 4 weeks approval pay for them in instalments every four weeks.
Before we can enter into a regulated agreement with you, we must provide you with some important information known as ‘adequate explanations’. Each four week period you will be required to pay off a minimum amount (which will be 1/20 of the value of the goods you have bought subject to a £5 minimum). You are charged interest on the amount you owe at each statement date. The sooner you are able to pay off your balance, the less interest you will have to pay. If you only pay off the minimum payment each statement your purchases will cost you more; for example, if you buy goods worth £400 and pay off the minimum every four weeks you will repay a total of £504.50 over the 20 four week period. Missing payments can make it more difficult for you to obtain credit in future and may result in legal proceedings.
In addition, if you don’t make a payment by the due date shown on your statement or if you pay less than the minimum amount requested, you may have to pay a default charge of £12. Afibel may also charge you for any fees it occurs in order to recover payments from you, including, but not limited to fees for tracing you, returned payments, debt collection, legal costs or court action.
You have the right to withdraw from the agreement before the end of 14 days beginning with the day after you receive a copy of the final agreement.
You can exercise this right by contacting us as set out below. If you withdraw you must pay for the value of the goods you have had within 30 days of the date of the withdrawal.
You may close your Afibel Personal Account at any time by giving notice in writing and paying off any sums that are outstanding on your account.
Please contact us on 0871 200 2231 (Calls cost 10p per minute plus network extras), via ‘contact us’ at www.afibel.co.uk, or by writing to Afibel, PO BOX 341,
Farnborough, GU14 0ZQ if you have any questions or wouldlike further information or clarification about our agreements.
Pre-contrat credit information (Standard European Consumer Credit Information - SECCI)
21.1 Contact details
|Creditor, Address, Telephone number, Website||Afibel, PO Box 341, Farnborough GU14 0ZQ, 0871 200 2231, www.afibel.co.uk |
(Calls cost 10p per minute plus network extras)
21.2 Key features of the credit product
|The type of credit||Running account (retail)|
|The total amount of credit This means the credit limit.||We will advise you of your credit limit, as varied at our discretion from time to time in writing.|
|How and when credit would be provided.||Credit will be provided on a running account basis when goods are ordered and not paid for within 28 days.|
|The duration of the credit agreement.||The agreement has no fixed duration.|
|Repayments||Each four weekly period you must repay the minimum payment shown on your statement (1/20th of your outstanding balance or £5.00, whichever is the greater amount) within 14 days.|
|The total amount you will have to pay This means the amount you have borrowed plus interest and any costs.||The total amount payable is the sum of the amount borrowed plus the total charge for credit. The total charge for credit comprises interest only (also referred to as the ‘service charge’) charged at 2.5% of the balance outstanding each month or 50 pence, whichever is the greater. Based on an example of taking credit of £400 and paying the minimum equal repayments for the term, the total charge for credit is £104.50 and the total repayable £504.50|
21.3 Costs of the credit
|The rates of interest which apply to the credit.||The rate of interest (also called the ‘service charge’) is 2.5% of the account balance outstanding each month subject to a minimum charge of 50 pence per outstanding balance.|
|Annual Percentage Rate of Charge (APR). This is the total cost expressed as an annual percentage of the total amount of |
credit. The APR is there to help you compare different offers.
|The APR is 34.2% (variable)|
|Charges for using a specific payment method||If you choose to make repayments to your account at the Post Office their standard fees will be payable.|
|Costs in the case of late payments||We reserve the right to charge you a £12 administration charge in respect of each missed payment or incomplete payment due and any fees we incur in the instruction or involvement of third parties for: tracing you, returned payments, debt collection or court action.|
|Consequences of missing payments||Missing payments could have severe consequences including legal proceedings and make obtaining credit in the future more difficult for you.|
21.4 Other important legal aspects
|Right of withdrawal||You have the right to withdraw from this Credit Agreement before the end of 14 days beginning on the day after the day on which the agreement is made, or if information is provided after the agreement is made, the day on which you receive a copy of the executed agreement under sections 61A or 63 of the Consumer Credit Act 1974, the day on which you receive the information required in section 61A(3) of that Act or the day on which you are notified of the credit limit, the first time it is provided, whichever is the latest.|
|Early Repayment||You have the right to repay early in full or in part.|
|Consultation with a Credit Reference Agency||If we decide not to proceed with your credit application on the basis of information from a credit reference agency, when informing you of the decision, we will inform you that it has been reached on the basis of information from a credit reference agency and the particulars of that agency.|
|Right to a draft credit agreement||You have the right, upon request, to obtain a copy of the draft credit agreement free of charge, unless we are unwilling at the time of the request to proceed to the conclusion of the credit agreement.|
21.5 Additional information in the case of distance marketing of financial services
|(a) concerning the creditor|
|Registration number||Afibel is a trading name of Damartex UK Limited which is licensed by the OFT to provide Consumer Credit under this name pursuant to licence number 0264768.|
|The supervisory authority||The Office of Fair Trading, Fleetbank House, 2-6 Salisbury Square, London EC4Y 8JX is the supervisory authority under the Consumer Credit Act 1974.|
|(b) concerning the credit agreement|
|The law taken by the creditor as a basis for the establishment of relations with you before the conclusion of the credit agreement||English Law.|
|The law applicable to the credit agreement and/or the competent court||The laws of England and Wales govern the credit agreement.|
|Language to be used in connection with your agreement||The contractual terms and conditions, and prior information are in English. The Creditor undertakes with the Debtor’s agreement, to communicate with the Debtor in English for the duration of the Credit Agreement.|
|(c) Concerning redress|
|Access to out-of-court complaint and redress mechanism||You have the right to complain to the Financial Ombudsman Service in respect of the Credit Agreement or any issues relating to the provision of credit. Write to: Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR or telephone 0845 080 1800.|
21.6 Afibel personal account terms and conditions
1.BY ENTERING IN TO THIS LOAN AGREEMENT WITH AFIBEL YOU AGREE THAT:
1.1 You accept these Terms and Conditions.
1.2 You have been provided with a full copy of this agreement for consideration before signing.
1.3 You are over 18 years of age.
1.4 The details you have given are true and complete.
1.5 You will inform us as soon as possible of any change in your name and home address.
1.6 Your signature to this agreement acknowledges receipt of a true copy.
1.7 All sums owed under the agreement shall become due and payable immediately if:
1.7.1 We believe you have provided us with any false information when you entered into this agreement.
1.7.2 A statutory demand is served on you, or any other steps are taken by you or any other person, to make you bankrupt.
1.7.3 You commit an act of bankruptcy (e.g. failing to pay a debt pursuant to a court order).
2. HOW YOUR ACCOUNT WORKS
2.1 Once you have opened your Afibel Personal Account and signed the credit agreement, you can use your account to order at any time and spread your payments for up to 20 months. Here’s how it works:
2.1.1 Complete your Order Form and tick the Personal Account box. If ordering by phone, call 0871 200 2231 and tell our friendly orderline operator it’s a Personal Account order or visit us 24 hours a day, everyday to place your order at www.afibel.co.uk. Calls cost 10p per minute plus network extras.
2.1.2 Full payment details are shown on every Afibel order form, including postage and packing charges.
2.1.3 We normally send you a statement every 4 weeks showing your orders, balances, payments and payment due date.
2.1.4 You can then choose to pay in full or by regular, 4 weekly instalments. You can pay by debit or credit card, cheque or postal order. Alternatively, you can pay by cash at the Post Office (fee will be payable).
2.1.5 The minimum payment is 1/20th of the cash price of goods bought or £5,(whichever is greater,) plus service charge.
2.1.6 After your first statement the service charge of 2.5 pence in the £ is added to the balance outstanding when your statement is produced (representative APR 34.2% variable).
2.1.7 For each statement after the first, the minimum service charge on an outstanding balance will be no less than 50 pence per statement.
2.1.8 We reserve the right to vary the duration, service charge and the minimum payment. We may do this if for example our costs, including the costs of borrowing, increase. Should this be necessary we will give you at least 28 days notice.
2.1.9 To calculate your approximate repayment, simply divide the cash price of any item by 20, e.g. Goods costing £100 could be paid for in 20 instalments of £5 plus service charges. If you repay more than the minimum payment the service charge will be reduced accordingly. (Written quotations are available on request).
3. DEFAULT CHARGES
3.1 Should you fail to make a payment or pay less than the minimum amount due, we reserve the right to make a reasonable administration charge to cover our costs of your default, including, but not limited to, pursuing the arrears.
3.2 This charge is currently £12 in respect of each missed or incomplete payment.
3.3 We also reserve the right to pass on any fees we incur in the instruction or involvement of third parties for: tracing you, returned payments, debt collection or court action.
4. YOUR RIGHT TO WITHDRAW
4.1 You have a right to cancel this credit agreement within 14 days commencing on the day after the agreement comes into force. If you wish to cancel the credit agreement you can do so by sending a notice, in writing, to: Afibel, PO Box 341, Farnborough GU14 0ZQ.
4.2 If you decide to cancel the credit agreement you will have to repay to us immediately, and in any event within a period not exceeding 30 days from the day when you exercise your right to cancel, the money you borrowed up to the date you cancel the agreement or return the goods.
5. CUSTOMER SERVICE AND COMPLAINTS PROCEDURE
5.1 Afibel is committed to delivering the highest possible standards of service. If you have an issue relating to the operation of your Afibel Personal Account please communicate with our Credit Manager (preferably in writing) who will ensure that your issue is dealt with in line with our Complaints Handling Procedure.
5.2 We will:
5.2.1 Give your complaint immediate attention
5.2.2 Do our very best to resolve your complaint as soon as possible
5.2.3 Inform you of the person who is dealing with your complaint
5.2.4 Send you our full response within eight weeks of receiving your complaint.
5.3 If you are not satisfied with our suggested resolution, or if eight weeks have passed since you first brought your complaint to our attention, you have the right to refer your complaint to the Financial Ombudsman Service. If you want the Financial Ombudsman Service to look into your complaint, you must contact them within six months of the date of any final response issued. You can write to them at: The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR
5.4 Alternatively you can phone 0845 080 1800. Further helpful information can be obtained from visiting the Financial Ombudsman Service website at www.financial-ombudsman.org.uk
6. DATA PROTECTION
6.1 The personal information we collect about you is used by us to verify your identity, undertake credit assessments to inform our lending decisions, manage your account and to make collections; it is also used to contact you for marketing purposes:
6.2 We may share information about you and the conduct of your account with credit reference agencies (see 6.3 below), with other lenders and with fraud prevention agencies. We may also share your information with relevant third parties including businesses within the same group as Afibel and any other thirds parties who offer products or services in which we think you may be interested. If you do not wish us to pass your information on to third parties you may contact us at any time and instruct us not to do so, either by writing to us at Afibel, PO Box 341, Farnborough GU14 0ZQ or via our website at www.afibel.co.uk.
6.3 We may use credit reference agencies to help us make lending decisions. We may also disclose to credit reference agencies the details of your agreement, payments made and any default, suspicion of fraud or failure to maintain the terms of the agreement. For full written details of how your data may be used by credit reference agencies, please contact the agencies below (they may charge you a small statutory fee):
6.3.1 Call Credit, Consumer Services Team, PO Box 491, Leeds LS3 1WZ, or call 0870 060 1414, or visit www.callcredit.co.uk
6.3.2 Equifax Plc, Credit File Advice Centre, PO Box 3001, Bradford BD1 5US, or call 0870 010 0583 or visit www.myequifax.co.uk.
6.3.3 Experian, Consumer Help Service, PO Box 8000, Nottingham NG80 7WF, or call 0870 241 6212, or visit www.experian.co.uk.
6.4 We will disclose your personal data when legally required to do so, for example at the request of government authorities conducting an investigation; we also use it to verify or enforce compliance with our policies, for example governing our web site and applicable laws or to protect against misuse or unauthorised use of our web site.
6.5 If we transfer, change or assign this agreement to a third party or if we use a third party to manage any aspect of this agreement, we will pass your information to them. Your data may be used for other purposes for which you give your specific permission.
6.6 Your data remains on file for 6 years after our files with your information are closed, whether settled by you or in default.
7.1 We may transfer all or any of our rights under this agreement.
7.2 This agreement is governed by English Law. This agreement is in English and all communications regarding it shall be conducted in English.
7.3 Afibel is a trading name of Damartex UK Limited which is licensed by the OFT to provide consumer Credit under this name pursuant to licence number 0264768.
7.4 Afibel is a responsible lender and will monitor your individual payment performance on an ongoing basis. If we consider that you are experiencing repayment problems such that it would be irresponsible to offer you further credit we may decline to do so.
7.5 We reserve the right to refuse or restrict credit orders.